Employers have a legal responsibility to make significant concessions for employees who are members of the National Guard. Among the requirements are that that an employer must ensure that a soldier's job is still available when he returns, and that his pay and hours are not cut due to military service. Employers also must make whatever adjustments are necessary for the National Guard soldier to be off of work when he needs to train or is otherwise called to active service.
For their part, National Guard soldiers are required to give employers timely notice of their orders. Occasionally, an employer may feel the need to verify that the National Guardsman is actually serving when he says that he is. Fortunately, it's generally not difficult to do so.
Ask to See ID or Service Contract
The simplest way to verify that an employee is a member of the National Guard is to ask to see his military ID card or service contract. Either of these will have the information you need to verify that the soldier is, indeed, a member of a National Guard unit.
Ask to See LES or Drill Schedule
If you need to verify that an employee was engaged in National Guard service on particular dates, you may ask him to show you his Leave and Earnings Statement -- often abbreviated as LES -- or his drill schedule. National Guard soldiers should have no problem procuring either document given a reasonable amount of time. If your employee doesn't already have these documents, he can obtain a copy of his LES online and his drill schedule from his unit.
The National Guard soldier's LES will include the days for which he was paid, which will be the same dates on which he was engaged in training or other active service. The soldier's drill schedule will include the dates on which he was expected to be involved in training or other active service.
Call the Soldier's Unit
If you have reason to doubt that the documents the soldier is showing you are legitimate, or if you have questions regarding what accommodations you are required to make, call his unit and ask to speak to the unit commander or NCO in charge. The unit can verify that the soldier is a member and that he served on any dates in question. It generally will not be able to provide further information. If you are unsure of the soldier's unit, ask the soldier or contact your state's National Guard headquarters.
If you believe an employee may have misrepresented his National Guard service or otherwise abused the concessions you are required to make and have questions about your rights and the soldier's, contact Employer Support of the Guard and Reserve.
Dell Markey is a full-time journalist. When he isn't writing business spotlights for local community papers, he writes and has owned and operated a small business.