Date: May 14, 2018
AUSTIN ? The Texas Workforce Commission (TWC)
reminds individuals and employers that the employment rights of
military service members who are part of recent deployments of Texas
National Guard or other military deployments are protected by Texas and
federal laws. These laws are designed to prevent discriminatory
practices due to deployment such as withholding health or pension
benefits, termination or other adverse actions affecting promotions,
seniority or pay.
Laws governing the employment rights of employees on military duty
include the Uniformed Services Employment and Reemployment Rights Act of
and under Texas Law, Government Code, Chapter 437, which both provide
job protections from employment discrimination due to their military
training or duties.
“We support our members of the military who fulfill their duties on
behalf of Texas and our nation, and we work to ensure that they are
thanked for their service and are supported in the workplace while they
are away from their communities,” said TWC Chairman Andres Alcantar.
These troops and their employers should be aware of the requirements
of Texas Government Code, Chapter 437, specifically Section 437.204,
which provides protection from the following actions:
- Termination of employment because the employee is ordered to authorized training or duty by a proper authority,
- Failure to return employee to same employment held when ordered to authorized training or duty by a proper authority, or
- Employee being subjected to loss of time, efficiency rating,
vacation time, or any benefit of employment during or because of the
After Hurricane Harvey, the Texas Workforce Commission’s Civil
Rights Division received complaints from nine service members alleging
violations of Section 437.204, some of which were settled in favor of
the military service member.
“We understand how complex the laws can be at times and how many questions employers have,” said TWC Commissioner Representing Employers Ruth R. Hughs. “TWC
will do its best to get the word out about the important rights these
laws protect, so our employers have the easiest possible time complying
with legal requirements. Our goal is to have the reemployment rights of
all of our troops upheld after they return home.”
Employee responsibilities and best practices for the service members include:
- Providing the employer proof of membership in the Texas military forces;
- Immediately notifying the employer upon receipt of orders authorizing military training or duty;
- Giving written or actual notice of intent to return to employment, as soon as practicable after release from duty; and
- Returning to normal employment as soon as practicable after release from duty.
“We want the brave men and women who are answering their call of
duty, whether in Texas or throughout the world, to also know the rights
and responsibilities of both employers and employees under this state
statute.” said TWC Commissioner Representing Labor Julian Alvarez. “We salute our troops and thank them for their service.”
For more information and technical assistance for both employers and
employees, contact the Civil Rights Division at
The Texas Workforce Commission is a state agency dedicated to helping
Texas employers, workers and communities prosper economically. For
details on TWC and the services it offers in coordination with its network of local workforce development boards, call 512-463-8942 or visit www.texasworkforce.org. To receive notifications about TWC programs and services subscribe to our email updates.
Texas Workforce Commission 512-463-8942 www.texasworkforce.org Equal Opportunity Employer/Program
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