In recent years, Florida has experienced some of the most destructive hurricane seasons in its history. As natural disasters increase in frequency and severity, the need for trained emergency personnel—including Florida FEMA reservists—has never been greater.
These service members play a vital role in responding to crises, often participating in multiple deployments across different emergencies. But while their service is appreciated, it can create long-term challenges with reemployment rights, benefits, and job security.
National Disaster Medical System for Military Service and More
With issues like cumulative service time and civilian employment rights becoming increasingly complex, the Florida CREW Act steps in to provide safety to such employees. Safety concerns are natural, but if you perform military service or are connected to a similar profession, know the details.
This article explores how state and federal law work together to protect Florida FEMA reservists, especially after back-to-back disasters, and what civilian employers and returning service members need to know about their responsibilities and rights.
The Role of Florida FEMA Reservists During Disasters
Whether it’s responding to a hurricane, flood, wildfire, or public health crisis, Florida FEMA reservists are among the first to deploy. Many serve as part of the Federal Emergency Management Agency, the National Guard, or the National Disaster Medical System. They are instrumental in recovery operations, logistics, shelter operations, and public safety.
While the federal government activates and supports these efforts, local government, public health service workers, and private contractors coordinate alongside FEMA to restore affected communities. The results of these operations are seen in improved working conditions, faster rebuilding, and stronger infrastructure—but the individuals who serve often face difficult reintegration into their civilian roles.
Understanding Multiple Deployment Rights and Cumulative Service
One of the more complex legal angles facing Florida FEMA reservists is cumulative service—or how multiple deployments over time affect a reservist’s total period of leave and legal protections.
According to USERRA (Uniformed Services Employment and Reemployment Rights Act), reemployment rights are protected for up to five cumulative years of military service. However, not all service counts toward this cap. For example:
- Training service
- Emergency situations
- State active duty
- Certain active duty missions for national emergencies
are excluded from the five-year limit. Still, confusion arises when employers question how many deployments a reservist has taken or whether their absence has exceeded the allowable time.
The Florida CREW Act protecting reservists after back-to-back disasters helps by clarifying state-level rights and reinforcing the importance of remaining continuously employed protections—even after multiple emergency activations.
Moreover, delayed no fault insurance have strict liabilities for parties at fault, thus, we recommend handling them accordingly.
Rights Under USERRA and the Florida CREW Act
Options like the Stafford Disaster Relief provide a good ground for employees entitled to coverage. However, if the employee works at a particular firm, gets fired, but is not being reemployed, here’s what they need to know before they request assistance.
Reemployment Rights
USERRA and the Florida CREW Act guarantee that returning service members who have been absent for military service, voluntary service, or active state service are entitled to:
- Prompt reinstatement to the same or comparable job
- Preservation of employee’s seniority, pay, and benefits
- Protection from adverse employment action
Even in cases where initial employment was part-time or contractual, reemployment rights still apply if the worker had a reasonable expectation of continued employment.
Health and Leave Protections
Reservists are also entitled to:
- Continued health benefits during deployment
- Restoration of health plan coverage upon return without a new waiting period
- Access to accrued holiday pay, sick leave, and unpaid leave options as defined by the employee handbook or collective bargaining agreement
Employers cannot deduct time for service-related absences from other benefits unless the law allows.
Advance Notice and Employer Communication
While USERRA requires as much notice as possible before deployment, it allows both written or verbal notice. Employer’s permission is not required. The employer’s request for documentation must be reasonable, and service members should provide copies of orders when feasible.
Employers must also consider:
- If the employee submits appropriate reemployment requests within the timeframes
- If the employee remained continuously employed before and after deployment
- The employee’s participation in armed forces service schools, training service, or obligated service
Failure to reinstate an employee properly after a service absence may be considered a violation, particularly when compounded by multiple deployments or cumulative leave time.
Federal and State Law Working Together
Beyond USERRA and the Florida CREW Act, other key protections include:
- Family and Medical Leave Act (FMLA): Protects job status during medical leave and caregiving related to deployment.
- Americans with Disabilities Act (ADA): Requires occupational safety accommodations for injured veterans or returning personnel with service-connected disabilities.
- WARN Act: Prevents layoffs disguised as restructuring when used to avoid rehiring deployed staff.
The Employer’s Responsibilities
Civilian employers must ensure compliance with:
- Military leave laws
- Applicable employment contract terms
- Reintegration policies under the Department of Labor guidelines
- Return-to-work practices for military personnel and other employees affected by deployments
Employers should maintain clear leave-of-absence tracking systems, especially for positions that require temporary replacements.
Common Legal Violations in Florida
Despite strong laws, Florida FEMA reservists often report:
- Being denied initial employment because of known future military obligations
- Experiencing delays in job reinstatement after emergency situations
- Losing access to benefits continues protections
- Facing unsafe or inferior working conditions
- Reduced pay in contrast to prior job roles
- Pressure from other employees who misunderstand their rights
In many of these cases, employers cite the employer’s circumstances, but legal review often reveals incorrect application of leave and reinstatement policy.
When and How to File a Complaint
If a service member experiences discrimination, they can file a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS). Complaints should include:
- Timeline of events
- Nature of service
- Employer communications
- Evidence of adverse employment action or denial of reemployment
Legal complaints may also be filed in court for lost wages, reinstatement, or violations of the Emergency Assistance Act, Homeland Security Support Statutes, or local federal emergency management agency regulations. It’s wise to discuss your case with an attorney for employment and reemployment rights. They can better guide you regarding this rather sensitive matter.
Creating a Strong Culture of Respect and Preparedness
Florida’s commitment to disaster recovery depends on the strength of its emergency workforce. That includes respecting the rights of those who serve repeatedly, often at personal sacrifice.
By supporting Florida FEMA reservists, recognizing multiple deployment rights, and understanding the challenges of cumulative service, employers and agencies can protect workers while building a stronger state response system.
The path forward requires education, clear policies, and ongoing accountability.
Bottom Line
If you are a Florida FEMA reservist who has faced challenges returning to work after one or more deployments—or if you are unsure about your reemployment rights under cumulative service—The Bourassa Law Group can help.
We are experienced in military and emergency employment law and know how to protect your career and benefits. Whether your rights were denied during back-to-back disasters, you were misinformed about your employee’s leave, or your benefits were cut short—we’re here to fight for you.
Get in Touch With BLG
Contact us today for a confidential consultation with our employment lawyers. We’ll stand with you to ensure that your service never comes at the cost of your livelihood.
1-800-870-8910