Supervising a FEMA reservist is a unique responsibility that requires not only operational awareness but also a strong understanding of legal protections and administrative obligations. Reservists play a critical role in the federal government’s disaster response team management, supporting communities during natural disasters, public health emergencies, and national crises.
For supervisors in federal or civilian agencies, managing FEMA reservist deployments can raise many questions. How do you approve leave? What happens when a reservist returns from active duty? Are there legal risks if a position is changed while they’re deployed?
This guide explains the supervisor’s role in managing FEMA reservists effectively and legally, with a focus on compliance, communication, and planning.
Understanding FEMA Reservist Status
A FEMA reservist is a part-time, intermittent employee who deploys during federally declared disasters. They may also serve under the authority of the Uniformed Services Employment and Reemployment Rights Act (USERRA) if they are members of the National Guard, military reserves, or another uniformed service.
These individuals maintain civilian employment but may receive active duty orders when a disaster strikes. Their status can shift quickly between active and inactive service, requiring supervisors to stay informed and flexible.
Legal Foundation: USERRA and Military Leave Procedures
The cornerstone legal protection for FEMA reservists is USERRA, which safeguards their right to return to the same or similar job after deployment. Under USERRA:
- Employers cannot deny or delay a leave of absence for military service
- Reemployment protections apply even after multiple deployments
- Performance evaluations for reservists must reflect their absence neutrally
- Health insurance coverage can be maintained for up to 24 months during deployment
As a supervisor, you must never ask an employee to delay, forgo, or justify service obligations. Whether you’re a federal civilian supervisor or in a state/local agency, supervisor responsibilities for FEMA reservists include honoring leave, protecting benefits, and following a consistent reservist return to work process.
Before Deployment: Supervisor Responsibilities
1. Acknowledge and Record the Deployment
When a reservist provides active duty orders or notifies you of a deployment, acknowledge the request in writing. You do not need to approve military leave, but you should record:
- Date of notification
- Start and expected return dates
- Type of duty (e.g., FEMA mission, National Guard activation)
- A copy of orders, if voluntarily provided
Use internal tracking systems or a leave tracking for deployment tool if available.
2. Consult the FEMA Reservist Handbook
The FEMA reservist handbook includes clear policy on job protections, employment expectations, and supervisor protocols. Review this guide to ensure alignment with agency standards and the federal personnel handbook.
3. Plan for Workforce Continuity
Before the employee departs:
- Review their current projects and deliverables
- Assign a backfill or temporary lead
- Communicate any role reassignments to the team transparently
- Update HR or personnel teams to reflect the employee’s status
This ensures smooth transitions and supports mission continuity.
During Deployment: Maintaining Compliance
1. Avoid Employment-Based Decisions During Absence
Supervisors must not make any decisions that penalize a deployed employee. For instance, do not:
- Alter job status
- Reduce pay grade or seniority
- Deny bonus eligibility based on absence
- Adjust performance evaluations for reservists unfairly
All of these actions may violate USERRA and could result in legal consequences.
2. Maintain Regular Communication
While you are not required to keep in touch with deployed employees, occasional check-ins are encouraged—particularly for long deployments. Respect boundaries and avoid asking for early returns or details not relevant to job reentry.
If updates about reservist status are shared voluntarily, keep HR informed.
3. Monitor Policy Changes
Stay updated on changes to the FEMA deployment policy, as well as evolving USERRA interpretations from the Department of Labor VETS program.
After Deployment: The Return to Work Process
1. Reinstate Promptly and Fairly
Upon return, reemployment protections require that the reservist be reinstated:
- In the same or equivalent position
- With restored seniority and accrued benefits
- Without requiring a new probationary period
The reservist return to work process must be prompt. Supervisors should not delay this transition unless operationally impossible, and even then, must consult HR/legal.
2. Reintegrate the Employee Respectfully
Return-to-work meetings should cover:
- Project updates
- Benefit reinstatement confirmation
- Role responsibilities
- Any organizational changes (with clarity that their rights are unchanged)
Avoid singling out the returning employee or creating a hostile environment through changed responsibilities.
3. Evaluate and Provide Support
Offer training updates or refreshers if policies or tools have changed during the employee’s absence. Consider EAP or wellness referrals if requested.
Ensure compliance with federal leave entitlements, especially if the employee also qualifies for medical leave or needs transition time.
Special Considerations for Intermittent Employees
Many FEMA reservists are intermittent employees, meaning they only work during active assignments. Supervisors managing these roles must:
- Ensure employment continuity planning between deployments
- Document all periods of activation and service
- Avoid classifying the position as “abandoned” due to inactivity
USERRA protects even irregular work schedules if a reasonable expectation of continued employment exists.
Managing Backfill and Team Operations
You are allowed to assign temporary replacements during deployment, but must ensure:
- The replacement understands this is a temporary role
- Promotions or job structure changes do not eliminate the reservist’s return role
- Internal policies on federal supervisor deployment guidance are followed
Any violation of this process can lead to grievances or formal complaints. Remember, if a company denies a no fault insurance claim, they will face serious consequences.
Legal Risks for Non-Compliance
Failure to follow deployment-related laws and policies may result in:
- Legal action from the employee or their representative
- Investigations from the Department of Labor
- Agency penalties or back pay obligations
- Reputational damage to your office or department
That’s why understanding your supervisor’s responsibilities, FEMA is not just good practice—it’s a legal obligation.
Tips for Building a Deployment-Ready Team Culture
- Educate your staff on rights related to military leave procedures
- Create internal guidance documents based on this supervisor’s legal guide
- Encourage a culture of respect for public service and federal deployments
- Standardize reentry processes so reservists don’t feel marginalized
- Align with HR for every reservist request or activation notice
Final Thoughts
Supervising a FEMA reservist is a responsibility that requires empathy, clarity, and a strong grasp of employment law. Whether you’re overseeing a federal workforce or managing a local agency, your role in supporting reservists directly impacts their careers and well-being.
By following this guide, understanding the FEMA deployment policy, and adhering to USERRA, you not only comply with the law—you contribute to a culture that values service and respects sacrifice.
Connect with BLG Today
Are you a supervisor or HR leader unsure about your legal obligations when managing FEMA reservists or deployed employees?
Bourassa Law Group can help.
Our employment law team offers compliance training, policy reviews, and legal defense for public and private agencies navigating military leave and reemployment regulations.
Contact us today to ensure your team is prepared, protected, and fully aligned with federal law. Let’s support our FEMA reservists with clarity and respect.
1-800-870-8910