Bert Caldwell- Staff writer

The looming war with Iraq is coming home not only to the soldiers, sailors and airmen being called to active duty, as well as their families, but to employers.

The 100,000 National Guard and Reserve members so far called to duty have a job to do. They also have jobs they have been doing, and expect to do when they return from duty.

Attorney Pat Kirby says employers must pay attention.

A law passed in 1994 updated safeguards in place during the Gulf War, the last time there were major reserve call-ups. The biggest difference: Wages, benefits and position must escalate as if the employee had never been gone.

Clients are inquiring about their obligations, Kirby says. Some want to supplement military pay and benefits so neither employees nor their families suffer a reduction in standard of living. Others seem oblivious.

One human rights director asked if the company must comply with the law if the United States is not at war.

"My response was, `We are at war,' " says Kirby, adding that no declaration of war is required to trigger the protections the law provides.

But answers to other questions do not come so easily.

Life insurance plans, for example, typically specify they will not cover deaths or disabilities due to acts of war. And they may not be operative if an employee is not on the payroll.

The law requires employers to keep dependents on their health care programs, but if activated for more than 30 days the employee may have to pay up to 102 percent of the premium, including the employer's share.

Shifting to military health plans, another possibility, may involve changing doctors and contending with different coverages and exclusions.

"It gets very convoluted," Kirby says.

Matters may be no less complicated when soldiers return from duty.

If the weak economy has forced a business to lay off workers, the employer may be able to argue that rehiring a reservist will create "undue hardship." The Guard or reserve member may be out of luck, or they can seek recourse through the U.S. Department of Labor, which could refer the complaint to the Department of Justice.

If the government chooses not to act, the employee can sue, possibly getting double the back wages and benefits due, legal costs, and his or her job back.

So far, Kirby says, few of these questions have been resolved in court.

Kirby once served as a lieutenant in the U.S. Navy, and was almost called out of Gonzaga University's law school for duty during the Gulf War. Although not activated, he did do volunteer work as an ombudsman running interference for reservists dealing with balky employers.

Most did not understand the law, some suspected malingering by employees, or were merely upset they had little or no notice of impending call-ups. Kirby says employees should do their best to make bosses aware of their status, but some will be summoned to duty with only a few days to prepare. Some may be activated while training.

The loss of valuable workers is not costly for businesses alone, Kirby noted. In Washington, police, fire and other public employees activated for one year are entitled to 15 days at full pay in addition to vacation pay. Some jurisdictions -- the city of Spokane, for example -- backfill the gap between civilian and military compensation.

That's going to be especially burdensome for governments struggling to make ends meet.

"It's really going to test our commitment to our military members," Kirby says.

Thursday, Secretary of Labor Elaine Chao announced the preparation of a new package of information, "Frequently asked Questions for Reservists Being Called to Active Duty."

Copies have been made available at www.dol.gov/pwba, or by calling 1-866-275-7922.

Private employers may be entitled to assistance from the U.S. Small Business Administration. Besides the agency's regular loan-guarantee program, businesses may also obtain emergency loans. If businesses already have loans, they may be able to defer payments, or have interest rates lowered.

Spokeswoman Patty Jordan said SBA, the Spokane Regional Chamber of Commerce and Small Business Development Center can out together a team to provide management skills if a call-up strips a business of critical employees.

Help is also available to the employees themselves under a law enacted in 1940. The Soldiers and Sailors Civil Relief Act may qualify activated reservists for reduced rates on mortgages and credit cards, shield families from eviction and delay court actions like bankruptcies.

Jordan said most lenders know the law, but it is up to borrowers to request relief.

Changes in Earned Income Tax Credit guidelines may also help military personnel.

Kirby says the times are creating new responsibilities for everyone. "We're going to war in Iraq and we're going to war here at home."