OPM ISSUES RULES ON RESTORATION RIGHTS
OF FEDERAL RESERVISTS

Washington, D.C. -- The Office of Personnel Management is issuing interim regulations on the restoration rights of federal employees who leave their employment to perform temporary duty with the uniformed services of the United States military.

These regulations implement the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), Public Law 103-353, enacted into law on October 13, 1994. The new law includes not only the armed forces, but also the National Guard when engaged in active duty for training, inactive duty or full-time National Guard duty, and the Commissioned Corps of the Public Health.

The new law:

• makes clear that it is intended to protect the job rights of non-career service persons. The law also establishes a five year cumulative total on military service with the federal government;
  
• with certain exceptions allowed for call-ups during emergencies for Reserve drill and annually scheduled active duty for training;
  
• accords restoration rights, based on the duration of military service rather than the type of military duty performed; and
  
• requires OPM to find employment in the Executive Branch for federal employees when their former agencies determine that it is "impossible or unreasonable" to re-employ them.

The interim regulations also expand the coverage of the affected employees under the Federal Employees' Group Life Insurance (FEGLI) program and the Federal Employees Health Benefits (FEHB) program. Both the FEGLI and the FEHB regulations are amended to confirm that employees who separate to perform military service under the provisions of this act are considered to be employees in nonpay status. The FEHB regulations are further amended to show that health coverage may continue for up to 18 months after the employee enters military service.

The new law became fully effective on December 12, 1994.

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