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U.S.
Department of Labor Program Highlights
Veterans' Employment and Training Service |
JOB RIGHTS FOR VETERANS AND RESERVE COMPONENT
MEMBERS
The Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA 38 U.S.C. 4301-4335)
The Department of Labor, through the Veterans' Employment and Training
Service (VETS), provides assistance to all persons having claims under USERRA.
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute.
USERRA protects civilian job rights and benefits for veterans and
members of Reserve components. USERRA also makes major
improvements in protecting service member rights and benefits by clarifying the
law, improving enforcement mechanisms, and adding Federal Government
employees to those employees already eligible to receive Department of Labor assistance in processing claims.
USERRA establishes the cumulative length of time that an individual may be
absent from work for military duty and retain reemployment rights to five years
(the previous law provided four years of active duty, plus an additional year
if it was for the convenience of the Government). There are important
exceptions to the five-year limit, including initial enlistments lasting more
than five years, periodic National Guard and Reserve training duty, and
involuntary active duty extensions and recalls, especially during a time of
national emergency. USERRA clearly establishes that reemployment protection
does not depend on the timing, frequency, duration, or nature of an
individual's service as long as the basic eligibility criteria are met.
USERRA provides protection for disabled veterans, requiring
employers to make reasonable efforts to accommodate the disability. Service
members convalescing from injuries received during service or training may have
up to two years from the date of completion of service to return to their jobs
or apply for reemployment.
USERRA provides that returning service-members are reemployed in the job
that they would have attained had they not been absent for military
service (the long-standing "escalator" principle), with the same
seniority, status and pay, as well as other rights and benefits
determined by seniority. USERRA also requires that reasonable efforts (such as training or retraining)
be made to enable returning service members to refresh or upgrade their skills
to help them qualify for reemployment. The law clearly provides for alternative
reemployment positions if the service member cannot qualify for the "escalator"
position. USERRA also provides that while an individual is
performing military service, he or she is deemed to be on a furlough or leave
of absence and is entitled to the non-seniority rights accorded other
individuals on non-military leaves of absence.
Health and pension plan coverage for service members is provided for by USERRA. Individuals performing military duty of more than 30 days may elect to
continue employer sponsored health care for up to 24 months; however, they may
be required to pay up to 102 percent of the full premium. For military
service of less than 31 days, health care coverage is provided as if the
service member had remained employed. USERRA clarifies pension plan coverage by
making explicit that all pension plans are protected.
The period an individual has to make application for reemployment or
report back to work after military service is based on time spent on
military duty. For service of less
than 31 days, the service member must return at the beginning of the next
regularly scheduled work period on the first full day after release from
service, taking into account safe travel home plus an eight-hour rest period.
For service of more than 30 days but less than 181 days, the service member
must submit an application for reemployment within 14 days of release from
service. For service of more than 180 days, an application for reemployment
must be submitted within 90 days of release from service.
USERRA also requires that service members provide advance written or
verbal notice to their employers for all military duty unless giving notice is
impossible, unreasonable, or precluded by military necessity. An
employee should provide notice as far in advance as is reasonable under
the circumstances. Additionally,
service members are able (but are not required) to use accrued vacation or
annual leave while performing military duty.
The Department of Labor, through the Veterans' Employment and Training
Service (VETS) provides assistance to all persons having claims under USERRA,
including Federal and Postal Service employees.
If resolution is unsuccessful following an investigation, the service
member may have his or her claim referred to the Department of Justice for
consideration of representation in the appropriate District Court, at no cost
to the claimant. Federal and Postal Service employees may have their
claims referred to the Office of Special Counsel for consideration of
representation before the Merit Systems Protection Board (MSPB). If violations under USERRA
are shown to be willful, the court may award liquidated damages. Individuals who pursue their own claims in court or before the MSPB may
be awarded reasonable attorney and expert witness fees if they prevail.
Service member employees of intelligence agencies are provided similar
assistance through the agency's Inspector General.
For more information about U.S. Department of Labor employment and
training programs for veterans, contact the Veterans' Employment and Training
Service office nearest you, listed in the phone book in the United States
Government under the Labor Department or visit our site:
http://www.dol.gov/vets/aboutvets/contacts/main.htm.
This is one of a series of fact sheets highlighting U.S. Department of
Labor programs.
It is intended as a general description only and does not carry the
force of legal opinion.
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