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Archived News Release — Caution: Information may be out of date.
WASHINGTON - U.S. Secretary of Labor Elaine L. Chao announced
today that the Department of Labor will begin an education campaign for
employers as well as National Guard and Reserve units, to ensure that civilians
called up for active duty are re-employed at their previous jobs after
completion of their military service.
Reservists and National Guard members who are called to active duty by
the President have re-employment rights to their civilian jobs, as part of the
Uniform Services Employment and Reemployment Rights Act (USERRA), administered
by the U.S. Department of Labor.
"America is calling upon its men and women to serve in the defense of
our country. The jobs these patriots leave behind are preserved and protected
for when they return. This is what the civilian population can do to support
our military and contribute to the war effort," Chao said.
Under USERRA, Reserve and National Guard members who leave their
civilian jobs must be re-employed to the same position they would have had if
their employment had not been interrupted by military service. They are
entitled to all seniority and other rights and benefits determined by seniority
that they would have attained if they had been continuously employed. For
example, upon re-employment, a returning service member's rate of pay should
include any seniority-based pay increases that occurred during the period of
military service.
Employee benefits are also protected when a service member is
re-employed. An employee who was covered by a health plan at work is entitled
to immediate reinstatement upon re-employment. Similarly, pension rights are
protected upon re-employment.
USERRA is enforced by the Labor Department's Veterans' Employment and
Training Service (VETS). VETS has provided guidance to its field offices to
assure that National Guard and Reserve members who are called to duty, and
their employers, are aware of their rights and obligations under USERRA. VETS
will give briefings to local Guard and Reserve units about USERRA at the time
of their activation and again when their tour is completed. In addition, VETS
will distribute USERRA fact sheets to military personnel and their employers.
Reserve, National Guard members and employers are encouraged to log on
to http://www.dol.gov/dol/vets for a
detailed explanation of rights and responsibilities. VETS state directors of
veterans' employment and training (DVETs) can answer questions from employers
and individual reservists and guard members.
Archived News Release — Caution: Information may be out of date.
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