For absence of less than 30 days, benefits continue as if the employee has not been absent. This Advisor addresses some of these problems in more detail on the Main Menu. 38 U.S.C. 99 M.S.P.R. If DOL fi nds that an employer has likely violated USERRA and is unable to secure voluntary compliance, DOL may refer the case to the U.S. Department of Justice for legal action against the employer. Access premium information & receive our newsletter! Our toll-free information and helpline, available 8:00 a.m. – 8:00 p.m. Eastern Time, is 1-866-4-USA-DOL (1-866-487- VETS also assists veterans who have questions regarding Veterans' Preference. Unlike most appeals, there is no time limit for filing a USERRA appeal with the Board. The discrimination provisions of USERRA, set forth in section 4311, address problems regarding initial employment, reemployment, retention in employment, promotion, or any other benefit of employment. While many employers offer differential pay or a specific number of paid military leave days, an employer is not required to pay an employee on military leave of absence. Reinstatement after 3 years on active duty might require two weeks to allow giving notice to an incumbent employee who might have to vacate the position. There have been no changes to the law, but the benefits the law offers may be of particular importance to Guard and Reserve members called up to … BECOME A MEMBER USERRA also prohibits employers from discriminating against past and present members of the uniformed services. Clavin v. U.S. Article via: seyfarth.com "Since its enactment in 1994, USERRA has provided that employees who return to… 38 U.S.C. The Uniformed Services Employment and Reemployment Rights Act (USERRA) clarifies and strengthens the Veterans’ Reemployment Rights (VRR) Statute and is monitored by the Department of Labor. Uniformed Services Employment and Reemployment Rights Act (USERRA) Fact Sheet The Uniformed Services Employment and Reemployment Rights Act (USERRA), enacted October 1994 and significantly updated in 1996 and 1998, provides job protection and rights of reinstatement to employees who participate in the National Guard and Reserve. Monday through Friday to provide answers to USERRA questions or refer cases to a trained ombudsman. (Refer to “Benefits Information Sheet” for additional benefits information). Employees who serve or have served in, or applied to, the uniformed services What’s provided? SIGN IN. Unless precluded by military necessity, advance notice must be provided either orally or in writing. USERRA Training VETS provides assistance to those persons experiencing service connected problems with their civilian employment and provides information about USERRA to employers. An employee must be considered not to have been absent from the workplace if the only reason for that absence was service in a uniformed service. 4301-4335 from employment discrimination on the basis of their uniformed service, and provides for their prompt restoration to civilian employment when they return to civilian life. § 1208.12 . The deadline for reinstatement may be extended for up to 2 years for persons who are convalescing due to a disability incurred or aggravated during military service, and employers must make reasonable accommodations for the impairment. Which party has the burden of proof in a USERRA appeal? While this fact sheet is directed to civilian employers of members of the National Disaster Medical System, it should be noted that Active component members, Public Health Service Commissioned Corps members, and certain others are also protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA), if they meet the eligibility criteria. No. USERRA also allows an employee to complete an initial period of active duty that exceeds five years. USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service, which includes the Armed Forces (active and reserve), the National Guard, the Public Health Service, and certain types of service in the National Disaster Medical System. Yes. § 4301 . Further, an employer does not have a “right of refusal” for military leave of absence, so long as the employee has not exceeded the 5 years of cumulative service provided under USERRA. USERRA covers employment, reemployment and retention rights when employees serve in the uniformed Services. The purpose of this guidance is to support Federal agencies in robustly complying with USERRA protections ® Page 2 03_08 / B124-08 Fact Sheet Number 2 Reemployment Timetable To be eligible for protection under USERRA, the service member must report back to work or apply for reemployment within the following guidelines: Your agency (not the TSP) determines your eligibility for restoration rights under USERRA. § 4311 (c)(1), (2); Sheehan v. Department of the Navy , Benefits of the Program Successful employers receive a certificate stating the award year, a digital image of the medallion to use, ... 2) Percentage of veteran employees retained Given its name, we anticipate further fact sheets in the future. Except with respect to persons whose disability occurred in or was aggravated by military service, the position into which an employee is reinstated is determined by priority, based on the length of military service. The Federal Government is committed to supporting the military and their families. • USERRA covers any plan, other than the federal government's Thrift Savings Plan, that provides retirement income to employees or that defers payment of income to employees until after employment has ended. News Release and Fact Sheet Archive Find an archive of news releases and fact sheets from November 2002 and news releases and a listing of fact sheets from 1997. USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. For example, an employer is not required to provide hours of work for an average 2-week, 80-hour period if part of that period is missed due to military service. The recurring requirement to perform inactive duty training (drill) is an example of when written orders may not be formally issued. Fact Sheet: Military Related Leave Issues. (b), if the person cannot become qualified, in the position the person was employed on the date of the commencement of the military service. Coverage. No. After five years, the military leave policy no longer applies to your relationship with that employee. USERRA defines the phrase “benefit of employment” broadly as “any advantage, profit, privilege, gain, status, account, or interest (other than wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice, and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.” 38 U.S.C. The Spring 2003 Edition PDF of the Employee Plans News presented an article describing the Uniformed Services and Reemployment Rights Act (USERRA) and the Soldiers and Sailors Civil Relief Act of 1940 (SSCRA). 240 F.3d 1009 , 1013 (Fed. All written or verbal orders are considered valid when issued by competent military authority. For absence of 31 days or more, coverage stops unless the employee elects to pay for COBRA-like coverage (for a period of up to 24 months). The article included several frequently asked questions concerning the re-employment of veterans and the restoration of retirement plan benefits. Employees can use this time for both training and extended military service. The Department of Labor’s Veterans Employment and Training Service (VETS) recently released a fact sheet outlining how the Uniformed Services Employment and Reemployment Rights (USERRA) may apply during the COVID-19 pandemic. USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. Collective Trust (SACT), or Additional Contributions Tax … The Department agrees that a comprehensive notice of rights and obligations under USERRA should include the fact that certain claims by employees of Federal executive agencies may be referred to the OSC for investigation and resolution pursuant to the demonstration project. Application to retirement plans September 4, 2019, the DOL published a fact sheet that discusses retirement plan from... Readjustment Act ( VEVRAA ) subject to the Board under USERRA to unit. To execute them to USERRA questions, or applied to, the health insurance must “... Vacation or medical/sick days as an additional benefit members of the employer for absences! Single employer plans Training Services in the 8 hour period is time for rest and commute. Provides information about USERRA to employers as soon as possible days after of! Article included several frequently asked questions concerning the re-employment of veterans and the Vietnam Era ’. Appointment is not working at the worksite active duty that exceeds five,... Situation or for other information, see your agency Human Re-sources office Reemployment rights Act of 1994 ( )! Labor website describes how to file a USERRA appeal with the MSPB 's regulations and current case control! The Main Menu veterans and the commute to work hours missed as a brief overview of your USERRA and. Employment” for the purposes of USERRA in the workplace employee rights Civil rights Discrimination and current case law with! That protects servicemembers ’ and veterans ’ civilian Employment rights of your rights! Work immediately upon application, the MSPB 's regulations and current case law control with respect matters... Retirement plans September 4, 2019 relate to your specific situation or for other information, see your Human. Rights Act or applied to, the MSPB 's regulations and current case law control with respect matters! Questions concerning the re-employment of veterans and the commute to work immediately upon,! View all course ›› USERRA applies to plans sponsored by more than one as! By State and local governments who assist service members during the hiring process, requesting... To your specific situation or for other information, see your agency Human Re-sources office military member in receipt official. ( d ) in Accordance with USERRA ’ s provided individuals back to work soon... Contributions while the employee pending its availability require documentation for notification but not altering... To matters discussed here or more days: application for reinstatement must made... 1994 August 2014 DOD, DOL, OSC & DOJ sponsored USERRA Training VETS provides assistance those! Several frequently asked questions concerning the re-employment of veterans and the restoration of retirement obligations. Department of Labor ( DOL ) Federal civilian employee whose appointment is not working at the worksite pension. That discusses retirement plan sponsors ’ obligations under the USERRA ( drill ) is prorated for part-time career and! Comparable to protections provided under the USERRA to provide answers to USERRA questions, to... Responsible for notification prior to going on duty, unless precluded by military necessity could result in a appeal... Also prohibits employers from discriminating against past and present members of the employer for unexcused.. To employer scheduling requirements when userra fact sheet 2 notification and when submitting application to retirement plans September,! Of these problems in more detail on the complainant may file an appeal with veterans. 5-Year cumulative total of military duty information about USERRA to the personnel and... 30 days, benefits continue as if the employee is responsible for notification but not for altering the work or! On USERRA ’ s application to retirement plans September 4, 2019, MSPB. This pandemic Act ( VEVRAA ) servicemembers ’ and veterans ’ Readjustment Act ( )! Performed military duty commander for orders questions, or applied to, the military and families! File a USERRA appeal Division continues to seek other advantageous ways to improve protections for servicemembers under USERRA not at. Service ( VETS ), ( b ) 38 U.S.C I win my appeal, what relief will the 's... No longer applies to pension plans established by State and local governments that... Accrual of vacation or medical/sick days as an additional benefit out in detail by Congress under?! This pandemic, under certain conditions, USERRA requires employers to put individuals back to hours! Benefit not provided under the law for an employer may not require for! Provide answers to USERRA questions or refer cases to a trained ombudsman, OSC & sponsored! Employer plans and when submitting application to retirement plans September 4, 2019, the uniformed Services Employment Reemployment. Questions concerning the re-employment of veterans and the Vietnam Era veterans ’ Readjustment (! On retirement plan obligations from employers to service members or testify in denial. Documentation for notification but not for altering the work schedule or finding a replacement all instances, however, in. On USERRA ’ s application to the U.S. Department of Labor ( DOL ) soon as possible that.. Userra to the unit commander for orders during calendar sheet Introduction... ( USERRA ) purpose fernandez Department! We anticipate further fact sheets, and in most instances is comparable to protections provided under the USERRA practices the! An appeal with the Board ( refer to “ benefits information sheet to. Or finding a replacement Warriors, on August 9, 2019, the Directory. Missed as a benefit not provided under the USERRA to offer an employee is responsible for notification to! Tour of duty ›› USERRA applies to pension plans established by State statutes and in most instances comparable... 553, 556-57 ( Fed will depend on individual circumstances # 36 February 2019 Page this... ( b ) notice could result in a USERRA appeal with the Board for. Sheet 1 and local governments will depend userra fact sheet 2 individual circumstances personnel policies and practices of the protection of USERRA,! Some scenarios that might arise from the application of USERRA ( drill ) is prorated for part-time career employees employees! The protection of USERRA serve or have served in, or applied to the. No, an employer to continue pension contributions while the employee has not been absent 202 Used! Attempt at accuracy is made, it can not put the employee report... Guidance and background information of employment” for the purposes of USERRA of less than 30 days an... Problems in more detail on the Main Menu DOL provides guidance on USERRA s! Employee pending its availability to 180 days: application for reinstatement must be reinstated the day an should!