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 De[artment 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 USERRA, contact the Veterans' Employment
and Training Service office nearest you, listed in the phone book in the
United States Government under the Labor Department.
In Missouri, call 573-751-3921
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 De[artment 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 USERRA, contact the Veterans' Employment
and Training Service office nearest you, listed in the phone book in the
United States Government under the Labor Department.
In Missouri, call 573-751-3921
| USERRA: JOB RIGHTS FOR VETERANS AND RESERVE COMPONENT MEMBERS The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA 38 U.S.C. 4301-4334) |
Missouri Veterans
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