Provide Resources and Expertise to

1. Assist & Prepare Veterans to obtain Meaningful Careers

2. Maximize Employment Opportunities

3. Protect Employment Rights

US Department of Labor

Veterans’ Employment & Training Service

Uniformed Services

Employment and

Reemployment

Rights Act of 1994

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Designed to encourage Non-Career Service in the Uniformed Services

Minimizes disruption of Service Members lives by providing for prompt reinstatement following service

Covers virtually ALL U.S. Employers, regardless of size, both here and Overseas 38 U.S.C. 4301-4335 (Statute) 20 C.F.R. 1002.1-1002.314 (non-Federal sector

regulations) 5 C.F.R. 353.101-353.304 (Federal sector regulations)

Uniformed Services Employment and Reemployment Rights Act of 1994

Supreme Court Admonished that:

• Veterans’ reemployment rights are to be “liberally construed” for the benefit of the Veteran.

• DOL intended that this “interpretive maxim” apply w/ full force and effect in construing USERRA and the Regulations

Veterans’ Employment and Training Service (VETS) administers and is responsible for the enforcement of USERRA

Inform & educate Service members and/or employers on the USERRA law

Upon receipt of a complaint, VETS immediately conducts formal investigations

USERRA includes

Private Sector, Local, State or Federal

GovernmentsProbationary

CareerCasual

OverseasPart-timeSeasonal

Uniformed Services Employment and Reemployment Rights Act of 1994

• Employees include U.S. citizens, National or Permanent Resident Alien employed overseas by a U.S. company.

• Intermittent Disaster-Response appointees & trainees are covered

• NG service under State authority is NOT covered by USERRA. State laws do.

• Public Health Services is covered.

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With reinstatement in old job

Referrals to a new job

Accommodation resulting from disabilities while deployed

Complaints can go to either ESGR or DOL under USERRA

Should you tell your employer before reinstatement if you are going to need accommodation or to have time off for medical appointments, etc.?

Due to heavy reliance on Guard & Reserve Forces, members may need assistance

Uniformed Services Employment and Reemployment Rights Act of 1994

• Reservist must provide ADVANCE NOTICE (unless precluded by military necessity or beyond their control) Employee should be considered to be on FURLOUGH or LEAVE OF ABSENCE

RESERVIST REQUIREMENT

TIMELY APPLICATION

UP TO 30 DAYS - NEXT NORMAL SHIFT

31 to 180 DAYS = 14 DAYS

OVER 180 DAYS = 90 DAYS

EXTENDED if SUSTAINED or

AGGRAVATED ILLNESS or

INJURY WHILE ON ACTIVE DUTY

HEALTH INSURANCE

Section 1002.168 was [4317(a)(1)]

Can choose to continue

COVERAGE WHILE ON ACTIVE DUTY

for UP TO

24 MONTHS

(PAYMENT can be UP to 102

PERCENT of COST)

UPON REEMPLOYMENT,

NO WAITING PERIOD FOR

REINSTATEMENT

SENIORITY & PENSION

• ALL Seniority Rights & Benefits AS IF THEY NEVER LEFT

“ESCALATOR PRINCIPLE”

Title 38, Chapter 43, U.S. C.

• Must be given opportunity to make up Contributions to Pension Plan

Higher Education 1. What do the readmission requirements do?

• Require institutions to promptly readmit with the same academic status a servicemember who was previously admitted to the institution but who did not attend, or

• Did not continue to attend, because of service in the uniformed services

2. What is the purpose of the readmission requirements?

• To minimize disruption to the lives of servicemembers,

• allowing them to return to without penalty for having left because of their service.

The law went into effect August 14, 2008 (the day the law was enacted). The regulations went into effect July 1, 2010. The requirements are effective for

readmissions of servicemembers on or after those dates.

Uniformed Services Employment and Reemployment Rights Act of 1994

Normally they are the first contact to brief on the law and offer assistance

Military members may not know about the law and the first time they pay attention to briefings is when they have been impacted

Not many organizations assist our veterans in such a beneficial way outside of the Assigned Public Agencies

Uniformed Services Employment and Reemployment Rights Act of 1994

VETS Website and USERRA Advisor• The Advisor has online complaint form

(VETS Form 1010),and Electronic (E-1010 filing system)

• USERRA Advisor can be viewed at http://www.dol.gov/vets/programs/userra/poster.htm , and

• VETS website is at http://www.dol.gov/vets/

VETS Website, and USERRA Advisor

The Advisor has online complaint form (VETS Form 1010),and Electronic (E-1010 filing system)

USERRA Advisor can be viewed at http://www.dol.gov/vets/programs/userra/poster.htm , and

VETS website is at http://www.dol.gov/vets/