Uniformed Services Employment and Reemployment Rights Act
Encyclopedia
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, , codified as amended at ) was signed into law by U.S. President Bill Clinton
on October 13, 1994 to protect the civilian employment of non-full time military service members in the United States
called to active duty. The law applies to all United States uniformed services
and their respective reserve components
.
Reemployment Rights (VRR) Statute by protecting civilian
job rights and benefits for veterans, members of reserve components, and even individuals activated by the President of the United States to provide Federal Response for National Emergencies. 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 U.S. Department of Labor assistance in processing claims of noncompliance.
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 also provides protection for disabled veterans by 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.
Returning service-members are to be reemployed in the job that they would have attained had they not been absent for military service, this is known as the "escalator principle" (See FISHGOLD v. SULLIVAN DRYDOCK & REPAIR CORP., 328 U.S. 275 (1946) ), with the same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA also mandates 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 and benefits accorded other individuals on comparable types of 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.
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.
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. Because USERRA is a relatively recent statute, not much case law interpreting it or its corresponding regulations has been developed.
On Jan. 1, 2008 a five-year pilot project ended that had given the Office of Special Counsel shared responsibility with The Department of Labor for assisting federal employee USERRA claimants in initial claims. All claims must now be filed directly with the Department of Labor http://www.dol.gov/elaws/vets/userra/ee_disc.asp
and Senator Edward Kennedy
. This new legislation is referred to as the Servicemembers Access to Justice Act
of 2008.
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
on October 13, 1994 to protect the civilian employment of non-full time military service members in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
called to active duty. The law applies to all United States uniformed services
Uniformed services of the United States
The United States has seven federal uniformed services that commission officers as defined by Title 10, and subsequently structured and organized by Title 10, Title 14, Title 33 and Title 42 of the United States Code.-Uniformed services:...
and their respective reserve components
Military reserve force
A military reserve force is a military organization composed of citizens of a country who combine a military role or career with a civilian career. They are not normally kept under arms and their main role is to be available to fight when a nation mobilizes for total war or to defend against invasion...
.
General purpose
USERRA clarifies and strengthens the Veterans'Veteran
A veteran is a person who has had long service or experience in a particular occupation or field; " A veteran of ..."...
Reemployment Rights (VRR) Statute by protecting civilian
Civilian
A civilian under international humanitarian law is a person who is not a member of his or her country's armed forces or other militia. Civilians are distinct from combatants. They are afforded a degree of legal protection from the effects of war and military occupation...
job rights and benefits for veterans, members of reserve components, and even individuals activated by the President of the United States to provide Federal Response for National Emergencies. 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 U.S. Department of Labor assistance in processing claims of noncompliance.
Eligibility criteria
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 exceptions to the five-year limit include initial enlistments lasting more than five years, periodic United States National GuardUnited States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...
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 also provides protection for disabled veterans by 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.
Public and private employer responsibilities
USERRA applies to all employers in the United States. This includes Federal, State, Local, Private and even Foreign Companies operating within the United States and its territories. USERRA also applies to all United States employers operating in Foreign countries.Returning service-members are to be reemployed in the job that they would have attained had they not been absent for military service, this is known as the "escalator principle" (See FISHGOLD v. SULLIVAN DRYDOCK & REPAIR CORP., 328 U.S. 275 (1946) ), with the same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA also mandates 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 and benefits accorded other individuals on comparable types of non-military leaves of absence.
Health
Health insurance
Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is...
and pension
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
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.
Employee responsibilities
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.
Complaint resolution process
The US Department of Labor http://www.dol.gov/elaws/vets/userra/ee_disc.asp,through the Office of the Assistant Secretary for Veterans' Employment and Training http://www.dol.gov/vets/aboutvets/asec/ciccolella.htm(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 JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
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. Because USERRA is a relatively recent statute, not much case law interpreting it or its corresponding regulations has been developed.
On Jan. 1, 2008 a five-year pilot project ended that had given the Office of Special Counsel shared responsibility with The Department of Labor for assisting federal employee USERRA claimants in initial claims. All claims must now be filed directly with the Department of Labor http://www.dol.gov/elaws/vets/userra/ee_disc.asp
2008 Update
There were many deficiencies within USERRA that affected those in the National Guard and Reserves. In October 2007, Mathew B. Tully, an attorney practicing military law, himself a Major in the National Guard, was called to give testimony to Congress on these flaws within USERRA. On August 1, 2008 these flaws were addressed and many repaired with the introduction of legislation by Senator Barack ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
and Senator Edward Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
. This new legislation is referred to as the Servicemembers Access to Justice Act
Servicemembers Access to Justice Act
The Servicemembers Access to Justice Act of 2008 was introduced on August 1, 2008 by Senators Barack Obama, Edward Kennedy and Robert Casey...
of 2008.
Source
This article contains information that originally came from a US Government website, in the public domain.USERRA Federal Stakeholders
- United States Department of Labor Official Website
- Veterans' Employment & Training Service: (VETS) website
- Employer Support of the Guard and Reserve: (ESGR) website. ESGR solicits the assistance of military agencies, military training schools, and military and civilian associations in educating the Reserve forces about their rights and responsibilities regarding terms and conditions of civilian employment, as stipulated in USERRA.
- United States Office of Special Counsel: (OSC) website, OSC protects the reemployment rights of federal employee military veterans and reservists under USERRA.
- United States Department of Justice: (DOJ) website
Resources
- Service Members Law Center: An ROA website entirely dedicated to State and Federal USERRA information. Articles are listed by topic for searching convenience and the website is updated with relevant cases weekly.
- USERRA elaws advisor: Assists in understanding Veteran employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act.
- Mandated USERRA posters: (Federal and Private) Employers must provide entitled persons to the rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a notice of the rights, benefits and obligations of employees and employers under USERRA. Employers may provide the notice, “Your Rights Under USERRA”, by posting it where employee notices are customarily placed. However, employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail)
- National Veterans Training Institute: (NVTI) is mandated by law to provide specific training to certain groups, namely veterans employment and training professionals including employment service personnel, VETS and state staff, Department of Defense personnel and others. NVTI does not directly work with or train veterans.