.dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} USERRA also requires that reasonable efforts (such as training or retraining) be made to enable returning servicemembers to qualify for reemployment. Severe Storm and Flood Recovery Assistance. Under USERRA, UB must grant military leave to you upon request. Cir. #block-googletagmanagerheader .field { padding-bottom:0 !important; } Since the September 11, 2001, terrorist attacks and the deployment of U.S. armed forces to Iraq and Afghanistan, VETS has provided USERRA information to more than one million individuals through briefings or individual technical assistance. The .gov means it’s official. div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} Washington, DC 20210 The Law States: A person who is in any manner connected to the armed forces shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of … • promotion; or • any benefit of employment because of this status. USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. USERRA is the Uniformed Services Employment and Reemployment Rights Act. .cd-main-content p, blockquote {margin-bottom:1em;} #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} Law enforcement officer Brian Benvie received a promotion, retroactive seniority and back pay through his claims filed with the Veterans' Employment and Training Service under the Uniformed Services Employment and Reemployment Act. If an opportunity for promotion, or eligibility for promotion, that the employee missed during service is based on a skills test or examination, then the employer should give him or her a reasonable amount of time to adjust to the employment position and then give a skills test or examination. The Uniformed Services Employment and Reemployment Rights Act (USERRA) clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. USERRA also allows an employee to complete an initial period of active duty that exceeds five years. ol{list-style-type: decimal;} Army reservist Scott Harrison spent years planning and supporting global military operations in Kuwait, Afghanistan and Iraq. USERRA Requires Bonus Payment to Reservist Who Missed Training. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } What protections do I have against employment discrimination? Before sharing sensitive information, make sure you’re on a federal government site. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. /*-->*/. p.usa-alert__text {margin-bottom:0!important;} Federal and state laws provide strong employment rights to current and former members of the Armed Forces, including the federal Uniformed Services Employment & Reemployment Rights Act (USERRA) and veteran’s preference laws that benefit veterans who apply for jobs and promotions in federal and state government. The person must have reported back to the civilian job in a timely manner or have submitted a timely application for reemployment, unless timely reporting back or application was impossible or unreasonable. The .gov means it’s official. .manual-search ul.usa-list li {max-width:100%;} @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Benvie, an Army reservist who has served deployments in Kosovo, Iraq and Kuwait, first missed taking promotional exams for sergeant and lieutenant at the Brockton, Mass., police force due to active military duty. ​USERRA includes guidelines for the employers of service members, such as the following: Employers cannot discriminate, but they are generally not required to give preferential treatment to service members. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person on the basis of a past, present, or future service obligation. What employment actions constitute discrimination under USERRA? The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 1-866-4-USA-DOL, Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, www.dol.gov/agencies/vets/programs/userra/poster, Download USERRA "Know Your Rights" Poster. "They were a big help because they took my case," Benvie said. The following is a list of Frequently Asked Questions about the Uniformed Services Employment and Reemployment Rights Act (USERRA): 1. .homepage-blocks footer .news-button {display:none} you have not been separated from service with a disqualifying discharge or under other than honorable conditions. The rights listed here may vary depending on the circumstances. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. Benvie filed complaints under USERRA and received swift help from VETS staff in the national office and the regional office in Atlanta. 12-1023 (1st Cir. The site is secure. .h1 {font-family:'Merriweather';font-weight:700;} USERRA is a follow up to the Veterans Reemployment Rights (VRR). Merit Systems Protection Board. USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country's uniformed services. Federal government websites often end in .gov or .mil. Even if you don't elect to continue coverage during your military service, you have the right to be reinstated in your employer's health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries. .manual-search-block #edit-actions--2 {order:2;} An agency within the U.S. Department of Labor, 200 Constitution Ave NW Before sharing sensitive information, make sure you’re on a federal government site. promotion; or; any benefit of employment because of this status. The Soldier and Sailors Civil Relief Act (SSCRA) and the Family and Medical Leave Act (FMLA) go further to protect USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to perform service in the uniformed Services, to include certain types of service in the National Disaster Medical System and the Commissioned Corps of the Public Health Service. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. The promotion to a team leadership position was discretionary and there were only seven available positions, for which sixteen to seventeen people applied. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. For purposes of pension plan participation, vesting, and accrual of benefits, USERRA treats military service as continuous service with the employer. Washington, DC 20210 If this is impossible or unreasonable through no fault of the employee, then as soon as possible. Health Insurance Protection If you have orders to report for duty, UB will grant you sufficient time off to attend the military function or drill, plus reasonable travel time. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } 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 similarly-situated individuals on non-military leaves of absence. /*-->*/. USERRA prohibits discrimination against servicemembers and veterans based on their military service or status, including discrimination in hiring, promotions, termination, pay, and benefits. USERRA protects civilian job rights and benefits for veterans and members of Reserve components. 4301–4335 from adverse employment discrimination on the basis of their uniformed service, and provides for their prompt restoration to civilian employment when they return to civilian life. If a problem arises, what are my remedies? If the servicemember cannot qualify for the "escalator" position, he or she must be reemployed, if qualified, in any other position that is the nearest approximation to the escalator position and then to the pre-service position. promotion; or; any benefit of employment because of this status. The Act prohibits employment discrimination against persons because of their absence from their civilian employment due to military service or training in the Armed Forces Reserve, the National Guard, or other uniformed services. Harrison said, "The Department of Labor was able to advocate on my behalf and get results I could not get on my own.". 181 days or more: The employee must apply for reemployment no later than 90 days after completion of military service. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} An interactive online USERRA Advisor can be viewed at webapps.dol.gov/elaws/userra.htm. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that The law also protects individuals from discrimination in hiring, promotion, and retention on the basis of present and future membership in the armed services. Know Your USERRA Rights and Obligations During COVID-19 Crisis (pdf). USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. He received several promotions over the next decade, and […] For military service of less than 31 days, health care coverage is provided as if the servicemember had remained employed. Service-connected injury or illness: Reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. [CDATA[/* >