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/