USERRA protects civilian job rights and benefits for veterans and members of Reserve components. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides employment protections to military veterans and reservists. For military service of less than 31 days, health care coverage is provided as if the service member had remained employed. Individuals who pursue their own claims in court or before the MSPB may be awarded reasonable attorney and expert witness fees if they prevail. Washington, DC 20210 The maximum period of continuation coverage for health care under USERRA is the lesser of: a. Today’s military service requirements often require Reserve Component members to serve more than the traditional one weekend a month and two weeks a year. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} It includes all elements of compensation such as drawing accounts, bonuses and shift premiums. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} The timeframes depend on the length of service and can be found in 5 CFR 353.205. Fitness for duty or other required examination. If violations under USERRA are shown to be willful, the court may award liquidated damages. 2. The law clearly provides for alternative reemployment positions if the service member cannot qualify for the "escalator" position. The Department of Labor, through the Veterans' Employment and Training Service (VETS), provides assistance to all persons having claims under USERRA. ... Health plan: If your company has a health plan for employees, you must reinstate their coverage when they return to work. The beginning of the next regularly scheduled work period on the first full day following completion of service and expiration of an 8-hour rest period following safe transportation home. Provided a service member meets the criteria set forth above, he or she must simply request reemployment or report back to work in a timely manner. p.usa-alert__text {margin-bottom:0!important;} [1], [1] United States Department of Labor – Poster, Your Rights Under USERRA, United States Department of Labor – Veterans Employment and Training Service (2008), http://www.dol.gov/vets/programs/userra/USERRA_Federal.pdf, Pittsburgh: 412-626-5626 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. .table thead th {background-color:#f1f1f1;color:#222;} Throughout this period, the employee’s seniority, health care and pension benefits must be main- tained. Federal government websites often end in .gov or .mil. USERRA also requires that reasonable efforts (such as training or retraining) be made to enable returning servicemembers to qualify for reemployment. #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;} However, if the required documentation does not exist or is not readily available, reemployment may not be delayed or denied. You cannot fire the returned service member, unless there is … Q16. For members of the military being called to duty or being deployed can be hard on families, friends, and the individual who is serving. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} USERRA provides that following periods of military service of 31 days or more, the returning employee must, upon request, provide documentation that establishes length and character of the service. 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. 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). What are the guidelines USERRA provides for the employee to return to work after completion of military service? 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 Department of Labor assistance in processing claims. 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. #block-googletagmanagerheader .field { padding-bottom:0 !important; } The last thing that a service member should have to worry about upon returning home is losing his/her job. Section 4312 (e) / 20 CFR 1002.115 To qualify for USERRA’s protections, a service member must be available to return to work within certain time limits. Service members may face life-threatening situations abroad and when they return home the transition back to civilian life can be difficult. ... (his planned return to work date) through October 22, when the alternative position was offered (if truly an equivalent position). #block-googletagmanagerfooter .field { padding-bottom:0 !important; } USERRA became law on October 13, 1994, and its reemploy - ment provisions apply to all members of the uniformed services seeking civilian reemployment on or after December 12, 1994. 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. 1-866-4-USA-DOL, Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, Severe Storm and Flood Recovery Assistance. 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. What documents satisfy the requirement that the employee establish eligibility for reemployment after more than thirty days of service? The employee must also provide adequate documentation showing eligibility to return to work. 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. 38 U.S.C. 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