Uniformed Services Employment and Reemployment Rights Act (USERRA)
(P.L. 103-353, 108 Stat. 3149; 38 USC 43) 

Uniformed Services Employment and Reemployment Rights Act (USERRA). Starting March 10, 2004, this law was expanded to extend new protections to members of the Armed Forces serving in the mid-east.  There are important protections covering health insurance, home mortgages and job benefits for these special Americans.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), prohibits discrimination based on service in the Armed Forces Reserve, the National Guard, or other uniformed services.

USERRA prohibits an employer from denying any benefit of employment on the basis of membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

USERRA also protects the right of veterans, reservists, Guard members, and other members of the uniformed services to reclaim civilian employment after being absent due to service or training.

Enforcement

The Veterans Benefits Improvement Act of 2004, signed by President Bush on December 10, 2004, provides that the Office of Special Counsel (OSC) will receive and investigate all USERRA claims.

If you have any questions about OSC's role in enforcing USERRA, contact USERRA, by telephone at (202) 254-3620, or by e-mail at userra@osc.gov.

The Department of Labor's Veterans' Employment and Training Service home page at http://www.dol.gov/vets. contains an interactive guided program that provides information and answers questions about USERRA.

Who is Covered -- The Act applies to persons who perform duty, voluntarily or involuntarily, in the "uniformed services."  The services include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services.

National emergency call-ups, federal training or service in the Army National Guard and Air national Guard triggers employee rights under USERRA.  Uniformed service includes active duty, active duty for training, inactivity duty training (such as drills), and initial active duty training, as well as the emergency period for which an employee is absent from a position of employment for the purpose of an examination to determine fitness to perform any such duty.  USERRA covers all employees except those serving in positions where there is "no reasonable expectation that employment will continue indefinitely or for a significant period."

Basic Provisions/Requirements -- Employees returning from duty in the uniformed services must meet five eligibility criteria to be covered by USERRA:

*    They must have held a civilian job;
*    They must have given notice to the employer that they were leaving the job for military service;
*    The period of service must not have exceeded five years;
*    They must have been released from service under honorable conditions; and
*    They must have reported back to their civilian job in a timely manner.

USERRA establishes a 5-year cumulative total on military service with a single employer, with certain exceptions allowed for call-ups during emergencies, for reserve drills and annually scheduled active duty for training, etc.  USERRA also allows an employee to complete an initial period of active duty that exceeds 5 years, (Example): enlistees in the Navy's nuclear power program who are required to service 6 years.

Under USERRA, restoration rights are based on the duration of military service rather than the type of military duty performed (for example: active duty for training, inactive duty. etc.).

Time limits for returning to work under USERRA, with the exception of fitness-for-service examinations, depend upon the duration of a person's military service.  The applicable time limits are as follows:

*    Less than 31 days service:  By the beginning of the first regularly scheduled work period after the end of the calendar day of duty plus time required to return home safely.  If this is impossible or unreasonable, then as soon as possible.

*    31 to 180 days:  An application for re-employment (The Council does not recommend this practice) must be submitted no later than 14 days after completion of service.  If this is impossible or unreasonable through no fault of the person, then as soon as possible.

*    181 days or more:  Application for reemployment must be submitted no later than 90 days after completion of service.

*    Service connected injury or illness:  Reporting or application deadlines are extended for up to two years for those who are hospitalized or convalescing.

USERRA guarantees re-employed persons pension plan benefits that accrued during military service, regardless of whether the plan is a defined plan or a defined contribution plan.  It also requires health benefits continuation for service members and their families during military service for up to 18 months.

Employer Support of the Guard and Reserve (ESGR) programs and services help educate employers and community leaders about the important role the National Guard and Reserve play in a strong national defense.  Visit the ESGR website at: http://www.esgr.org

Currently, about half of the nation’s total available military manpower is made up of National Guard and Reserve components!  Founded in 1972, the Department of Defense agency also builds and strengthens the partnerships essential to ensure that Reserve component members are available and ready when needed.

The National Committee of Employer Support of the Guard and Reserve (ESGR) sponsors an Awards Program designed to recognize employers for employment policies and practices that are supportive of their employees' participation in the National Guard and Reserve. All employer recognition and awards originate from nominations by individual Reserve component members.  Depending on the degree of support, the level of recognition rises to the "Employer Support Freedom Award," given by the Secretary of Defense.

Finally, ESGR, along with top military leaders, develops solutions to problems that arise because of employee participation in the National Guard and Reserve.

More than 4,500 volunteer business, civic and military leaders serve on ESGR committees in every State, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands and the Virgin Islands.