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UNIFORMED SERVICES EMPLOYMENT & REEMPLOYMENT RIGHTS ACT

UNIFORMED SERVICES EMPLOYMENT & REEMPLOYMENT RIGHTS ACT. Purpose of USERRA.

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UNIFORMED SERVICES EMPLOYMENT & REEMPLOYMENT RIGHTS ACT

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  1. UNIFORMED SERVICES EMPLOYMENT & REEMPLOYMENT RIGHTS ACT

  2. Purpose of USERRA USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. It requires employers to put individuals back to work and protects from discrimination in the workplace based on affiliation. USERRA is intended to minimize the disadvantages to an individual that can occur when that person needs to be absent from his or her civilian employment in order to serve in the uniformed services

  3. USERRA What does that MEAN? • Protects reemployment rights with pre-service employers for veterans, Reserve, and National Guard members. • Prohibits employment discrimination on basis of past military service, current or future military obligations.

  4. Coverage Am I ELIGIBLE? • Anyone who performs, applies to perform, or has an obligation to perform: • Service in the armed forces: Active, Reserve and National Guard • An examination to determine fitness for military service • Service in the U.S. Public Health Service Commissioned Corps

  5. Employer Responsibilities • Excuse for duty (not required to take personal vacation time) • Promptly Reemploy in proper position, based on: • Seniority • Pay • Status • No arbitrary dismissal\No retaliation • Training or retraining if necessary

  6. Service Member Responsibilities • Leave to serve in the uniformed service • Provide notice of service • Written or Oral • Serve Honorably • Make a timely return to work • Refer to guidelines for timely requirements • Service does not exceed 5 years

  7. Timely Return to Work • When to go back to work Service TimeRequirement • 1-30 Days Must Report Next Work Day • 31-180 Days Must Apply Within 14 Days • 181+ Days Must Apply Within 90 Days Important! Don’t wait until the last minute to tell your employer that you are back!

  8. Injury on Active Duty& Disability What happens if I get HURT? • An employee injured on active duty may have an additional 2 years convalescence before applying to return to his/her job. • The employer must make reasonable accommodation to assist an employee, who has become disabled, upon his/her return to employment.

  9. Pay Will I get PAID by my Employer while I’m on Active Duty? • USERRA does not require an employer to pay an employee while he or she is on Military Leave of Absence. • Vacation normally does not accrue while on leave of absence.

  10. Documentation • What do I have to give my Employer? • At 31 days or more of service, your Employer has the right to receive documentation: • Application for Timely return to work • The members service was satisfactory • The 5 year limit has not been exceeded

  11. Escalator Principle • What is the Escalator Principle? • USERRA provides that returning service-members are reemployed in the job that they would have attained had they not been absent for military service (the long-standing "escalator" principle), with the same seniority, status and pay, as well as other rights and benefits determined by seniority

  12. Reemployment Position • If the Period of Service was for less than 91 days • Original position, along with seniority • If the Period of Service was for more than 90 days • Position with “like seniority, status, pay” • Original position, along with seniority • Employer has a duty to make reasonable effort to qualify service member

  13. Protection from Discharge Will I receive Protection from Termination? • Reemployed service members • 31 to 180 days - 6 months • 181 days or more – 1 year • No discharge except for cause

  14. Health & Pension My family still needs my Health Plan while I’m on duty, is that possible? Is my pension still intact? • 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% 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.

  15. Resources for USERRA Assistance • Unit Commands • Employer Support of the Guard and Reserve (ESGR) – (800) 336-4590 • www.esgr.org • www.dol.gov/vets • USERRA Advisor • DOL-VETS Staff

  16. Q & A Maarla Milligan Assistant Director, Investigator Veterans’ Employment and Training Service 4389 Imperial Ave San Diego, CA 92113 240) 867-2083 Milligan.Maarla.k@dol.gov

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