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Provide Resources and Expertise to Assist & Prepare Veterans to obtain Meaningful Careers

Provide Resources and Expertise to Assist & Prepare Veterans to obtain Meaningful Careers Maximize Employment Opportunities Protect Employment Rights. Uniformed Services Employment and Reemployment Rights Act of 1994. Designed to encourage Non-Career Service in the Uniformed Services

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Provide Resources and Expertise to Assist & Prepare Veterans to obtain Meaningful Careers

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  1. Provide Resources and Expertise to • Assist & Prepare Veterans to obtain Meaningful Careers • Maximize Employment Opportunities • Protect Employment Rights

  2. Uniformed Services Employment and Reemployment Rights Act of 1994

  3. 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)

  4. 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

  5. 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

  6. USERRA includes Private Sector, Local, State or Federal Governments • Probationary • Career • Casual • Overseas • Part-time • Seasonal

  7. 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.

  8. Due to heavy reliance on Guard & Reserve Forces, members may need assistance • 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.?

  9. 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

  10. RESERVISTREQUIREMENT TIMELY APPLICATION UP TO 30 DAYS - NEXT NORMAL SHIFT 31 to 180 DAYS = 14 DAYS OVER 180 DAYS = 90 DAYSEXTENDED if SUSTAINED or AGGRAVATED ILLNESS or INJURY WHILE ON ACTIVE DUTY

  11. 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

  12. 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

  13. Higher Education • 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.

  14. Uniformed Services Employment and Reemployment Rights Act of 1994 Invaluable Partnerships ESGR • 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

  15. 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/

  16. DOL - 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/

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