USERRA is a federal law that protects the employment rights of military members who are called upon to leave their civilian jobs in service to the country. Under USERRA, Service members have reemployment rights with any single employer for up to 5-cumulative years. 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. USERRA’s “escalator principle” is unique among employee leave protections. Q16. What are the guidelines USERRA provides for the employee to return to work after completion of military service? 1002.181 states that ‘prompt’ typically means within two weeks of the employee’s application to return to work, unless unusual circumstances exist. Health and pension plan coverage for service members is provided for by USERRA. Subject to the terms and conditions set forth below, any person whose absence from a position of employment with the University is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this Policy in accordance with the following terms and conditions: Such person (or an appropriate officer of the uniformed service in which such service is performed) must provide advance written or oral notice of se… After service of 181 days or more, the employee must submit an Members must be treated like they have been working under the WRS for the entire time of their military service , up to five years. ... (his planned return to work date) through October 22, when the alternative position was offered (if truly an equivalent position). Returning from military deployment. .usa-footer .grid-container {padding-left: 30px!important;} 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. Generally, yes. Federal government websites often end in .gov or .mil. USERRA Requirements. For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service. You cannot fire the returned service member, unless there is … 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. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a federal law giving rights to uniformed service members coming back to work for the same WRS employer. Is an application for reemployment required to be in any particular form? The term 'reasonable efforts', in the case of actions required of an employer under this chapter, means actions, including training provided by an employer, that do … 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. Federal and Postal Service employees may have their claims referred to the Office of Special Counsel for consideration of representation before the Merit Systems Protection Board (MSPB). .h1 {font-family:'Merriweather';font-weight:700;} .manual-search ul.usa-list li {max-width:100%;} However, USERRA provides certain exceptions to … An employee should provide notice as far in advance as is reasonable under the circumstances. The USERRA law protects employees who must take leave for military service. .manual-search-block #edit-actions--2 {order:2;} These include requirements that employers restore employees to work following certain military leaves. Being deployed on military service can be difficult enough. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The Uniformed Services Employment and Reemployment Rights Act (USERRA) clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. An official website of the United States government. 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. In accordance with USERRA, an employer must reemploy Service members returning from service in the Uniformed Service ‘promptly’. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. USERRA entitles most returning service members to reemployment after a period of service. The last thing that a service member should have to worry about upon returning home is losing his/her job. Service member employees of intelligence agencies are provided similar assistance through the agency's Inspector General. Subject to several exceptions, employees covered by USERRA must also have fewer than five years of cumulative uniformed military service while with that employer; must return to work or apply for reemployment within a timely manner after the conclusion of their service; and must not have been separated from service with a disqualifying discharge or under conditions other than honorable. If an employee meets the first two requirements for reemployment (i.e., he has provided advance notice and has five years or less cumulative service), the employee is required to return to work or apply for reemployment upon the conclusion of service, depending upon the length of time the employee was absent from work. Fitness for duty or other required examination. USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. The USERRA military leave policy entitles the service member to the position. USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual's service as long as the basic eligibility criteria are met. 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. [CDATA[/* >