24 months (beginning from the date the Employee leaves work due to military leave); or b. An agency within the U.S. Department of Labor, 200 Constitution Ave NW Service members may face life-threatening situations abroad and when they return home the transition back to civilian life can be difficult. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides employment protections to military veterans and reservists. There are several basic requirements that a servicemember must meet before the employer can be required to reemploy the servicemember. USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. 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. ... reasonable efforts to accommodate an employee's disability so that the employee can be reemployed consistent with the requirements under USERRA … An official website of the United States government. ol{list-style-type: decimal;} You return to work or apply for reemployment in a timely manner after returning form your service; You have not been separated from the military with less than an honorable discharge or other non-qualifying condition; Your time away from work is less than five years USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. ... you must reemploy the employee. For more information about U.S. Department of Labor employment and training programs for veterans, contact the Veterans' Employment and Training Service office: This is one of a series of fact sheets highlighting U.S. Department of Labor programs. .cd-main-content p, blockquote {margin-bottom:1em;} 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). USERRA also generally requires covered employers to provide eligible employees with up to five years of unpaid leave for uniformed service during the life of their employment. Under USERRA, an … #block-googletagmanagerheader .field { padding-bottom:0 !important; } Generally, yes. The Court found the City’s practice violated the law: “USERRA provides that an employee who is absent from work to perform military service is generally ‘deemed to be on furlough or leave of absence while performing such service’ and is ‘entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar … 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. The maximum period of continuation coverage for health care under USERRA is the lesser of: a. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after 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. For members of the military being called to duty or being deployed can be hard on families, friends, and the individual who is serving. /*-->*/. .manual-search ul.usa-list li {max-width:100%;} It also protects military members during the application process and preserves their employer based health care rights. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. USERRA protects civilian job rights and benefits for veterans and members of Reserve components. ... (his planned return to work date) through October 22, when the alternative position was offered (if truly an equivalent position). #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;} In accordance with USERRA, an employer must reemploy Service members returning from service in the Uniformed Service ‘promptly’. If you think your job rights have been violated while performing military service do some research on USERRA and contact a local attorney to ensure you are treated fairly and your rights are fully protected. 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. 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. p.usa-alert__text {margin-bottom:0!important;} .manual-search ul.usa-list li {max-width:100%;} For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} 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. Washington, DC 20210 you return to work or apply for reemployment in a timely manner after conclusion of service; and you have not been separated from service with a disqualifying ... USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. Members must be treated like they have been working under the WRS for the entire time of their military service , up to five years. .homepage-news-block > .news-button {display:none;} For service of more than 30 days but less than 181 days, the service member must submit an application for reemployment within 14 days of release from service. Philadelphia: 215-618-9185, Please enable JavaScript in your browser to complete this form.Name *Email *Phone *Message *PhoneSubmit, You give your employer advanced notice of your service, You return to work or apply for reemployment in a timely manner after returning form your service, You have not been separated from the military with less than an honorable discharge or other non-qualifying condition, Your time away from work is less than five years, While away from your job and performing military service you and your covered dependents are entitled to continue your employer based health care coverage for up to 24 months, If you do not elect to continue your employer based health coverage you are entitled to have it reinstated upon your return. What are the guidelines USERRA provides for the employee to return to work after completion of military service? USERRA clarifies pension plan coverage by making explicit that all pension plans are protected. Is an application for reemployment required to be in any particular form? It allows for the service member to return to his previous job without fear of discrimination or retaliation. If the person has more than 30 days of service, they may elect to continue your employer-sponsored coverage for up to … 10After a period of training or service lasting fewer than 31 continuous days, you must report back to work at the start of the first regularly scheduled work period on the first calendar day after release from the period of service, the time reasonably required for safe transportation from the place of service to your residence, and the expiration of eight hours (for rest) after you arrive at your residence. .agency-blurb-container .agency_blurb.background--light { padding: 0; } 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. The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site. The last thing that a service member should have to worry about upon returning home is losing his/her job. The employee must also provide adequate documentation showing eligibility to return to work. The employee applies for reemployment or returns to work on a timely basis.For example, if the employee’s service is between 31 and 181 days, he or she must apply for … Title 20, Code of Federal Regulations (C.F.R.) .h1 {font-family:'Merriweather';font-weight:700;} The USERRA law protects employees who must take leave for military service. .manual-search-block #edit-actions--2 {order:2;} That is where the Uniformed Services Employment and Reemployment Rights Act (USERRA) comes into play. USERRA entitles most returning service members to reemployment after a period of 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. [CDATA[/* >