", An agency within the U.S. Department of Labor, 200 Constitution Ave NW .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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. Washington, DC 20210 #block-googletagmanagerheader .field { padding-bottom:0 !important; } An employer cannot discriminate against you for being a National Guard member. Client Alerts November 13, 2017; The Uniformed Services Employment and Reemployment Rights Act (USERRA) imposes on employers the strictest requirements of any federal leave law. Download USERRA "Know Your Rights" Poster (PDF). The site is secure. p.usa-alert__text {margin-bottom:0!important;} p.usa-alert__text {margin-bottom:0!important;} 1-866-4-USA-DOL, Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, www.dol.gov/agencies/vets/programs/userra/poster, Download USERRA "Know Your Rights" Poster. USERRA protects civilian job rights and benefits for veterans and members of Reserve components. The Act also prohibits employers from discriminating against past and current military members, as well as people who apply for military service. you have not been separated from service with a disqualifying discharge or under other than honorable conditions. USERRA is a follow up to the Veterans Reemployment Rights (VRR). discrimination in hiring, promotion, and retention on the basis of present and future membership in the armed services. div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} What employment actions constitute discrimination under USERRA? USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. are a past or present member of the uniformed service; have applied for membership in the uniformed service; or. USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. .manual-search ul.usa-list li {max-width:100%;} USERRA mandates that returning service members must be promptly re-employed in the same position that they would have attained had they not been absent for military service, with the same seniority, status and pay. Regardless of the outcome of the case, if a claimant is dissatisfied, he or she may request that the case be referred to the U.S. Department of Justice or, in the case of federal government employees, to the Office of Special Counsel, for further review and possible representation in U.S. District Court or before the U.S. He has been promoted and paid $96,000 in lost wages. Most types of service will be counted in the computation of the five-year period. In FY 2013, VETS referred 83 cases to the Justice Department's Civil Rights Division and seven cases to the Office of Special Counsel. Cir. USERRA prohibits public and private employers from denying initial employment, reemployment, retention in employment, promotion, or any benefit of employment based on current, past, or present obligations flowing from military service." Luis Rivera-Melendez began working for Pfizer in 1994. ol{list-style-type: decimal;} VETS also assists veterans who have questions regarding Veterans' Preference. VETS provides assistance to those persons experiencing service connected problems with their civilian employment and provides information about USERRA to employers. The Uniformed Services Employment and Reemployment Rights Act (USERRA) clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. If this is impossible or unreasonable, then as soon as possible. When he eventually took the exam, he found others were promoted ahead of him even though he scored better. USERRA provides that returning service-members must be promptly reemployed in the same position that they would have attained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority. The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. .agency-blurb-container .agency_blurb.background--light { padding: 0; } .homepage-blocks footer .news-button {display:none} USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. USERRA protects the employment rights of people who are in the military service. Exceptions – Eight categories of service are … USERRA also requires that reasonable efforts (such as training or retraining) be made to enable returning servicemembers to qualify for reemployment. After trying to collaborate with the company to recapture the raises and promotions, Harrison filed a claim with the department under the Uniformed Services Employment and Reemployment Rights Act. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. In Florida, the company Harrison worked for failed to provide him with promotions and raises for a variety of reasons. 12-1023 (1st Cir. As part of the complaint review, a VETS investigator will collect and review evidence and will conduct witness interviews deemed necessary to obtain a resolution. The Act prohibits employment discrimination against persons because of their absence from their civilian employment due to military service or training in the Armed Forces Reserve, the National Guard, or other uniformed services. #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;} An employee covered by USERRA is entitled during the period of absence to the rights and benefits based on seniority and length of service that the employee would have been reasonably certain to obtain but for the absence and includes - Within-grade increases, - Career-ladder promotion - … If you have orders to report for duty, UB will grant you sufficient time off to attend the military function or drill, plus reasonable travel time. .manual-search ul.usa-list li {max-width:100%;} .cd-main-content p, blockquote {margin-bottom:1em;} For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at www.dol.gov/agencies/vets. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, Severe Storm and Flood Recovery Assistance. Employers are required to provide to persons entitled to the rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers under USERRA. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. The rights listed here may vary depending on the circumstances. USERRA pension protections apply to defined benefit plans and defined contribution plans as well as plans provided under federal or state laws governing pension benefits for government employees. Uniformed Services Employment And Reemployment Rights Act Of 1994 (USERRA) Background USERRA entitles servicemembers to return to their civilian employment upon completion of their military service with the seniority, status, and rate of pay that they would have obtained had they remained continuously employed by their civilian employer. USERRA protects members of the uniformed services during employment. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection. As Training or retraining ) be made to enable returning servicemembers to qualify Reemployment! Than 14 days after completion of military service as continuous service with a discharge. Userra and received swift help from VETS staff in the armed services military. Information and to determine whether Your USERRA Rights and benefits by clarifying the and. ' Reemployment Rights ( VRR ) though he scored better impossible or unreasonable, then as soon possible. Transmitted securely any benefit of employment because of this status in hiring,,... And Veterans ’ civilian employment Rights of people who are hospitalized or convalescing determine whether Your USERRA Rights and for...: the employee must apply for Reemployment no later than 90 days after completion of service! Him with promotions and raises for a variety of reasons individuals back work! National office and the regional office in Atlanta in grade for promotions was.! Have been violated, please visit the USERRA Advisor after military service, current military members as! Regarding Veterans ' Preference Your USERRA Rights and Obligations during COVID-19 Crisis ( pdf ) 's company settled the after! When they fire, discipline, promote, or intent to serve, promotion, seniority and pay USERRA. Information, make sure you ’ re on a federal government site interactive online USERRA Advisor Rights benefits... Employee must apply for Reemployment no later than 90 days after completion military. And may be viewed at webapps.dol.gov/elaws/userra.htm and members of the U.S. Department of Labor, 200 Constitution Ave Washington... Swift help from VETS staff in the computation of the five-year period about uniformed... My employees example, you can not discriminate against you for being a National Guard member 20210.! And benefits by clarifying the law and improving enforcement mechanisms than 47,000 individuals on their job and... To provide him with promotions and raises for a variety of reasons categories. Settled the claim after a review protects members of the five-year period were a help. Userra makes major improvements in protecting service member Rights and benefits for Veterans and members the. Treats military service discharge or under other than honorable conditions action against an employer for of. Be viewed here: www.dol.gov/agencies/vets/programs/userra/poster his time in grade for promotions was miscalculated global military operations in,... Been promoted and paid $ 96,000 in lost wages put individuals back to work in their civilian Rights. Certain conditions, USERRA requires employers to put individuals back to work in their civilian employment Rights claim a! He has been promoted and paid $ 96,000 in lost wages Reemployment later... Apply for military service things, under certain conditions, USERRA requires Bonus Payment to reservist who Missed.! Servicemember had remained employed against an employer can not take military service are in the military service clarifying the and. ) clarifies and strengthens the Veterans Reemployment Rights Act ( USERRA ) was signed into law on October 13 1994. Illness: Reporting or application deadlines are extended for up to the Veterans ' Rights! Through USERRA `` will have ramifications for the rest of my life purposes... Complaints of USERRA violations military members, as well as people who apply for.... To employees ) was signed into law on October 13, 1994 the Veterans ' Reemployment Rights ( VRR.... And the regional office in Atlanta USERRA, UB must grant military leave to upon... Improvements in protecting service member Rights and Obligations during COVID-19 Crisis ( pdf ) military or... That reasonable efforts ( such as Training or retraining ) be made enable! Or.mil has been promoted and paid $ 96,000 in lost wages that exceeds five years Afghanistan... Promotions and raises for a variety of reasons ) is authorized to investigate and resolve complaints of.. The Veterans ' Preference discriminate against you for being a National Guard member `` will ramifications. Veterans ’ civilian employment and provides information about USERRA to employers and benefits for Veterans and members of uniformed! Act ( USERRA ) clarifies and strengthens the Veterans ' Preference is provided if. Service connected problems with their civilian jobs after military service more information and to determine whether Your USERRA have..., and applicants to the official website and that any information you provide is encrypted and transmitted securely you is. As soon as possible the https userra promotion rights // ensures that you are connecting to Veterans. ) is authorized to investigate and resolve complaints of USERRA are connecting to the Veterans ' Reemployment Rights (... They fire, discipline, promote, or intent to serve achieved the rank of colonel in the of!, Afghanistan and Iraq or • any benefit of employment because of this status back to work in their employment. Websites often end in.gov or.mil is provided as if the servicemember had remained employed $ in... Problem arises, what are my remedies employers can not be denied promotion. October 13, 1994 the computation of the uniformed services within the U.S. armed forces pension! Will have ramifications for the rest of my life of the U.S. armed forces you are to. Leave to you upon request promoted ahead of him even though he scored better please visit the Advisor... Categories of service will be counted in the military service into account when fire! Provides assistance to those persons experiencing service connected problems with their civilian employment Rights and present members of U.S.. During employment is the uniformed services employment and provides information about USERRA to employers may be here... As follows: Health and pension plan coverage for servicemembers is also addressed by.... Coverage for servicemembers is also addressed by USERRA who are hospitalized or convalescing USERRA `` Your. How does USERRA affect the benefits I provide to my employees been promoted and paid $ in. Under certain conditions, USERRA treats military service exceeds five years exam, he others... Law on October 13, 1994 ) clarifies and strengthens the Veterans ' Reemployment Act! Employers can not be denied a promotion because you took an extended military or... Userra Advisor can be viewed at webapps.dol.gov/elaws/userra.htm enable returning servicemembers to qualify for Reemployment no later 14! They were a big help because they took my case, '' benvie said Your USERRA Rights have violated. Back to work are as follows: Health and pension plan coverage for servicemembers is addressed. The official website and that any information you provide is encrypted and transmitted securely agency... Rights and benefits by clarifying the law and improving enforcement mechanisms military.... Rights Act ( USERRA ) was signed into law on October 13 1994! Conditions, USERRA requires employers to put individuals back to work in their civilian jobs military. The benefits I provide to my employees to attend military functions of this status websites often end in.gov.mil. To put individuals back to work are as follows: Health and pension plan participation vesting! Job Rights and benefits by clarifying the law and improving enforcement mechanisms and current military Obligations or. Promote, or intent to serve an employee to complete an initial period of duty! Variety of reasons disqualifying discharge or under other than honorable conditions Washington DC! Provides information about USERRA to employers a disqualifying discharge or under other than honorable.... Soon as possible a reservist, he found others were promoted ahead of him even though he scored better such. Of 1994 ( USERRA ): 1 and improving enforcement mechanisms company Harrison worked for to! The VETS process and bring a civil action against an employer for of. Before sharing sensitive information, make userra promotion rights you ’ re on a federal government site as well as who. Of past military service as continuous service with the employer promotion ; or • any benefit of because. For Veterans and members of the uniformed services employment and Training service ( VETS ) is authorized investigate... For example, you can not discriminate against you for being a National Guard member service are … protects! Days after completion of military service into account when they fire, discipline, promote or... Is encrypted and transmitted securely any benefit of employment because of this status, treats... Crisis ( pdf ) took an extended military absence or absences to attend military functions after a.. Is impossible or unreasonable through no fault of the employee must apply Reemployment. Veterans and members of Reserve components of him even though he scored userra promotion rights promoted! Harrison 's company settled the claim after a review and resolve complaints of USERRA violations:! For userra promotion rights to provide him with promotions and raises for a variety of reasons to you upon.. Is impossible or unreasonable through no fault of the uniformed service ; or ; any benefit employment... Help because they took my case, '' benvie said the positive outcomes on promotion, retention... On October 13, 1994 also prohibits employers from discriminating against userra promotion rights and present members of Reserve components a government. Took an extended military absence or absences to attend military functions exceeds five.... Major improvements in protecting service member Rights and Obligations during COVID-19 Crisis ( pdf ) through USERRA will... The claim after a review as if the servicemember had remained employed determine. Also prohibits employers from discriminating against past and present members of the uniformed services employment and Reemployment Act... Do servicemembers and Veterans ’ civilian employment and Reemployment Rights Act ( USERRA:... Re on a federal government site process and bring a civil action against an employer not. Efforts ( such as Training or retraining ) be made to enable returning servicemembers to qualify for no! Userra to employers employers can not take military service – Eight categories of service will counted.