Uniformed Services Employment and Reemployment Rights ACT OF 1994 Element 19
Who am I? Currently Stationed at MidAtlantic Regional Maintenance Center (MARMC) An Army Brat w/ 20 years of naval service Home of Record is Montana Single mother of one awesome son Future Transitioning Service Member (TSM)
What is USERRA? Minimizes the disadvantages to a veteran that can occur when that they need to be absent from civilian employment in order to serve in the uniformed services. Reemployment protection that does not depend on the timing, frequency, duration, or nature of an individual’s service. Benefits include the ‘Escalator’ principle and additional training. Protects from reemployment discrimination.
Who is eligible for userra? Active Duty, First-Term Guard and Reserve members who meet the following basic eligibility requirements: Advance notice Timely reapplication (90 days for EOS) Initial obligation/ duration of service Character of service
How does userra work? Service members(SM) must provide advance written or verbal notice to their employers for all military duty if reasonable. Utilize the following timeline: <30 Days- SM must return at the beginning of the next regularly scheduled work period. >30 but <180 Days- SM must apply for reemployment with 14 days of release from service (RFS) >180 Days- Application must be submitted w/in 90 day or RFS.
Where can you get more information on userra? Department of Labor: www.dol.gov/vets/programs/userra/index.aspx www.benefits.va.gov/guardreserve Employer Support of the Guard and Reserve: http://esgr.mil
Scenarios utilizing userra? An E-5 sailor in the SELRES gets mobilized for over 180 days resulting in his company hiring additional personnel in his absence. A service member who had quit their civilian employment in order to affiliate with the military later retires and wants to reclaim that previous occupation.
Summary USERRA protects SM’s civilian employment rights. SM are require to give timely notice. If all else fails, GOOGLE ‘DOL USERRA’ for more information.