.usa-footer .grid-container {padding-left: 30px!important;} Individuals who believe their employment or reemployment rights under USERRA have been violated may file a complaint with VETS online or by submitting a signed complaint form. The law also protects individuals from discrimination in hiring, promotion, and retention on the basis of present and future membership in the armed services. USERRA reemployment rights apply if the cumulative length of service that causes a person’s absences from a position does not exceed five years. In a recent opinion, the First Circuit recognized that the Uniformed Services Employment and Reemployment Rights Act’s (USERRA) escalator principle applies when a promotion is discretionary. An interactive online USERRA Advisor can be viewed at webapps.dol.gov/elaws/userra.htm. Before sharing sensitive information, make sure you’re on a federal government site. 181 days or more: The employee must apply for reemployment no later than 90 days after completion of military service. 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. The person must have reported back to the civilian job in a timely manner or have submitted a timely application for reemployment, unless timely reporting back or application was impossible or unreasonable. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} To qualify for USERRA’s reemployment rights, a servicemember must meet the following eligibility criteria: • The servicemember must have left a civilian job; .cd-main-content p, blockquote {margin-bottom:1em;} /*-->*/. VETS Assists Police Officer with USERRA. "They were a big help because they took my case," Benvie said. This notice was prepared by VETS, and may be viewed here: www.dol.gov/agencies/vets/programs/userra/poster. Sept. 20, 2013). Benvie said the positive outcomes on promotion, seniority and pay through USERRA "will have ramifications for the rest of my life. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. Harrison said, "The Department of Labor was able to advocate on my behalf and get results I could not get on my own.". ol{list-style-type: decimal;} In addition, an employer must not retaliate against a person because of an action taken to enforce or exercise any USERRA right or for assisting in an USERRA investigation. .homepage-blocks footer .news-button {display:none} 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. Harrison's company settled the claim after a review. For military service of less than 31 days, health care coverage is provided as if the servicemember had remained employed. The site is secure. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} If this is impossible or unreasonable through no fault of the employee, then as soon as possible. If an opportunity for promotion, or eligibility for promotion, that the employee missed during service is based on a skills test or examination, then the employer should give him or her a reasonable amount of time to adjust to the employment position and then give a skills test or examination. An employer cannot discriminate against you for being a National Guard member. Federal and state laws provide strong employment rights to current and former members of the Armed Forces, including the federal Uniformed Services Employment & Reemployment Rights Act (USERRA) and veteran’s preference laws that benefit veterans who apply for jobs and promotions in federal and state government. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Fernandez v. Department of the Army , 234 F.3d 553 , 556-57 (Fed. The site is secure. If this is impossible or unreasonable, then as soon as possible. .table thead th {background-color:#f1f1f1;color:#222;} .h1 {font-family:'Merriweather';font-weight:700;} Service-connected injury or illness: Reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing. Law enforcement officer Brian Benvie received a promotion, retroactive seniority and back pay through his claims filed with the Veterans' Employment and Training Service under the Uniformed Services Employment and Reemployment Act. For example, you cannot be denied a promotion because you took an extended military absence or absences to attend military functions. USERRA protects civilian job rights and benefits for veterans and members of the active and Reserve components of the U.S. armed forces. REEMPLOYMENT RIGHTS ACT OF 1994. .table thead th {background-color:#f1f1f1;color:#222;} Since 1940, there has been a … In FY 2013, VETS referred 83 cases to the Justice Department's Civil Rights Division and seven cases to the Office of Special Counsel. 12-1023 (1st Cir. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Federal government websites often end in .gov or .mil. [CDATA[/* >