The Law States: A person who is in any manner connected to the armed forces shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of … p.usa-alert__text {margin-bottom:0!important;} Furthermore, while there is no time limit to file a USERRA appeal, the Board can enforce only those rights that existed under USERRA and its predecessor statute (the Vietnam Era Veterans' Readjustment Assistance Act of 1974) at the time the claim accrued. 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. Cir. 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. 181 days or more: The employee must apply for reemployment no later than 90 days after completion of military service. .h1 {font-family:'Merriweather';font-weight:700;} 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. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } .manual-search ul.usa-list li {max-width:100%;} 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. 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. 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. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} Before sharing sensitive information, make sure you’re on a federal government site. you ensure that your employer receives advance written or verbal notice of your service; you have five years or less of cumulative service in the uniformed services while with that particular employer; you return to work or apply for reemployment in a timely manner after conclusion of service; and. .cd-main-content p, blockquote {margin-bottom:1em;} 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.". If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, for representation. .homepage-blocks footer .news-button {display:none} VETS eventually referred the case to the Department of Justice, which reached a settlement with the City of Brockton that included more than $32,000 in back pay. Know Your USERRA Rights and Obligations During COVID-19 Crisis (pdf). Before sharing sensitive information, make sure you’re on a federal government site. An interactive online USERRA Advisor can be viewed at webapps.dol.gov/elaws/userra.htm. 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. 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. p.usa-alert__text {margin-bottom:0!important;} 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%;} ", 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;} 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%;} For example, you cannot be denied a promotion because you took an extended military absence or absences to attend military functions. When he eventually took the exam, he found others were promoted ahead of him even though he scored better. Since the September 11, 2001, terrorist attacks and the deployment of U.S. armed forces to Iraq and Afghanistan, VETS has provided USERRA information to more than one million individuals through briefings or individual technical assistance. Harrison's company settled the claim after a review. 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. 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