Uniformed Services Employment and Reemployment Rights Act USERRA
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Uniformed Services Employment and Reemployment Rights Act USERRA Doreen Owens Director (Nevada State)/Federal Investigator Veterans’ Employment & Training Service (VETS) U. S. Department of Labor, Nevada
Purpose of USERRA protects civilian job rights and benefits for veterans and members of Reserve components. 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. Act of 1994 (USERRA 38 U. S. C. 4301 -4335) 2
USERRA vs Other Laws, Rules, etc. USERRA supersedes any state or local law, contract, agreement, policy, plan, practice, or any other matter that reduces, limits, or eliminates in any manner any right or benefit provided by USERRA. 3
Basic USERRA Protections n Reemployment Rights n Discrimination Prohibited n n Initial Hiring n Promotion n Retention in employment Employment benefits n Seniority Benefits n Health Benefit 4
Employer Responsibilities n n n Excused for duty Prompt Reinstatement Reemploy in proper position n Seniority n Pay n Pension n Health and other Benefits n Status No arbitrary dismissalNo retaliation Training or retraining 5
Service Member Responsibilities n n Provide notice of military service Serve honorably Make a timely return to work Service does not exceed 5 years 6
Additional Services n n n Resources at American Job Centers (AJC) to support Veterans’ Priority of service at AJC locations for Veterans’ Homeless Veterans’ Reintegration Program: US DOL competitive grant, focused on placing homeless Veterans into jobs and meaningful employment. Apply under Grants. gov, Solicitation for Grant Applications (ID – Nez Perce tribe received one of these grants) 7
Resources Available n Employer Support of the Guard and Reserve n n USERRA elaws Advisor n n www. esgr. com – 1 -800 -336 -4590 www. dol. gov/elaws/userra. htm VETS Website – www. dol. gov/vets n Directory of VETS’ offices http: //www. dol. gov/vets/aboutvets/contacts/San. Francisco. htm 8
