Special Feature: Do You
Know Your Rights Under USERRA?
The Uniformed
Services Employment and Reemployment Rights Act of 1994 ("USERRA")
protects individuals who have performed or who are performing service
in the uniformed services from discrimination in employment based
on their uniformed service. The law also provides employees certain
rights to reemployment and benefits upon the completion of duty.
Congressional and Legislative Branch employees are protected by
USERRA, as applied by Section 206 of the Congressional Accountability
Act (CAA) of 1995.
Protection under USERRA is provided to those
who are (or who have been) in the "uniformed services,"
which is defined very broadly by the law. This definition includes
active or reserve service in the Army, Air Force, Navy, Marine Corps,
and Coast Guard; service in the National Guard, Air Guard, and the
Public Health Service; as well as any other category designated
by the President during time of war.
USERRA prohibits an employer from denying initial
employment, reemployment, retention in employment, promotion, or
any benefit of employment to an eligible employee on the basis of
that individual's participation in the uniformed services. This
applies not only to an employee's current status in the uniformed
services, but also to past service and future obligations as well.
USERRA also provides reemployment rights for
an individual who is away from work for service in the uniformed
services. The definition of "service" is extensive, covering
virtually every type of duty. An eligible employee who performs
active duty (both voluntary and involuntary), active duty for training,
inactive duty training (weekend drills for Reservists), initial
active duty for training, full time National or Air Guard duty,
or who is absent for an examination to determine fitness for duty
(such as a physical) is entitled to reemployment upon his or her
return to the job (with certain stipulations).
The right to reemployment applies to absences
from the workplace of up to 5 years in length. The five year period
can either be all at once, or a sum total of all periods of active
duty service. Weekend drills and the mandatory two weeks of active
duty Guardsmen and Reservists must perform each year is not counted
against the five year limit. Certain other categories of service
are also exempted from this total.
Reemployment rights are contingent on the completion
of service under honorable conditions. Bad conduct discharges, a
court martial, being dropped from the rolls for an absence without
leave of more than three months, or any other form of less than
honorable discharge disqualify an individual for reemployment rights.
Here are some additional important notes about
USERRA and the protections it provides:
- To be eligible for reemployment, employees
who will be absent from work due to uniformed service obligations
must give advance notice of duty, unless notice is precluded by
military necessity. Notice can be given either orally or in writing.
- Reemployment rights require that an employee
report back to work in a timely fashion once service is completed.
The time allowed to report back to work depends on the length
of service.
- Employees who are absent for less than thirty
days are entitled to the same health benefits, at the same premium,
that they receive while normally employed. For absences of longer
than thirty days, employees continue to receive health benefits,
but can be required to pay the full cost of the coverage.
- Employers cannot require that an employee
apply for a "military leave of absence" when called
away on duty, nor can they require that the employee find his
or her own replacement.
- Employers cannot refuse to allow an employee
to attend scheduled drills or annual training.
- Employers are not required to continue to
pay an employee who is away from the job for uniformed service,
but can do so at their discretion.
This is by no means a complete description of
all the rights, protections, and requirements of USERRA as applied
to the Legislative Branch by the CAA. More detailed
information regarding USERRA is available on this web site,
or you may also contact
the Office of Compliance directly and speak with a counselor
for more information or answers to specific questions.
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