Purpose: to encourage merchant mariner service onboard sealift ships in support of maritime mobilization needs of the United States while eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; to minimize the disruption to the lives of merchant seamen performing service for the United States as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and to prohibit discrimination against persons because of their service in the U.S. merchant marine.

Reemployment Benefit:

U.S. merchant seamen who voluntarily leave their existing employment for employment on a vessel supporting the sealift needs of the United States during a war, armed conflict, national emergency or maritime mobilization need are entitled to receive reemployment rights similar to military reservists. This benefit does not apply to commercially employed mariners or civil service mariners who are employed and serving on U.S.-flag vessels, but is intended to protect those qualified mariners who are no longer sailing but who volunteer to temporarily leave permanent employment in shoreside positions to serve on sealift vessels in a national crisis.

Reemployment Rights Criteria:

The Maritime Administration under authority delegated by the Secretary of Transportation certifies that the merchant seaman was employed in the activation or operation of a vessel -

1. That is in the National Defense Reserve Fleet (NDRF) including the Ready Reserve

Force (RRF), when in use or being activated for use at the request of Secretary of Defense; or

2. That is requisitioned by the Secretary of Transportation during any national emergency declared by proclamation of the President; or
3. That is owned, chartered or controlled by the U.S. for a war, armed conflict, national emergency or maritime mobilization need (including testing for readiness performance); and
4. During the period of that employment, the merchant seaman possesses a valid license, certificate of registry or merchant mariner’s document issued by the US Coast Guard.

Maritime Administration Certification:

If a U.S. seaman meets the above criteria, the individual may submit an application for certification of reemployment rights within 45 days after completion of service. The individual must submit relevant documentation to:

                    Maritime Administration

Office of Sealift Support

                    MAR 630, Room 7304

                    400 7^th Street, SW

Washington, DC 20590

Documentation must include certificate(s) of discharge or letter certifying service from the Master of the sealift vessels or authorized representatives of government contracted ship managers, copies of relevant U.S. Coast Guard license and/or Merchant Mariner’s Document (MMD) and a letter of request for certification. MARAD will issue or deny certification not later than 20 days after receipt of request from the merchant seaman.

Notifications to Employer:

Prior to volunteer service, the individual must give advance written or verbal notice of above applicable employment as a merchant seaman to the person's employer. After service, the mariner must submit an application to their previous employer for reemployment not later than 14 days after completion of service that is less than 181 days, or not later than 90 days after completion of service greater than 181 days.

Enforcement:

MARAD shall provide administrative assistance to merchant seamen volunteers who are certified for reemployment per the above instructions and have been refused reemployment. The seaman must provide a complaint in writing to the MARAD address above describing the allegations of failure, refusal, or imminent failure or refusal of an employer to grant reemployment rights. MARAD will communicate with the individual and the employer to attempt to resolve the complaint without litigation. If attempts to resolve the complaint are unsuccessful MARAD may seek advice of the Department of Labor. If the complainant requests, MARAD will refer to the Attorney General a complaint relating to a private or State employer, or to the Merit Systems Protection Board for litigation, a complaint relating to a Federal executive agency employer.

If there are questions you may contact Captain Rod McFadden at the Maritime Administration on 202-366-2647 or E-mail: rod.mcfadden@marad.dot.gov

January 24, 2003