News Release

VETS News Release: [9/20/2004]
Contact Name: Mike Biddle
Phone Number: (202) 693-5051

Labor Department to Post Draft Regulations for Law that Safeguards Guard and Reserve Members' Jobs and Benefits

60-day Window Set to Elicit Public Comments

WASHINGTON — The U.S. Department of Labor (DOL) today announced that it has published draft regulations in the Federal Register that interpret the Uniformed Services Employment and Reemployment Act of 1994 (USERRA). Congress passed USERRA to safeguard the employment rights and benefits of service members upon their return to civilian life.

"This is a major step in ensuring that the brave men and women who are risking their lives to preserve freedom and democracy have their jobs and benefits protected when they return home," said Secretary of Labor Elaine L. Chao. "These regulations will spell out the rights of our returning service men and women and the responsibilities of employers to honor their service. This Administration will back up these first-time ever USERRA regulations with aggressive outreach and enforcement."

This action by the Department represents the first time regulations have been developed to help enforce USERRA since passage of the law in 1994. It is the latest in a series of proactive steps the department has taken to ensure job security for the largest group of mobilized National Guard and Reserve service members since World War II.

To date, more than 420,000 citizen-soldiers have been mobilized since 9/11. This number includes more than 260,000 of those service members who have been demobilized after generally serving for longer tours of duty than occurred during the last comparable conflict, Operation Desert Storm. Despite these longer tours, the rate of complaints has decreased by almost 30 percent from 1 for every 54 demobilized service members after Desert Storm to one in 76 in the War on Terrorism.

The regulations interpreting USERRA have been drafted in plain language, and are set forth in an easy-to-read question and answer format. The regulations explain how USERRA protects against discrimination and retaliation because of military service. It also prevents service members from suffering disadvantages due to performance of their military obligations and affords them ample time to report back to their jobs following completion of their service obligations. Most significantly, service members can be assured that the Department of Labor stands ready to render assistance when employment concerns arise.

In addition to the regulations, Secretary Chao and the DOL's Veterans' Employment and Training Services (VETS) have taken other steps to reduce the rate of USERRA complaints including:

• Providing briefings to more than 158,000 service members and others on USERRA;
• Responding to almost 26,000 requests for technical assistance;
• Distributing more than 240 televised Public Service Announcements, with a second announcement to be released shortly; and
• Addressing most of the major human resource and employer organizations.

To find out more about USERRA, visit the Department of Labor website at www.dol.gov/vets or call 1-866-4-USA-DOL.

# # #

_________________________________________________________________