HR's Role Employers should have a military leave policy, and HR practitioners should review how compensation and benefits rules apply to employees who are on military leave.
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OK Proceed. Your session has expired. Please log in as a SHRM member. Cancel Sign In. Please purchase a SHRM membership before saving bookmarks. OK Join. A at the rate the employee would have received but for the period of service described in subsection a 2 B , or. B in the case that the determination of such rate is not reasonably certain, on the basis of the employee's average rate of compensation during the month period immediately preceding such period or, if shorter, the period of employment immediately preceding such period.
The Secretary through the Veterans' Employment and Training Service shall provide assistance to any person with respect to the employment and reemployment rights and benefits to which such person is entitled under this chapter. In providing such assistance, the Secretary may request the assistance of existing Federal and State agencies engaged in similar or related activities and utilize the assistance of volunteers.
B in the case that the employer is a Federal executive agency, such employer or the Office of Personnel Management has failed or refused, or is about to fail or refuse, to comply with the provisions of this chapter, may file a complaint with the Secretary in accordance with subsection b , and the Secretary shall investigate such complaint. If the Secretary determines as a result of the investigation that the action alleged in such complaint occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the person or entity named in the complaint complies with the provisions of this chapter.
If the Attorney General is responsibly satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted and commence an action for relief under this chapter for such person.
In the case of such an action against a State as an employer , the action shall be brought in the name of the United States as the plaintiff in the action. A make a decision whether to appear on behalf of, and act as attorney for, the person on whose behalf the complaint is submitted; and. B has chosen not to request that the Secretary refer the complaint to the Attorney General under paragraph 1 ; or. C has been refused representation by the Attorney General with respect to the complaint under such paragraph.
B The court may require the employer to compensate the person for any loss of wages or benefits suffered by reason of such employer's failure to comply with the provisions of this chapter. C The court may require the employer to pay the person an amount equal to the amount referred to in subparagraph B as liquidated damages, if the court determines that the employer's failure to comply with the provisions of this chapter was willful.
B In the case of an action commenced in the name of the United States for which the relief includes compensation awarded under subparagraph B or C of paragraph 1 , such compensation shall be held in a special deposit account and shall be paid, on order of the Attorney General, directly to the person.
If the compensation is not paid to the person because of inability to do so within a period of 3 years, the compensation shall be converted into the Treasury of the United States as miscellaneous receipts.
Not later than 60 days after the date the Secretary receives such a request, the Secretary shall refer the complaint to the Office of Special Counsel established by section of title 5. B Not later than 60 days after the date the Special Counsel receives a referral under paragraph 1 , the Special Counsel shall—. A person who seeks a hearing or adjudication by submitting such a complaint under this paragraph may be represented at such hearing or adjudication in accordance with the rules of the Board.
Such petition and review shall be in accordance with the procedures set forth in section of title 5. The inspector general shall investigate and resolve the allegation pursuant to procedures prescribed by the head of the agency. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena.
Noncompliance of Federal officials with deadlines; inapplicability of statutes of limitations. A shall not affect the authority of the Attorney General or the Special Counsel to represent and file an action or submit a complaint on behalf of a person under section or of this title;. C shall not deprive a Federal court, the Merit Systems Protection Board, or a State court of jurisdiction over an action or complaint filed by the Attorney General, the Special Counsel, or a person under section or of this title; and.
D shall not constitute a defense, including a statute of limitations period, that any employer including a State, a private employer, or a Federal executive agency or the Office of Personnel Management may raise in an action filed by the Attorney General, the Special Counsel, or a person under section or of this title. Such regulations shall be consistent with the regulations pertaining to the States as employers and private employers, except that employees of the Federal Government may be given greater or additional rights.
A The number of cases for which the Secretary did not meet the requirements of section f of this title. B The number of cases for which the Secretary received a request for a referral under paragraph 1 of section a of this title but did not make such referral within the time period required by such paragraph.
The Secretary, the Secretary of Defense, and the Secretary of Veterans Affairs shall take such actions as such Secretaries determine are appropriate to inform persons entitled to rights and benefits under this chapter and employers of the rights, benefits, and obligations of such persons and such employers under this chapter.
The requirement for the provision of notice under this section may be met by the posting of the notice where employers customarily place notices for employees. You are here Home » Servicemembers and Veterans Initiative. Purposes; sense of Congress a The purposes of this chapter are— 1 to encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service; 2 to minimize the disruption to the lives of persons performing service in the uniformed services 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 3 to prohibit discrimination against persons because of their service in the uniformed services.
Relation to other law and plans or agreements a Nothing in this chapter shall supersede, nullify or diminish any Federal or State law including any local law or ordinance , contract, agreement, policy, plan, practice, or other matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter. For periods of up to 30 days of training or service, the employer can require the person to pay only the normal employee share, if any, of the cost of such coverage.
For longer tours, the employer is permitted to charge the person up to percent of the entire premium. USERRA gives an employee and previously covered dependents the right to immediate reinstatement of civilian health insurance coverage upon return to the civilian job.
The health plan cannot impose a waiting period and cannot exclude the returning employee based on preexisting conditions other than for those conditions determined by the Federal government to be service-connected. If an employer offers other non-seniority benefits e.
USERRA provides that, if the period of service was less than 91 days, the person is entitled to the job he or she would have attained absent the military service, provided the person is, or can become, qualified for that job. If unable to become qualified for a new job after reasonable efforts by the employer, the person is entitled to the job he or she left. For periods of service of 91 days or more, the employer may reemploy the returning employee as above i.
If a person has been gone from the civilian job for months or years, civilian job skills may have been dulled by a long period without use. A person must be or become qualified to do the job to have reemployment rights, but USERRA requires the employer to make "reasonable efforts" to qualify that person. If a person can't become qualified after reasonable efforts by the employer, and if not disabled, the person must be employed in any other position of lesser status and pay, which they are qualified to perform, with full seniority.
USERRA also requires the employer to make "reasonable efforts" to accommodate persons with a disability incurred or aggravated during military service. If a person returns from military service and is suffering from a disability that cannot be accommodated by reasonable employer efforts, the employer must reemploy the person in some other position they are qualified to perform and which is the "nearest approximation" of the position to which the person is otherwise entitled, in terms of status and pay, with full seniority.
For example, if a person breaks a leg during annual training, the employer may have an obligation to make reasonable efforts to accommodate the broken leg, or to place the person in another position, until the leg has healed.
Section a of USERRA says: "A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the uniformed services shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
The Service member may be required to pay the cost of this coverage. After returning to the job and being reemployed, the Service member has the right to be immediately reinstated in the employer-based health plan. There should be no waiting periods other than those required due to service-related illnesses or injuries. Therefore, an employer may not deny initial employment, reemployment, retention in employment, promotion, or any employment benefits based on an employee's military service.
This protection is provided for past and present members of the U. Uniformed Services, those who have applied for membership in the U. Uniformed Services, and those who are obligated to serve in the U.
The U. Typically, this is done by posting these rights in a public place within the workplace. Service members may also contact the Employer Support of the Guard and Reserve ESGR , a Department of Defense office created to assist in the resolution of conflicts arising from an employee's military commitment.
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