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USERRA Requires Bonus Payment to Reservist Who Missed Training. The Act also prohibits employers from discriminating against past and current military members, as well as people who apply for military service. He has been promoted and paid $96,000 in lost wages. Download USERRA "Know Your Rights" Poster (PDF). 1-866-4-USA-DOL, Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, www.dol.gov/agencies/vets/programs/userra/poster, Download USERRA "Know Your Rights" Poster. The rights listed here may vary depending on the circumstances. In a recent opinion, the First Circuit recognized that the Uniformed Services Employment and Reemployment Rights Act’s (USERRA) escalator principle applies when a promotion is discretionary. 181 days or more: The employee must apply for reemployment no later than 90 days after completion of military service. USERRA also provides that while an individual is performing military service, he or she is deemed to be on a furlough or leave of absence and is entitled to the non-seniority rights accorded other similarly-situated individuals on non-military leaves of absence. Benvie filed complaints under USERRA and received swift help from VETS staff in the national office and the regional office in Atlanta. What remedies does USERRA offer my employees? .agency-blurb-container .agency_blurb.background--light { padding: 0; } USERRA protects civilian job rights and benefits for veterans and members of Reserve components. .manual-search ul.usa-list li {max-width:100%;} .table thead th {background-color:#f1f1f1;color:#222;} .manual-search-block #edit-actions--2 {order:2;} .manual-search ul.usa-list li {max-width:100%;} are a past or present member of the uniformed service; have applied for membership in the uniformed service; or. In addition, an employer must not retaliate against a person because of an action taken to enforce or exercise any USERRA right or for assisting in an USERRA investigation. For more information and to determine whether your USERRA rights have been violated, please visit the USERRA Advisor. Luis Rivera-Melendez began working for Pfizer in 1994. Health Insurance Protection The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that 31 to 180 days: The employee must apply for reemployment no later than 14 days after completion of military service. Federal government websites often end in .gov or .mil. USERRA also allows an employee to complete an initial period of active duty that exceeds five years. Cir. Less than 31 days service: By the beginning of the first regularly scheduled work period after the end of the calendar day of duty, plus time required to return home safely and an eight hour rest period. .manual-search-block #edit-actions--2 {order:2;} An investigator from the department's Veterans' Employment and Training Service collects and reviews evidence and conducts witness interviews in order to obtain a resolution. Fernandez v. Department of the Army , 234 F.3d 553 , 556-57 (Fed. USERRA is a follow up to the Veterans Reemployment Rights (VRR). How does USERRA affect the benefits I provide to my employees? you have not been separated from service with a disqualifying discharge or under other than honorable conditions. USERRA also requires that reasonable efforts (such as training or retraining) be made to enable returning servicemembers to qualify for reemployment. "They were a big help because they took my case," Benvie said. An agency within the U.S. Department of Labor, 200 Constitution Ave NW You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA. 4301-4335 from employment discrimination on the basis of their uniformed service, and provides for their prompt restoration to civilian employment when they return to civilian life. Employers are required to provide to persons entitled to the rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers under USERRA. 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