Rights and responsibilities EMPLOYMENT RIGHTS BASIC PROTECTION The Uniformed Services Employment and Reemployment Rights Act, or USERRA, applies to all employers, regardless of size, including U.S.-controlled or U.S.-owned companies overseas. Basic protections under the law include: ♦ Employers may not deny employment, reemployment, retention in employment, promotion or any other benefit of employment because of past or present membership in the armed forces or intent to join the military. This applies to active and reserve service, whether voluntary or involuntary.
Download Ebook Harry Potter Bahasa Indonesia Lengkap In English. Employers must grant time off for military duty. Upon completion of military service, reservists must be given their civilian jobs back, provided that they meet the basic eligibility criteria of the reemployment rights law.
MILITARY FAMILY LEAVE. WAGE AND HOUR DIVISION. UNITED STATES DEPARTMENT OF LABOR. The Employee's Guide to. Under the Family and Medical Leave Act.
Upon re-employment, reservists generally are entitled to the seniority status and pay rate they would have attained had they not been absent. ♦ Employers must make “reasonable efforts” to train or retrain returning employees and accommodate any disabilities incurred or aggravated during military service. ♦ National Committee for Employer Support of the Guard and Reserve. This Defense Department agency develops and promotes a culture in which all U.S.
Employers support and value the military service of their employees by advocating relevant initiatives, recognizing outstanding support, increasing awareness of the law and resolving conflict between employers and service members. ESGR relies on over 4,700 volunteers nationwide to help answer questions and refer troops to resources that can help them in all 50 states, the District of Columbia and U.S. The volunteer network has hundreds of ombudsmen trained to mediate employment issues.
Contact: 800-336-4590;;;. ENFORCEMENT USERRA has enforcement provisions. Monetary remedies usually are limited to what a reservist lost in seniority pay or status. The law also allows for reimbursement of attorney fees and other litigation costs to successful parties. Disputes between reservists and employers are mediated by various agencies. They include: ♦ Veterans Employment Training Service. Disputes that cannot be resolved by informal mediation may be investigated by the Department of Labor’s Veterans Employment Training Service.
VETS provides several ways for reservists to begin the process of investigation. For example, the e-VETS Resource Advisor is an online program designed to help service members understand their rights and responsibilities and to learn whether a dispute warrants an official claim and investigation. To learn more, contact.
VETS also has developed an Internet-based system that allows USERRA claimants to officially submit a claim via the VETS website using an electronic version of Form 1010 (E1010). VETS staff members are available to provide technical assistance before filing an official claim. These can be accessed. During an investigation, VETS has access to all necessary records and documents of both employers and employees, the right to interview all parties involved, the right to subpoena witnesses and the right to apply to any U.S. District Court when noncompliance issues arise.
For more information, visit or call 202-693-4700. ♦ Office of Special Counsel. Federal employer cases are referred to the Office of Special Counsel. If satisfied that the claim has merit, this office may represent the claimant before the federal Merit Systems Protection Board. Alternatively, federal employees have the option of appealing directly to the Merit Systems Protection Board or with a private attorney. Nonfederal cases are referred to the Department of Justice for consideration of representation in U.S.
District Court. Claimants may proceed on their own or with a private attorney. HEALTH INSURANCE Reinstatement of health insurance after returning from military service is automatic. Moreover, employers must keep health insurance in place for employees who are serving in the reserves for less than 31 days. Reservists pay normal employee costs, if any, for this coverage.
Upon request, employers must provide continuation of health insurance to reservist employees serving longer than 30 days. This extended coverage continues for 24 months after the absence begins, until the date the person returns to work or until the deadline for applying for reemployment, whichever is sooner. Reservist employees who elect continued coverage for 31 days or more may be required to pay up to 102 percent of the premium. Reservists returning to civilian jobs after their service have the right to resume health care coverage immediately, with no waiting period or exclusions for pre-existing conditions, except for conditions determined by the secretary of veterans affairs to be service-connected.