ML22255A033
| ML22255A033 | |
| Person / Time | |
|---|---|
| Issue date: | 09/12/2022 |
| From: | NRC/SBCR |
| To: | |
| Erin Deeds | |
| References | |
| Download: ML22255A033 (1) | |
Text
YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.
REEMPLOYMENT RIGHTS HEALTH INSURANCE PROTECTION You have the right to be reemployed in your civilian job if If you leave your job to perform military service, you you leave that job to perform service in the uniformed have the right to elect to continue your existing service and:
employer-based health plan coverage for you and your you ensure that your employer receives advance written dependents for up to 24 months while in the military.
or verbal notice of your service; Even if you dont elect to continue coverage during your you have five years or less of cumulative service in the military service, you have the right to be reinstated in uniformed services while with that particular employer; your employers health plan when you are reemployed, you return to work or apply for reemployment in a timely generally without any waiting periods or exclusions (e.g.,
manner after conclusion of service; and pre-existing condition exclusions) except for service-you have not been separated from service with a connected illnesses or injuries.
disqualifying discharge or under other than honorable conditions. ENFORCEMENT If you are eligible to be reemployed, you must be restored to The U.S. Department of Labor, Veterans Employment the job and benefits you would have attained if you had not and Training Service (VETS) is authorized to investigate been absent due to military service or, in some cases, a and resolve complaints of USERRA violations.
comparable job. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-RIGHT TO BE FREE FROM DISCRIMINATION AND DOL or visit its website at http://www.dol.gov/vets. An RETALIATION interactive online USERRA Advisor can be viewed at https://webapps.dol.gov/elaws/vets/userra/.
If you: If you file a complaint with VETS and VETS is unable to are a past or present member of the uniformed service; resolve it, you may request that your case be referred to have applied for membership in the uniformed service; or the Department of Justice or the Office of Special are obligated to serve in the uniformed service; Counsel, as applicable, for representation.
You may also bypass the VETS process and bring a civil then an employer may not deny you: action against an employer for violations of USERRA.
initial employment; reemployment; The rights listed here may vary depending on the retention in employment; circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address:
promotion; or http://www.dol.gov/vets/programs/userra/poster.htm.
any benefit of employment Federal law requires employers to notify employees of their because of this status. rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they In addition, an employer may not retaliate against anyone customarily place notices for employees.
assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.
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 DOL VETS USERRA USERRA WEBSITE ADVISOR POSTER proceeding under USERRA, even if that person has no service connection.
U.S. Department of Labor 1-866-487-2365 PHONE: 301-415-7380 EMAIL: EEOPrograms.Resource@nrc.gov