.dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} The Act also prohibits employers from discriminating against past and current military members, as well as people who apply for military service. Before sharing sensitive information, make sure you’re on a federal government site. Exceptions – Eight categories of service are … #block-googletagmanagerheader .field { padding-bottom:0 !important; } If you have orders to report for duty, UB will grant you sufficient time off to attend the military function or drill, plus reasonable travel time. Rivera-Melendez v. Pfizer Pharm., LLC, No. The promotion to a team leadership position was discretionary and there were only seven available positions, for which sixteen to seventeen people applied. An employer cannot discriminate against you for being a National Guard member. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Benvie filed complaints under USERRA and received swift help from VETS staff in the national office and the regional office in Atlanta. In Florida, the company Harrison worked for failed to provide him with promotions and raises for a variety of reasons. Law enforcement officer Brian Benvie received a promotion, retroactive seniority and back pay through his claims filed with the Veterans' Employment and Training Service under the Uniformed Services Employment and Reemployment Act. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} Under USERRA, UB must grant military leave to you upon request. [CDATA[/* >*/. • promotion; or • any benefit of employment because of this status. For military service of less than 31 days, health care coverage is provided as if the servicemember had remained employed. USERRA is a federal statute that protects servicemembers’ and veterans’ civilian employment rights. The law also protects individuals from discrimination in hiring, promotion, and retention on the basis of present and future membership in the armed services. Since 1940, there has been a … ", An agency within the U.S. Department of Labor, 200 Constitution Ave NW "They were a big help because they took my case," Benvie said. .h1 {font-family:'Merriweather';font-weight:700;} Federal and state laws provide strong employment rights to current and former members of the Armed Forces, including the federal Uniformed Services Employment & Reemployment Rights Act (USERRA) and veteran’s preference laws that benefit veterans who apply for jobs and promotions in federal and state government. 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. Since the September 11, 2001, terrorist attacks and the deployment of U.S. armed forces to Iraq and Afghanistan, VETS has provided USERRA information to more than one million individuals through briefings or individual technical assistance. The Act prohibits employment discrimination against persons because of their absence from their civilian employment due to military service or training in the Armed Forces Reserve, the National Guard, or other uniformed services. If this is impossible or unreasonable through no fault of the employee, then as soon as possible. Harrison said, "The Department of Labor was able to advocate on my behalf and get results I could not get on my own.". Severe Storm and Flood Recovery Assistance. An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person on the basis of a past, present, or future service obligation. 4301–4335 from adverse employment discrimination on the basis of their uniformed service, and provides for their prompt restoration to civilian employment when they return to civilian life. Law enforcement officer Brian Benvie received a promotion, retroactive seniority and back pay through his claims filed with the Veterans' Employment and Training Service under the Uniformed Services Employment and Reemployment Act. If a problem arises, what are my remedies? */. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at www.dol.gov/agencies/vets. ​USERRA includes guidelines for the employers of service members, such as the following: Employers cannot discriminate, but they are generally not required to give preferential treatment to service members. How does USERRA affect the benefits I provide to my employees? USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to perform service in the uniformed Services, to include certain types of service in the National Disaster Medical System and the Commissioned Corps of the Public Health Service. The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects individuals performing, or who performed, uniformed service in accordance with 38 U.S.C. 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. Federal government websites often end in .gov or .mil. USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. Client Alerts November 13, 2017; The Uniformed Services Employment and Reemployment Rights Act (USERRA) imposes on employers the strictest requirements of any federal leave law. , as userra promotion rights as people who are hospitalized or convalescing service as continuous service with disqualifying! 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