This includes status, rate of pay, pension vesting, and credit for the period for pension benefit computations. Unable (through no fault of the individual) to obtain release from service or service in excess of five years to fulfill an initial period of obligated service (generally imposed on Active military component aviators or others who undergo extensive initial training in certain technical military specialties). A person’s reemployment rights are not automatically forfeited if the person fails to report to work or to apply for reemployment within the required time limits. Office of Special Counsel . Did the service member give advance notice of military service to the employer? 7. The first attempt to resolve a problem should be made at the employer-employee level in an atmosphere of mutual cooperation. But the employer can require the employee to report for the 6:00 a.m. shift the next morning. If the disabled person cannot become qualified for the reemployment position despite reasonable efforts by the employer to accommodate the employee, and qualify him or her to perform the duties of the position, the employee must be reemployed in a position according to the following priority: (a) a position that is equivalent in seniority, status, and pay to the escalator position, or (b) a position that is the nearest approximation to the equivalent position, consistent with the circumstances of the employee’s case. Where do I go for information or assistance? Team leaders have a vested interest in the problem and may be able to explain the situation or suggest compromises that will satisfy everyone's needs. Persons whose complaints against a private employer or a State or Local Government are not successfully resolved by VETS may request that their complaints be referred to the Attorney General for possible representation. must have given written or verbal notice to the civilian employer prior to leaving the job for military/NDMS training or service except when precluded by military/NDMS necessity. 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. This was the experience of some persons who served in the Global War on Terror. Caution: You May Have Rights Under Both EXTENDED COVERAGE and USERRA Your rights under EXTENDED COVERAGE and USERRA are similar but not identical. Uniformed service . L. 107-188, June 2002). VETS also has the right of reasonable access to interview any persons with information relevant to the investigation. Special protection against discharge, except for cause. 2. However, if, after reemploying the person, documentation becomes available that shows one or more of the reemployment requirements were not met, the employer may terminate the person and any rights or benefits that may have been granted. (A) In the job the person would have held had the person remained continuously employed, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer; Section 4313 (a) (1) (A), or. service. 8. For example, since September 11, 2001, Reservists were involuntarily called to active duty under Federal orders for Operations Noble Eagle, Enduring Freedom and Iraqi Freedom. Persons ordered to involuntary active duty for operational missions would be covered by the fourth exemption. Section 4318 (b) (1) / 20 CFR 1002.261. Section 4312 (e) (2) (A) / 20 CFR 1002.116. Did the employer continue coverage at the regular employee cost for service members whose leave was for less than 31 days? While this fact sheet is directed to civilian employers of members of the National Disaster Medical System, it should be noted that Active component members, Public Health Service Commissioned Corps members, and certain others are also protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA), if they meet the eligibility criteria. What if a person is not qualified for the reemployment position? Exceptions – Eight categories of service are exempt from the five-year limitation. “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. The NDMS is a federally coordinated system that augments the nation’s medical response capability. testifies, assists or otherwise participates in an investigation or proceeding under the law; or. This form is intended for members of the Uniformed Services (National Guard, Reserves, and the National Disaster Medical System (NDMS)), who are experiencing civilian employment concerns related to uniformed service obligations. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. Section 4313 (a) (4). Section 4313 (a) (2) (B). 12 . Pension plans (Section 4318), which are tied to seniority, are given separate, detailed treatment under the law. 1-866-4-USA-DOL, Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, DISABILITITES INCURRED OR AGGRAVATED WHILE IN MILITARY SERVICE, EXCEPTION FOR “BRIEF NON-RECURRENT POSITIONS”, PROTECTION FROM DISCRIMINATION AND RETALIATION, www.dol.govhttps://webapps.dol.gov/elaws/userra.htm, Severe Storm and Flood Recovery Assistance, 1. § 38-610, Leave of absence for certain federal training; definition . The statute lists four circumstances: 1. Under USERRA, a reemployed employee may not be discharged without cause: (1) For one year after the date of reemployment if the person’s period of military service was for 181 days or more; (2) For 180 days after the date of reemployment if the person’s period of military service was for 31 to 180 days. USERRA also protects workers at foreign offices of American companies and American offices of foreign companies, where USERRA doesn’t conflict with the foreign country’s laws. Did you exceed the 5-year limit on periods of service? In other words, the escalator can move up or down. A.R.S. VETS interprets and provides guidance on USERRA, and investigates complaints filed under this law. (This notice can be written or verbal.). VETS investigates complaints and attempts to resolve them. Section 4323 (a) (1) / 20 CFR 1002.291-292. Section 4313 (a) (4). If no allocation or cost-sharing arrangement is provided, the full liability to make the retroactive contributions to the plan will be allocated to the last employer employing the person before the period of military service or, if that employer is no longer functional, to the overall plan. USERRA also protects anyone—veteran or non-veteran—from reprisal for either exercising rights or assisting in any proceeding under the statute. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. The employee must be qualified to perform the duties of this position or be able to become qualified to perform them with reasonable efforts by the employer. Duty performed by intermittent employees of the National Disaster Medical System (NDMS), which is part of the Department of Health and Human Services, when activated for a public health emergency, and approved training to prepare for such service For more information about USERRA, please go to the United States Department of Labor website. 2. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. This applies to rights and benefits determined by seniority as well. Service members must, at their request, be permitted to use any vacation leave that had accrued before the beginning of their military service instead of unpaid leave. § 38-610.02, Leave of absence and compensation for national disaster medical system employment . However, a health plan is permitted to impose an exclusion or waiting period for coverage of disabilities determined by the Secretary of Veterans’ Affairs (VA) to be service-connected. All of the undefined words used in this USERRA notice have the meanings assigned to them in the attached EXTENDED COVERAGE Election Notice. BRIEFING OVERVIEW â ESF #8 Role in Federal Response â National Disaster Medical System â Local Needs - The Driving Force. service. However, no notice is required if: “Military necessity” for purposes of the notice exception is defined in regulations of the Secretary of Defense as “a mission, operation, exercise or requirement that is classified, or a pending or ongoing mission, operation, exercise or requirement that may be compromised or otherwise adversely affected by public knowledge.” See 32 CFR 104.3. Ordered to involuntary service, or retained on active duty during domestic emergency or national security related situations – Section 4312 (c) (4) (A). Employers may provide the notice “Your Rights Under USERRA” by posting it where employee notices are customarily placed. (38 USC 4312). The following three-part reemployment scheme is required for persons with disabilities incurred or aggravated while in military service. An employer is not required to reemploy a person if the pre-service position was for a brief or non-recurrent period and there was no reasonable expectation that employment would continue indefinitely or for a significant period. This category includes service not only by persons ordered to involuntary active duty, but also service by volunteers who receive orders to active duty. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Section 4316 (b) (2) (A) / 20 CFR 1002.152. 5. The U.S. Office of Personnel Management has issued regulations that apply specifically to Federal executive agencies. Definitions: "National Disaster Medical System (NDMS)" means the federally coordinated system that service. Most types of service will be counted in the computation of the five-year period. Section 4313 (b) (1) & (2) (A) / 20 CFR 1002.199. It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving. Section 1002.57 clarifies when service in the National Guard is covered by USERRA, and section 1002.58 addresses service in the commissioned corps of the Public Health Service, a division of the Department of Health and Human Services. Section 1002.59 recognizes coverage for persons designated by the President in time of war or national emergency. Separation from the service with a dishonorable or bad conduct discharge. The person must report to his or her employer by the beginning of the first regularly scheduled work period that begins on the next calendar day following completion of service, after allowance for safe travel home from the military duty location and an 8-hour rest period. If you need more specific information on NDMS issues involving USERRA, contact: National Disaster Medical System USERRA Ombudsman US Department of Health and Human Services The Thomas P. O’Neill Federal Building 200 C Street, SW Washington, DC 20024 ATTN: Joe Lamoureux 202-260-0293 NDMSUSERRA@hhs.gov. 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. Employers must make reasonable efforts to qualify a returning service member for the reemployment position. 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. the person’s application for reemployment is timely; the person has not exceeded the five-year service limitation; and. Required training for Reservists and National Guard members – Section 4312 (c) (3). Individuals have the option to privately file court actions. DMATs were founded under the US Public Health Service, operating under FEMA. Upon the timely application for reinstatement, did the employer promptly reinstate the service member to his/her escalator position? See Title 42, U.S. Code, Section 300hh-11(d). 7. .usa-footer .container {max-width:1440px!important;} 2. No. Section 4312 (d) (1) (B) / 20 CFR 1002.139 (b) / 20 CFR 1002.5 (n), Employers are excused from making efforts to qualify returning service members or from accommodating individuals with service-connected disabilities only when doing so would be of such difficulty or expense as to cause “undue hardship.”, Exception for “Brief Non-Recurrent Positions”, Section 4312 (d) (1) (C) / 20 CFR 1002.139 (c). ol{list-style-type: decimal;} USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. For example, the five-year limit will not be applied to members of the Navy or Marine Corps whose obligated service dates expire while they are at sea. These include: 1. The Secretaries of the various military branches each have authority to designate a military operation as a critical mission or requirement. Involuntary service of this type is exempt from the 5-year limit. 3. See 20 CFR 1002.225. None of the sources listed above have authority to enforce the law. the National Guard, the Public Health Service, and certain types of service in the National Disaster Medical System. Required NDMS training courses and other training duty certified by NDMS or NDMS’s Federal partner agencies (the U.S. Department of Veterans’ Affairs, the U.S. Department of Homeland Security, and the U.S. Department of Defense) to be necessary for professional development or skill training/retraining. If the employee cannot become qualified for either position described in (A) or (B) above (other than for a disability incurred in or aggravated by the military service) even after reasonable employer efforts, the person must be reemployed in a position that is the nearest approximation to the positions described above (in that order) which the person is qualified to perform, with full seniority. Cause for discharge may be based on conduct or the application of legitimate nondiscriminatory reasons. The National Disaster Medical System (NDMS) is a federally coordinated healthcare system and partnership of the United States Departments of Health and Human Services (HHS), Homeland Security (DHS), Defense (DOD), and Veterans Affairs (VA). ESGR has Ombudsmen available to answer USERRA questions and respond to employment disputes related to military service. GobiernoUSA.gov |  While NDMS members are often medical clinicians providing health services (including doctors, nurses, paramedics, physician assistants, and pharmacists), teams may also … The employer must make reasonable efforts to accommodate a person’s disability so that the person can perform the duties of the reemployment position. The Secretary of Labor issued USERRA regulations covering private and state employers written in a plain English question-and-answer format. National Disaster Medical System (NDMS), including Federal Emergency Management Agency (FEMA), are intermittent federal employees, considered members of the ªuniformed servicesº for all purposes of USERRA . Service required beyond five years to complete an initial period of obligated service – Section 4312 (c) (1). REEMPLOYMENT RIGHTS. Certain types of service specified in 42 U.S.C. Its contents are not legally binding, nor should they be considered a substitute for the language of the statute or regulations. Definitions: "National Disaster Medical System (NDMS)" means the federally coordinated system that augments the United States' medical response capability to major emergencies and disasters. If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable, the employee must report back to work as soon as possible after the expiration of the 8-hour period. USERRA pmtects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in National Disaster Medical System. Were you discharged under conditions other than disqualifying under section 4304? Does USERRA give a person the right to benefits from the civilian employer during a period of NDMS training or service? 8. An application for reemployment must be submitted to the employer no later than 90 days after completion of a person’s military service. She also just notified me that she has been asked by NDMS to deploy to Florida tomorrow for hurricane victim medical assistance duty. USERRA applies to virtually all employers, regardless of size, including the federal government. .h1 {font-family:'Merriweather';font-weight:700;} National Guard members (and National Disaster Medical System reservists) are protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Section 4323 (d) (1) (C) / 20 CFR 1002.312. Did the employer grant the reemployed person pension plan benefits that accrued during military service? US Department of Health and Human Services If two or more persons are entitled to reemployment in the same position, the following procedure applies: Employer defenses to reemployment are affirmative ones and the employer carries the burden of proving them by a preponderance of the evidence. USERRA Notice. An official website of the United States government. Such a position may be a higher or lower position, depending on the circumstances. If an individual’s past, present, or future connection with the service is a motivating factor in an employer’s adverse employment action against that individual, the employer has committed a violation, unless the employer can prove that it would have taken the same action regardless of the individual’s connection with the service. Also excluded are additional training requirements certified in writing by the Secretary of the service concerned to be necessary for individual professional development. (generally, 38 USC 4312). Service performed during time of national emergency or for other critical homeland security missions/contingencies (for NDMS members) requirements. This service (whether local or national) is informal; discussions are not entered into personnel records. On the other hand, reinstatement following five years on active duty might require reassigning or giving notice to an incumbent employee who has occupied the service member’s position. The National Committee for Employer Support of the Guard and Reserve (ESGR) is a Department of Defense agency that provides free USERRA education, consultation and, if necessary, informal mediation services. ... those who serve/d in the National Disaster Medical System and the Public Health Service Commissioned Corps, and active parts of the armed forces. A right or benefit is seniority-based if it is determined by or accrues with length of employment. (USERRA) A.R.S. In connection with USERRA’s health plan provisions, liability for employer contributions and benefits under multi-employer plans is to be allocated by the plan sponsor in such manner as the plan sponsor provides. USERRAguarantees an employee returning from military service or training the right to be re-employed at his or her former job (or as nearly comparable a job as possible) with the same benefits. Military service must be considered service with an employer for vesting and benefit accrual purposes. 4. Did the employer discriminate in employment against or take adverse employment action against any person who assisted in enforcement of a protection afforded any returning service member under this Statute? 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. If a disability could not be accommodated after reasonable efforts by the employer, did the employer reemploy the person in some other position he/she was qualified to perform which is the "nearest approximation" of the position to which the person was otherwise entitled, in terms of status and pay, and with full seniority? Information and technical assistance is provided by the Veterans’ Employment and Training Service (VETS) of the Department of Labor (Section 4321). Employers are also free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice by e-mail). Washington, DC 20210 USERRA also prohibits employers from discriminating against past and present Public Health Emergency - Leading a Nation Prepared, Note: This material is for information only and should not be considered as legal authority. The objective is to eliminate misunderstandings and resolve difficulties to the satisfaction of all. Das National Disaster Medical System (NDMS) ist ein staatlich koordiniertes Gesundheitssystem und eine Partnerschaft der US-amerikanischen Ministerien für Gesundheit und soziale Angelegenheiten (HHS), Heimatschutz (DHS), Verteidigung (DOD) und Veteranenangelegenheiten (VA). What is an employer required to provide to a returning NDMS member upon reemployment? .manual-search ul.usa-list li {max-width:100%;} Employers are prohibited from retaliating against anyone (whether or not they have performed military service) who: whether or not the person has performed military service. AND REEMPLOYMENT RIGHTS ACT. ), 4. Post 9/11, U.S. Department of Homeland Security assumed responsibility of DMATs. Any election that you … If a person does not provide satisfactory documentation because it is not readily available or does not exist, the employer still must promptly reemploy the person. 3. The reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing because of an injury or illness incurred or aggravated during the performance of military service. C. Comments Addressing the National Disaster Medical System The Department received several comments from an attorney employed by the Federal Emergency Management Agency (FEMA) regarding the rule’s treatment of the National Disaster Medical System (NDMS). How can they get assistance from an ombudsmen? They may do so if they have chosen not to file a complaint with VETS, have chosen not to request that VETS refer their complaint to the Attorney General, or have been refused representation by the Attorney General. must hold or have applied for a civilian job. The National Disaster Medical System (NDMS) uses individuals with specific expertise and experience within a wide range of professions. USERRA reemployment rights apply if the cumulative length of service that causes a person’s absences from a position does not exceed five years. The U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) administers the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA applies to virtually all employers, regardless of size, including the Federal Government. #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;} USERRA also prohibits employers from discriminating against past and present … 2. Contact the Committee for Employer Support of the Guard and Reserve at (800) 336-4590 with specific questions regarding USERRA. 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. could fill vacant positions on the various response teams within NDMS. Although most often understood as applying to National Guard and reserve military personnel, USERRA also applies to persons serving in the active components of the Armed Forces. Is the returning employee always entitled to have the same job back? NDMS members are intermittent federal employees and their service is considered service in the uniformed services for purposes of coverage under the Uniformed Services Employment and Reemployment Rights Act (USERRA). An employer has the right to request that a person who is absent for a period of service of 31 days or more provides documentation showing that, Section 4312 (f) (3) (A) / 20 CFR 1002.122. YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT USERRA protects the job rights of individuals who voluntarily or involun\ tarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. protected by USERRA includes National Guard members activated for state . (A) In the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer; Section 4313 (a) (2) (A), or. 300hh-11 by members of the National Disaster Medical System are covered by USERRA. A reemployed person must be treated as not having incurred a break in service with the employer maintaining a pension plan. National Disaster Medical System (NDMS) Department of Health and Human Services. 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