What if a returning NDMS member is disabled? Pension plans (Section 4318), which are tied to seniority, are given separate, detailed treatment under the law. 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. The objective is to eliminate misunderstandings and resolve difficulties to the satisfaction of all. Section 4313 (b) (1) & (2) (A) / 20 CFR 1002.199. Employers, regardless of size, are required to provide to persons entitled to the rights and benefits under USERRA, a notice of their rights, benefits and obligations. Where do I go for information or assistance? Did the employer provide health coverage upon request of a service member whose leave was more than 30 days? An employer must not deny initial employment, reemployment, retention in employment, promotion or (B) in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of a position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person. The law requires employers to promptly reemploy persons returning from military service of 91 or more days in the following order of priority: 1. 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. Such operational missions involve circumstances other than war or national emergency for which, under presidential authorization, members of the Selected Reserve may be involuntarily ordered to active duty under Title 10, U.S.C. USERRA applies to members of the Armed Services, Reserves, National Guard, and other “Uniformed Services,” including the National Disaster Medical System and the Commissioned Corps of the Public Health Service. Ombudsmen provide information about rights and responsibilities under the law and seek a solution through mediation that can provide quick problem resolution. 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. A reemployed person must be treated as not having incurred a break in service with the employer maintaining a pension plan. During a period of service, the employees must be treated as if they are on a furlough or leave of absence. ol{list-style-type: decimal;} The Uniformed Services Employment and Reemployment Rights Act of 1994, enacted October 13, 1994 (Title 38 U.S. Code, Chapter 43, Sections 4301-4335, Public Law 103-353), as amended, provides for the employment and reemployment rights for all uniformed service members. (generally, Section 4313). Awards of attorney fees, expert witness fees, and other litigation expenses to successful plaintiffs who retain private counsel may be made at the court’s discretion. Who has the burden of proof in USERRA discrimination cases? 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. Recruiting and inspector general complaints should be forwarded to the appropriate agencies. Active duty (other than for training) by volunteers supporting “operational missions” for which Selected Reservists have been ordered to active duty without their consent – Section 4312 (c) (4) (C). § 38-610, Leave of absence for certain federal training; definition . (202) 245-0718 protected by USERRA includes National Guard members activated for state . What is an employer required to provide to a returning NDMS member upon reemployment? See 20 CFR Part 1002.5(o). Absence from work for an examination to determine a person’s fitness for any of the above types of duty, Funeral honors duty performed by National Guard or Reserve members. 202-260-0293 Defined benefit plans, defined contribution plans, and profit-sharing plans that are retirement plans are covered. The employer is liable for funding any obligation of the plan to provide required benefits. 2. The University will comply with all provisions of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). 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. When would a person’s service disqualify him or her from asserting USERRA rights? 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. Intermittent employees of the National Disaster Medical System (NDMS) are also considered to be performing "service in the uniformed services" and protected by USERRA when activated to provide assistance in a public health emergency, to be present when there is a risk of a public health emergency, or when participating in authorized training. 7. Involuntary service of this type is exempt from the 5-year limit. Section 4313 (a) (1) (A) & (B) / 20 CFR 1002.196. 10. The reemployment position with the highest priority in the reemployment schemes reflects the “escalator” principle that has been a key concept in federal veterans’ reemployment legislation. In a multi-employer pension plan, the sponsor maintaining the plan may allocate the liability of the plan for pension benefits accrued by persons who are absent for military service. 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. 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. However, they are protected from discrimination because of military service or obligation. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. One of my employees has just notified me that she is a member of the National Disaster Medical System (NDMS), Department of Health and Human Services (HHS). Section 4318 (a) (2) (A) / 20 CFR 1002.259. 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