Appendix to Part 1002 - Notice of Your Rights Under USERRA
20:4.0.5.3.3.6.163.19.4 :
Appendix to Part 1002 - Notice of Your Rights Under USERRA
Pursuant to 38 U.S.C. 4334(a), each employer shall provide to
persons entitled to rights and benefits under USERRA a notice of
the rights, benefits, and obligations of such persons and such
employers under USERRA. The requirement for the provision of notice
under this section may be met by posting the following notice where
employers customarily place notices for employees. Posting one of
the original notices published in 70 FR 75316 (Dec. 19, 2005) will
also satisfy this requirement. The following text is provided by
the Secretary of Labor to employers pursuant to 38 U.S.C.
4334(b).
Text for Use by All Employers Your Rights Under USERRA A. 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.
B. Reemployment Rights
You have the right to be reemployed in your civilian job if you
leave that job to perform service in the uniformed service and:
• You ensure that your employer receives advance written or
verbal notice of your service;
• You have five years or less of cumulative service in the
uniformed services while with that particular employer;
• You return to work or apply for reemployment in a timely
manner after conclusion of service; and
• You have not been separated from service with a disqualifying
discharge or under other than honorable conditions.
If you are eligible to be reemployed, you must be restored to
the job and benefits you would have attained if you had not been
absent due to military service or, in some cases, a comparable
job.
C. Right To Be Free From Discrimination and Retaliation
If you:
• Are a past or present member of the uniformed service;
• Have applied for membership in the uniformed service; or
• Are obligated to serve in the uniformed service; then an
employer may not deny you
• Initial employment;
• Reemployment;
• Retention in employment;
• Promotion; or
• Any benefit of employment
because of this status.
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 proceeding under USERRA,
even if that person has no service connection.
D. Health Insurance Protection
• If you leave your job to perform military service, you have
the right to elect to continue your existing employer-based health
plan coverage for you and your dependents for up to 24 months while
in the military.
• Even if you do not elect to continue coverage during your
military service, you have the right to be reinstated in your
employer's health plan when you are reemployed, generally without
any waiting periods or exclusions (e.g., pre-existing condition
exclusions) except for service-connected illnesses or injuries.
E. Enforcement
• The U.S. Department of Labor, Veterans' Employment and
Training Service (VETS) is authorized to investigate and resolve
complaints of USERRA violations.
For assistance in filing a complaint, or for any other
information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its
Web site at http://www.dol.gov/vets. An interactive online
USERRA Advisor can be viewed at
http://www.dol.gov/elaws/userra.htm.
• If you file a complaint with VETS and VETS is unable to
resolve it, you may request that your case be referred to the
Department of Justice or the Office of Special Counsel, as
applicable, for representation.
• You may also bypass the VETS process and bring a civil action
against an employer for violations of USERRA.
The rights listed here may vary depending on the circumstances.
The text of this notice was prepared by VETS, and may be viewed on
the Internet at this address:
http://www.dol.gov/vets/programs/userra/poster.htm. Federal
law requires employers to notify employees of their rights under
USERRA, and employers may meet this requirement by displaying the
text of this notice where they customarily place notices for
employees. U.S. Department of Labor, Veterans' Employment and
Training Service, 1-866-487-2365.
[73 FR 63632, Oct. 27, 2008]