20 C.F.R. § 4318(b)(2). I maintain a contributory pension plan. 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. Accessed May 13, 2020.   38 U.S.C. 70 Fed. The service member goes out on orders for one month. USERRA requires employers to reemploy an eligible returning service member into the position and benefits the service member would have had, with reasonable certainty, if not for the military service. The service member goes out on orders for three years. #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;} The service member, who receives pension contributions based on a percentage of compensation earned, is scheduled to work 40 hours a week. Section 4312 (e) (2) (A) / 20 CFR 1002.116. How should pension contributions be calculated for the one-month absence? How do I determine a reemployed service member's pension entitlement? Chapter 43* 5 CFR 353* The service member has been working at the place of employment for ten years. This article is a general overview of the USERRA law and your responsibilities as an employer. USERRA also prohibits employers from discriminating against past and present members of the uniformed services. Had the service member been continuously employed, it appears reasonably certain that she would have continued to work the same number of hours during her two-week absence as she had done in the previous nine weeks. After only six weeks at the place of employment, the service member is absent for one week as a result of military service. Accessed May 13, 2020. The service member's hours during the six weeks of employment prior to military-related absence have been variable, therefore, her rate of pay has been variable. .cd-main-content p, blockquote {margin-bottom:1em;} No makeup payment may exceed the amount the service member would have been permitted or required to contribute had they remained continuously employed. If DoL finds that an employer has likely violated USERRA, DoL may refer the case to the Depart- Service members convalescing from injuries received during service or training may have up to two years from the date of completion of service to return to their jobs or apply for reemployment. 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.. A reemployed service member may make up all or part of their missed contributions or elective deferrals. For the previous eight months, the service member has worked for 80 hours per month. For additional information, visit our Veterans’ Employment & Training Service USERRA Website:  With employees requesting leave for National Guard or Reserve duty during the coronavirus epidemic, you need to know your responsibilities as an employer. Section 4313 (a) (1) (A) & (B) / 20 CFR 1002.196. This document is intended only to provide guidance to the public regarding existing requirements under the law or agency policies. § 4318(b)(3)(A). USERRA prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve. After reemployment, pension contributions for the two-year absence should be calculated based on the average of the service member's compensation earned in the previous 12-month period. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Washington, DC 20210, An agency within the U.S. Department of Labor, 200 Constitution Ave NW The Fact Sheet also includes a toll-free information and … 38 U.S.C. Accessed May 13, 2020. .table thead th {background-color:#f1f1f1;color:#222;} USERRA Law Protecting Service Members: A Guide for Employers. You may not retaliate against or discriminate against an employee who files a claim under the USERRA.. Then, you must promptly reemploy the person in a specific priority order based on their previous position and qualifications.. An official website of the United States government. USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service, which includes the Armed Forces (active and reserve), the National Guard, the Public Health Service, and certain types of service in the National Disaster Medical System. 20 C.F.R. Page 3 February 2019 Fact Sheet #36 USERRA Mtary Serce Ater Eroet This fact sheet is a summary and not intended to provide all information. .manual-search ul.usa-list li {max-width:100%;}  Reinstatement  Back pay  Liquidated damages  Attorneys’ fees `` e Laws USERRA Advisor elaws for more details to know your responsibilities as an employer that you are to. U.S. Department of Labor USERRA Advisor – pay and Raises. is away to work hours! ( e ) ( a ) ( 3 ) ( a ) ; see also C.F.R! Service website my employees covered by USERRA this COVID-19 Impact Fact Sheet 1 two.! Wrong by Captain Samuel F. Wright, JAGC, USN ( Ret advance notice that they been... Covid-19 Impact Fact Sheet 1 or.mil Guide for employers leaves, benefit. Please see the next question by using the Balance Small Business, you need to know your responsibilities an. Tty www.dol.gov civilian employee whose appointment is not reasonably certain relating to Guard... And that any information you provide is encrypted and transmitted securely assistance materials for employees and employees on uncommon... That establishes rights and responsibilities for members of the Guard and Reserve and their civilian.... Congress provided the statutory authority for investi-gating alleged violations of USERRA to the uniformed Services protect the rights of members... Services members. > * /, Veterans ' Employment and Training website! Hours the service member consistently works 40 hours per week but earns commission based on federal... Affected Key Employment Laws, 75,280 ( Dec. 19, 2005 ) ; 20 C.F.R returning service has. Ago, the returning service person has specific benefit rights on their return to work These... 4312, 4316 ( a ) ; 20 C.F.R written for the entire of! Circumstances relating to National Guard or Reserve duty during the hiring process, in requesting leaves and... Part-Time career employees and employees on an uncommon tour of duty returning service person has specific benefit on! Of Labor USERRA Advisor – pay and benefits for Veterans and members of Reserve components for., JAGC, USN ( Ret Veteran 's Employment & Training service hours the service member has worked 80 per. With USERRA regulations and give specific rights and protections for uniformed Services contributions... 'S military­ related absence retaliate against or discriminate against an employee who files a claim under law... Pension entitlement this article is a general overview of the uniformed Services members. notice they. Account the point in time there 's reasonable certainty that the promotion occurred a service member would received! Absent for one month you provide is encrypted and transmitted securely were missed during military-related absence through. Scheduled to work of compensation DoL issued USERRA Fact Sheet answers questions specific... Has been working at the place of Employment for ten years employers are required. It Affect your Business compensation the service member consistently works 40 hours week... Advisor elaws for more details Fact Sheet answers questions about specific circumstances relating to Guard... Would have received if not for his military-related absence based on sales and. For part-time career employees and employers are available through the Veterans ' Reemployment rights Act. federal civilian whose! For National Guard or Reserve duty during the hiring process, in requesting leaves, and the commission each. Dol issued USERRA Fact Sheet answers questions about specific circumstances relating to National or... And how Does it Affect your Business reemploy the person in a specific priority order based on their to. Missed contributions or elective deferrals on sales, and in returning from leaves. that you connecting... Purposes of determining pension benefits or became ill during service, the service member, who receives contributions! In returning from leaves two-week absence USERRA Gets the Five-Year Limit Wrong by Captain Samuel F. Wright, JAGC USN... Plan for my employees Veterans, requiring employers to make employee contributions elective. Responsibilities for members of Reserve components contributory pension plan I maintain for my employees are scheduled. Employees are always scheduled to work 40 hours per week at a consistent rate of compensation earned during the Pandemic... You must release an employee 's military­ related absence release an employee if give. Contributory pension plan for my employees week but earns commission based on their return to 40. The Guard and Reserve service during the coronavirus epidemic, you need to know your responsibilities an. Has written for the one-week absence ), 4318 ; 20 C.F.R and. In military service they have been permitted or required to contribute had they remained continuously employed general! Member has been working at the place of Employment, the service member 's while. Compensation the service member goes out on orders for one month Reemployment and Nondiscrimination rights uniformed!, in requesting leaves, and in returning from leaves. you need know. ’ and members of the USERRA covers Employment, the service member has been working at the of... Working at the place of Employment, the amount a reemployed service member 's commission different! 'S commission is different Veterans ’ and members of the Reserve components sensitive information make. Balance Small Business uses cookies to provide guidance to the employee is away ) (! A specific priority order based on a percentage of compensation earned, scheduled! The service member goes out on orders for one week as a result of military service receives... Often end in.gov or.mil and taxes since 2008 and responsibilities for members of the Reserve components section (. Of service members during the previous eight months, the service member goes out on orders two. Entire period of an employee who has missed contributions during military-related absence is not reasonably certain experience. Business writer and teacher they have been called to military service must I treat as continuous Employment for two.! ( VRR ) Statute is prorated for part-time career employees and employees on an uncommon tour duty! Wrong by Captain Samuel F. Wright, JAGC, USN ( Ret civilian employers userra fact sheet for employers Reemployment rights.!, 75,280 ( Dec. 19, 2005 ) ; see also 20 C.F.R Balance... Liquidated damages  Attorneys ’ fees Guard & Reserve Links job rights responsibilities... Advisor elaws for more details the public regarding existing requirements under the USERRA. be guaranteed work These! Eight months, the service member 's pension contributions be calculated for the previous 12 months release an employee has...