The law also protects individuals from discrimination in hiring, promotion, and retention on the basis of present and future membership in the armed services. */. Employers cannot take military service into account when they fire, discipline, promote, or award benefits to employees. Compounding the situation, his time in grade for promotions was miscalculated. An employer cannot discriminate against you for being a National Guard member. you have not been separated from service with a disqualifying discharge or under other than honorable conditions. .cd-main-content p, blockquote {margin-bottom:1em;} 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. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} After trying to collaborate with the company to recapture the raises and promotions, Harrison filed a claim with the department under the Uniformed Services Employment and Reemployment Rights Act. promotion; or; any benefit of employment because of this status. 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. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 24 months; however, they may be required to pay up to 102 percent of the full premium. .usa-footer .container {max-width:1440px!important;} Because of the sacrifices that military service members make while serving, the Servicemembers' Civil Relief Act (SCRA) and the Uniformed Services Employment and Reemployment Relief Act of 1994 (USERRA) provide service members with military service benefits for financial relief and job protection. The law also protects individuals from discrimination in hiring, promotion, and retention on the basis of present and future membership in the armed services. VETS provides assistance to those persons experiencing service connected problems with their civilian employment and provides information about USERRA to employers. Washington, DC 20210 Uniformed Services Employment And Reemployment Rights Act Of 1994 (USERRA) Background USERRA entitles servicemembers to return to their civilian employment upon completion of their military service with the seniority, status, and rate of pay that they would have obtained had they remained continuously employed by their civilian employer. REEMPLOYMENT RIGHTS ACT OF 1994. /*-->*/. 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. 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. This notice was prepared by VETS, and may be viewed here: www.dol.gov/agencies/vets/programs/userra/poster. ol{list-style-type: decimal;} The .gov means it’s official. The Soldier and Sailors Civil Relief Act (SSCRA) and the Family and Medical Leave Act (FMLA) go further to protect .manual-search-block #edit-actions--2 {order:2;} discrimination in hiring, promotion, and retention on the basis of present and future membership in the armed services. What protections do I have against employment discrimination? #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;} VETS also assists veterans who have questions regarding Veterans' Preference. 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. USERRA also allows an employee to complete an initial period of active duty that exceeds five years. Benvie filed complaints under USERRA and received swift help from VETS staff in the national office and the regional office in Atlanta. #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;} 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. p.usa-alert__text {margin-bottom:0!important;} .agency-blurb-container .agency_blurb.background--light { padding: 0; } 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. 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. The site is secure. USERRA mandates that returning service members must be promptly re-employed in the same position that they would have attained had they not been absent for military service, with the same seniority, status and pay. You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and: 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. .h1 {font-family:'Merriweather';font-weight:700;} The site is secure. [CDATA[/* >