Federal Employees and USERRA

Employer Support of the Guard and Reserve (ESGR) regularly fields inquiries regarding the uniform assistances Employment and Reemployment Rights Act (USERRA) from servicing portions employed by the national official Government and from the federal official Government about a usefulness sh be employee. A vast majority of these questions relate to the application of true USERRA requirements at the federal counterfeitplace.To add to the complexity of USERRAs application in the Federal workplace, the Office of Personnel Management (OPM) regulation provides additional, non-USERRA required benefits to avail segment employees when performing certain types of array machine service. Discussion Primarily half dozen (concerns/issues) are regularly raised by service member employees and federal regimen employers regarding USERRA. ESGR does not retain the full view associated with USERRA claims because service members have triune redress avenues for their USERRA issues or concern s.However, ESGR believes that targeted education and learning centralizeed on the six areas below will greatly reduce USERRA cases in the federal presidency by service member employees. Mandatory USERRA reading that specific eachy includes OPMs armed services leave benefits, monitored and tracked similar to the Information Assurance or government Ethics, or Sexual Harassment training would reduce federal USERRA cases.Frequent Concerns of gain member employees and Federal employer Issue 1 service of process members go through that they are not properly rein utter to the appropriate bureau upon bound of military service * Federal agencies fail to reinstate returning service member due to position being filled or position being cut * do members are not considered for promotional opportunities, strike down interviews, face closed application periods upon return from military service * Recommended training focus 20 CFR 1002. 191-199 and 5 CRF 353. 207 to understand reinstateme nt position requirements * 20 CFR 1002. 193 (b) and 5 CFR 353. 106 (c) regarding promotional opportunities Issue 2 Request for orders with service members name/documentation to prove attendance in improvement of service or following service lasting less than 30 old age * USERRA does not require documentation to perform service in a leave without pay status * This issue relates to OPMs nonrecreational military leave benefit.In order to ask over paid leave, the agency moldiness have documentation of service and the service must be for the excogitation of active duty or active duty training * Service members do not always receive documentation in advance, or have been advised that documentation drive outnot be required from an employer in advance of service by law * Employers assume that since documentation is required to receive paid military leave, it should be required at all quantify for consistency * Recommended training focus* Highlight 20 CFR 1002. 85, 1002. 121-123 Coordi nate with OPM regarding paid time off and requirements to take advantage of benefit * Understand LWOP and LWOP US requirements and that penalty cannot come to SM with advanced verbal/written get a line in any format Issue 3 Service members feel discriminated against due to past, present or future military service * Service members report that with knowledge of upcoming service, they are harassed, denied opportunities (i. e. training, consideration for advancement), and treated other than from their peers * Federal agencies must instill in managers and supervisors that discrimination is unlawful * Recommended training focus 20 CFR 1002. 18-23 and 353. 202 defining anti-discrimination under USERRA Issue 4 both service members and federal employer have questions about what is / is not exempt from louver year service limit* Most except not all orders will indicate exemptions from the tailfin year service limit * frequently of service performed in the last ten years in hold in of t he Global War on Terror is considered exempt service * Service members are not aware that retirement from military service can disqualify service member from reinstatement due to rush status with military * Recommended training focus 20 CFR 1002. 99-103 and Secretary memos * Educate SM regarding career service retirements and the potential issues when returning to work Issue 5 Federal Employers misunderstand timelines to report back to work * Federal employers have stated confusion regarding application for reemployment as defined by law. Since he service member was never separated, some agencies feel that the member does not film additional time to reapply * Concerned agencies wonder what status the service member should be held in during this time * Both Federal employers and the service members have confusion about the relation of their return to work date and the 5 days paid administrative leave for contingency operations.* Recommended training focus * 20 CFR 1002. 115-1002. 119 and 5 CFR 353. 05 to understand the definitions of application and reemployment * Coordinate with OPM regarding status to descend if the service member maintain LWOP-US status until returned to work * Coordinate with OPM regarding five days of leave administrative leave and its coordination with return to work dates Issue 6 Health benefits are not properly stopped, restarted with military service absences * Federal employers will continue health benefits when performing certain contingency missions, but sometimes fail to terminate benefits without affirmative attain from the service member * Reinstatement of benefits can be delayed Suspension of and reinstatement of wad / dental FEBH benefits must be done separately from health benefits, but are still covered by the law. * Recommended training focus * 20 CFR 1002. 163-171 pertaining to stopping/starting benefits * Coordination with OPM regarding what type of orders are eligible for continuation of benefits