§ 4318(b)(3)(A). USERRA covers employment, reemploy-ment and retention rights when employees serve in the uniformed Services. USERRA protects civilian job rights and benefits for veterans and members of Reserve components. Before sharing sensitive information, make sure you’re on a federal government site. If you have questions, you can search the Veterans’ Employment and Training Service (VETS) website or contact them at contact-vets@dol.gov or phone: 1-866-4USADOL (1-866-487-2365) or 1-202-693-4770. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, Severe Storm and Flood Recovery Assistance. Accessed May 13, 2020.  Reinstatement  Back pay  Liquidated damages  Attorneys’ fees § 1002.262(a). The methodology differs depending on whether the rate of pay the service member would have received if not for the military-related absence is reasonably certain. The reemployed service member's entire "period of absence from employment due to or necessitated by" military service must be treated as continuous employment. Accessed May 13, 2020. Employers must protect the rights of service members during the hiring process, in requesting leaves, and in returning from leaves. Cornell Legal Information Institute. To make this calculation, the employer must determine the rate or rates of compensation the service member would have received but for the military-related absence. )2 Update on Sam Wright 1.3.1.2—Character and duration of service 1.3.2.2—Continuous accumulation of seniority-escalator principle The Veterans’ Employment and Training Service of the United States Department of Labor The service member, who receives pension contributions based on a percentage of compensation earned, works 40 hours per week and earns commission based on sales. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment rights of individuals who must be voluntarily or involuntarily absent from their civilian employment positions to serve in the U.S. military. 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. You also can’t withdraw an employment offer because someone is called to military duty., If a service member files a claim against your business, the claim may come through the U.S Labor Department or a lawsuit. Department of Labor: Important USERRA-related resources and compliance assistance materials for employees and employers are available through the Veterans’ Employment and Training Service website at www.dol.gov/agencies/vets/programs/userra, which contains a USERRA elaws Advisor, FAQs, fact sheets, and links to the statute and implementing regulations. It covers employees—including part-time and probationary employees—but it doesn’t cover independent contractors, freelancers, or other non-employees who do work for your business. 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. Guard & Reserve Articles. USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} In the following fact-based scenarios there may be additional factors or circumstances, not addressed here, that an employer considers in determining the amount of compensation an employee would have earned if not for a military-related absence. You may be asked to participate in an informal session with an ombudsman. You must release an employee if they give you advance notice that they have been called to military service. 38 U.S.C. How should pension contributions be calculated for the three-year absence? Section 4312 (e) (2) (A) / 20 CFR 1002.116. [CDATA[/* >