Federal Employees and USERRA

Employer Support of the Guard and Reserve (ESGR) regularly fields inquiries regarding the uniform assistants Employment and Reemployment Rights Act (USERRA) from wait on members employed by the Federal Government and from the Federal Government about a service member employee. A vast majority of these questions relate to the application of certain USERRA requirements at the Federal workplace.To add to the complexity of USERRAs application in the Federal workplace, the Office of staff office Management (OPM) regulation provides additional, non-USERRA required benefits to service member employees when exerciseing certain types of phalanx service. Discussion Primarily six (concerns/issues) are regularly raised by service member employees and federal government employers regarding USERRA. ESGR does non have the full view associated with USERRA claims because service members have multiple redress avenues for their USERRA issues or concerns.However, ESGR believes that targeted educat ion and education focused on the six areas below will greatly ignore USERRA cases in the federal government by service member employees. Mandatory USERRA genteelness that specifically includes OPMs military leave benefits, monitored and tracked similar to the Information Assurance or government Ethics, or Sexual Harassment dressing would reduce federal USERRA cases.Frequent Concerns of Service member employees and Federal employer Issue 1 Service members feel that they are not properly reinstated to the appropriate position upon shutting of military service * Federal agencies fail to reinstate returning service member due to position universe filled or position being cut * Service members are not considered for promotional opportunities, miss interviews, face closed application periods upon return from military service * Recommended planning focus 20 CFR 1002. 191-199 and 5 CRF 353. 207 to understand reinstatement position requirements * 20 CFR 1002. 193 (b) and 5 CFR 353. 10 6 (c) regarding promotional opportunities Issue 2 Request for orders with service members name/documentation to mount attendance in move on of service or following service lasting less than 30 days * USERRA does not require documentation to perform service in a leave without pay status * This issue relates to OPMs stipendiary military leave benefit.In order to receive paid leave, the agency must have documentation of service and the service must be for the purpose of active duty or active duty training * Service members do not always receive documentation in advance, or have been advised that documentation cannot 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 times for agreement * Recommended training focus* Highlight 20 CFR 1002. 85, 1002. 121-123 form with OPM regarding paid time off and requirements to take advantage of benefit * Understand LWOP and LWOP US requirements and that penalty cannot have it off to SM with advanced verbal/written notice in any format Issue 3 Service members feel discriminated against due to past, present or future military service * Service members communicate that with knowledge of upcoming service, they are harassed, denied opportunities (i. e. training, consideration for advancement), and treated differently from their peers * Federal agencies must in free 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 two service members and federal employer have questions about what is / is not exempt from five year service sic* Most but not all orders will indicate exemptions from the five year service limit * Much of service performed in the last ten years in support of the 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 career 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, roughly agencies feel that the member does not need 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 five days paid administrative leave for eventuality 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 reg arding status to determine 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 action from the service member * Reinstatement of benefits can be delayed Suspension of and reinstatement of vision / 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