What does USERRA require of employers?

What does USERRA require of employers?

Employers must make reasonable efforts to qualify a returning service member for the reemployment position. Employers must provide refresher training, and any other training necessary to update a returning employee’s skills so that he or she has the ability to perform the essential tasks of the position.

Can an employer refuse to allow an employee to attend scheduled drills or annual training?

Can an employer refuse to allow an employee to attend scheduled drills or annual training? No. Employees must be excused from work to attend inactive duty training (drill) or annual training and the employer must reemploy the employee as if he or she has not been absent. Related: Search for Government jobs.

Can employers verify military orders?

However, per Department of Defense Instruction 1205.12, the Military Departments are required to verify periods of uniformed service upon an employer’s request, regardless of duration of the service-related absence. Employers may reach out to the employee’s military chain of command to request this verification.

How do companies verify military orders?

Verification of Military Service Please use the Defense Manpower Data Center’s (DMDC) Military Verification service to verify if someone is in the military. The website will tell you if the person is currently serving in the military. The site is available 24-hours a day.

What happens if an employer violates USERRA?

Penalties for USERRA violations can result in the payment of lost wages and/or benefits. Attorney’s fees are also awarded to the prevailing party. In addition, liquidated damages may be available for willful violations.

Can my job force me to make up time when I leave for drill?

An employee does not have the right to make up periods of work missed due to drill or military leave of absence.

How long must an employer hold a job for someone in the military?

The employee must be released from service under honorable conditions. The employee must not exceed five years of military leave with any employer (some exceptions apply). Annual training and monthly drills do not count against the cumulative total.

Can employer ask about military discharge?

To obtain information about an applicant’s military service, an employer is permitted, with consent, to make inquiries pertaining to dates of military service; duties performed; rank during service at the time of discharge; pay during service and at the time of discharge; training received and work experience.

What is proof of military service?

A DD Form 214 proves military service. Obtaining a copy is essential if you want access to many of the benefits and services available to you. Often referred to as the Report of Separation (freedom documents, promotion to Mr. or Ms.

Can you sue for USERRA violation?

But for the time being the only way to enforce USERRA against a state government employer is by getting DOJ to sue the state, in the name of the United States as plaintiff, unless the state has waived sovereign immunity.

Can you be excused from drill?

Call your chain of command so you can discuss with him the validity of your excuse and to properly excuse yourself. If your excuse is deemed valid, you will not suffer any of the consequences associated with missing a drill weekend.

Can the military call you back after discharge?

Under a program known as “stop-loss,” the military can keep you on active duty after your anticipated discharge date. This program has been around since 1984 and has been used a few times.

Is USERRA leave paid or unpaid?

While generally considered unpaid leave, there are some circumstances in which USERRA does require employers to pay their employees during a military-related absence.

Can you take leave whenever you want?

Leave is a RIGHT (not a privilege) that is granted by Congress under Federal Law. While leave is a RIGHT, that doesn’t necessarily mean you can take it whenever you wish. As with all things, “military necessity” determines when you can take your leave.