To protect and facilitate the smooth and prompt
reemployment of members of the uniformed services (to include National Guard
and Reserves) following performance of qualifying military service. Also, to
prohibit discrimination in employment and acts of reprisal against persons
because of their obligation in the uniformed services, filing a claim, seeking
assistance concerning an alleged violation, testifying in a proceeding, or
otherwise participating in an investigation.
TYPES OF ASSISTANCE:
Advisory Services and Counseling. Place Cursor Here for Definition
Dissemination of Technical Information. Place Cursor Here for Definition
Investigation of Complaints. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
To assist persons who perform service in the uniformed
services to secure employment or prompt reinstatement with their pre-service
employers, and to secure the crediting of all seniority rights and benefits to
that employment. To provide information and assistance to employers and to
labor organizations and other elements of the community concerned with
veterans' employment and reemployment. The Department of Labor - Veterans'
Employment and Training Service investigates complaints with the goal of
voluntary resolution of veterans' employment and reemployment problems.
Unresolved complaints are referred to the Department of Justice or to the
Office of Special Counsel upon request for consideration for representation in
the Federal District courts or before the Merit Systems Protection Board.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: Persons
performing voluntary or involuntary service in the uniformed services
(includes active duty, active duty for training, initial active duty for
training, inactive duty training, full time National Guard duty, and the
period absent from employment while being examined to determine fitness for
such). Claimants must conform to all statutory eligibility requirements,
including notification, intent, and timeliness of actions. Entitlement
terminates upon separation from uniformed service with a bad conduct or
dishonorable discharge or upon separation under other than honorable
conditions, a "dismissal" or "dropping from the rolls"
pursuant to sections 1161(a) and 1161(b) of Title 10, U.S. code.
Beneficiary Eligibility:
Persons performing voluntary or involuntary service in the uniformed services
(includes active duty, active duty for training, initial active duty for
training, inactive duty training, full time National Guard duty, and the
period absent from employment while being examined to determine fitness for
such). Claimants must conform to all statutory eligibility requirements,
including notification, intent, and timeliness of actions.
Credentials/Documentation:
Applicants should be able to provide evidence of pre-service employment,
proper notification, length and character of service, and proper request for
reinstatement.
Pre-application Coordination:
None. This program is excluded from coverage under E.O. 12372.
Application Procedure:
Contact the nearest Department of Labor, Veterans' Employment and Training
Service (USDOL-VETS) office listed in Appendix IV of the Catalog.
Award Procedure: Not
applicable.
Deadlines: There are no
deadlines to request assistance from USDOL-VETS. However, time limits exist
for individuals to request reinstatement with their pre-service employers.
Range of Approval/Disapproval Time:
Not applicable.
Appeals: The statute
authorizes court review for unresolved complaints. Private action is also
authorized; contact the nearest USDOL-VETS office listed in Appendix IV of the
Catalog for the procedure.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Not applicable.
Length and Time Phasing of Assistance:
Not applicable.
POST ASSISTANCE REQUIREMENTS:
Reports: Not applicable.
Audits: Not applicable.
Records: Not applicable.
FINANCIAL INFORMATION:
Account Identification:
16-0164-0-1-702.
Obligations: (Salaries and
Expenses) Not Separately Identifiable.
Range and Average of Financial Assistance:
Not applicable.
Processed 895 new complaint cases in fiscal year 2001,
and closed 843 cases, of which 90 percent (759) were closed in 90 days or
less. In addition to providing technical assistance in response to over 11,000
public inquiries, presentations were given to over 500 civic, employer,
attorney and military organizations and groups. There are no applications for
funds involved in this program.
REGULATIONS, GUIDELINES, AND LITERATURE:
The Uniformed Services Employment and Reemployment
Rights Act (USERRA) of 1994 - Chapter 43 of Title 38, United States Code (USC)
is available free of charge from USDOL-VETS offices listed in Appendix IV of
the Catalog. The "Veterans' Reemployment Rights Handbook," dated
1988 is available at most public libraries. The Handbook is under revision to
reflect changes resulting from the enactment of USERRA. However, the
information in the 1988 edition retains general applicability. Regulations
have not been developed.
INFORMATION CONTACTS:
Regional or Local Office:
Contact the nearest Department of Labor, Veterans' Employment and Training
Service office listed in Appendix IV of the Catalog.
Headquarters Office: Office
of Veterans' Employment and Training, U.S. Department of Labor, 200
Constitution Avenue, NW., Room S-1316, Washington, DC 20210. Telephone: (202)
693-4701. Contact: Norman Lance.
