17.803 Uniformed Services Employment and Reemployment Rights

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17.803 Uniformed Services Employment and Reemployment Rights

FEDERAL AGENCY:

OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING, DEPARTMENT OF LABOR

AUTHORIZATION:

38 U.S.C. Chapter 43.

OBJECTIVES:

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.
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Dissemination of Technical Information.
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Investigation of Complaints.
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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.

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APPLICATION AND AWARD PROCESS:

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.

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PROGRAM ACCOMPLISHMENTS:

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:   Kenan Torrans 200 Constitution Ave., NW Room S-1325, Washington, District of Columbia 20210 Email: torrans.william@dol.gov Phone: (202) 693-4731 Fax: 202-693-4755
Web Site Address:
https://www.dol.gov/

EXAMPLES OF FUNDED PROJECTS:

Not applicable.

CRITERIA FOR SELECTING PROPOSALS:

Not applicable.

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