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UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

USERRA continues the protection of civilian job rights and benefits for veterans and members of Reserve components. However, USERRA makes major improvements in protecting service members rights and benefits by clarifying the law, improving enforcement mechanisms, and providing Federal Government employees with Department of Labor assistance in processing claims.

USERRA expands the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights for five years. There are important exceptions to the five-year limit. However, USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual’s service.

USERRA provides enhanced protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. Service members convalescing from injuries received during service and training may have up to two years to return to their jobs.

USERRA provides that returning service-members are reemployed in the job that they would have attained had they not been absent for military service with the same seniority, status and pay, as well as other rights and benefits determined by seniority.

Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 18 months; however, they may be required to pay up to 102 % of the full premium. For military service of less than 31 days, health care coverage is provided as if the service member had remained employed.

The period an individual has to make application for reemployment or report back to work after military service is now based on time spent on military duty; not on the category of service performed.

USERRA also requires that service members provide advance written or verbal notice to their employers for all military duty unless giving notice is impossible, unreasonable, or precluded by military necessity. Additionally, service members are able, but are not required, to use accrued vacation or annual leave while performing military duty.

Questions or assistance regarding rights and obligations under USERRA should be referred to the Veterans’ Employment and Training Service office. In Kentucky, the office can be reached by phone at 502/564-7062 or by fax at 502/564-1476.

 

U.S. Department of Labor  
Kentucky Veteran's Employment &
Training Service Representatives

The Veterans' Employment and Training Service (VETS) administers, coordinates and provides policy guidelines and technical assistance in the implementation of VETS Programs in Kentucky.  VETS administers the Homeless Veterans grant, provides transitional assistance to veterans coming out of the military, conducts investigation of alleged violation of or disputes arising under the Uniformed Services Employment and ReEmployment Rights Act (USERRA) and is responsible for monitoring the Local Veterans Employment Representative (LVER) and the Disabled Veterans Outreach Program (DVOP) administered by the Kentucky Office of  Employment and Training. 

Charles R. "Rick" Netherton
, Director
Bonnie J. Kunkle, VPA

Veterans' Employment & Training Service
U.S. Department of Labor
Office of  Employment and Training
275 East Main Street
(CHR Building), 2nd Floor West
Frankfort, Kentucky 40621-2339

Telephone: (502) 564-7062
FAX: (502) 564-1476

Robert Kuenzli, VPS
320 Garrard Street
Covington, Kentucky 41011
Telephone: (859) 292-6666
FAX: (859) 292-6708