|
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.
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
|
