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Employment Rights of the National Guard and Reserve

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Employment Rights of the National Guard and Reserve U.S. Department of Justice United States Attorney Table of Contents Eastern District of North Carolina 310 New Bern Avenue, Suite 800 USERRA.................................... 1 Raleigh, North Carolina 27601 Major sections of the law.................. 2 (919) 856-4530 Federal law.............................3 Applicability ............................ 4 Definitions ............................. 4 Discrimination........................... 5 Eligibility ............................... 5 Notice................................. 6 Five-year limit........................... 6 EMPLOYMENT RIGHTS OF Reemployment procedures ................ 8 THE NATIONAL GUARD & Reemployment position................... 9 RESERVE Reemployment entitlements................ 9 Documentation......................... 10 Health Care ........................... 11 Pensions ............................. 11 Vacations............................. 11 Assistance and enforcement .............. 12 Since the founding of our Republic, the citizen soldier has been ready on-call to leave home and protect our nation. Although the United USERRA Provisions ......................... 13 States has the greatest standing military force in the world today, that Protection of accrual rights................ 13 force cannot accomplish its mission of protecting liberty without the Protection of contributions................ 13 support and augmentation of citizen soldiers, whether from the Army or Air National Guard or from the Army, Navy, Marine, Air Force, or Protection of company match contributions . 13 Coast Guard Reserve. When citizen soldiers leave their families and Protection of loan provisions .............. 14 civilian employment to protect our liberty, we have an obligation to Protection of vesting rights................ 14 them to protect their legal rights. This handbook summarizes and explains in plain language the legal rights of citizen soldiers under three Making It Easier For Civilian Employers Of Those federal statutes: the Uniformed Services Employment and Who Serve In The National-Guard And Reserve . 16 Reemployment Rights Act (USERRA), the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), and the Family and Medical Leave Act (FMLA). USERRA FAQs for Employers ................. 19 We hope citizen soldiers, their family members, and employers find this handbook useful. A Smooth Transition For National Guard And Reserve Members: Avoiding Job Conflicts ...... 27 Talk to your boss....................... 27 Frank D. Whitney Federal Law........................... 28 United States Attorney Eastern District of North Carolina -i- U.S. Department of Justice United States Attorney Table of Contents Eastern District of North Carolina 310 New Bern Avenue, Suite 800 USERRA.................................... 1 Raleigh, North Carolina 27601 Major sections of the law.................. 2 (919) 856-4530 Federal law.............................3 Applicability ............................ 4 Definitions ............................. 4 Discrimination........................... 5 Eligibility ............................... 5 Notice................................. 6 Five-year limit........................... 6 EMPLOYMENT RIGHTS OF Reemployment procedures ................ 8 THE NATIONAL GUARD & Reemployment position................... 9 RESERVE Reemployment entitlements................ 9 Documentation......................... 10 Health Care ........................... 11 Pensions ............................. 11 Vacations............................. 11 Assistance and enforcement .............. 12 Since the founding of our Republic, the citizen soldier has been ready on-call to leave home and protect our nation. Although the United USERRA Provisions ......................... 13 States has the greatest standing military force in the world today, that Protection of accrual rights................ 13 force cannot accomplish its mission of protecting liberty without the Protection of contributions................ 13 support and augmentation of citizen soldiers, whether from the Army or Air National Guard or from the Army, Navy, Marine, Air Force, or Protection of company match contributions . 13 Coast Guard Reserve. When citizen soldiers leave their families and Protection of loan provisions .............. 14 civilian employment to protect our liberty, we have an obligation to Protection of vesting rights................ 14 them to protect their legal rights. This handbook summarizes and explains in plain language the legal rights of citizen soldiers under three Making It Easier For Civilian Employers Of Those federal statutes: the Uniformed Services Employment and Who Serve In The National-Guard And Reserve . 16 Reemployment Rights Act (USERRA), the Soldiers’ and Sailors’ Civil Relief Act (SSCRA), and the Family and Medical Leave Act (FMLA). USERRA FAQs for Employers ................. 19 We hope citizen soldiers, their family members, and employers find this handbook useful. A Smooth Transition For National Guard And Reserve Members: Avoiding Job Conflicts ...... 27 Talk to your boss....................... 27 Frank D. Whitney Federal Law........................... 28 United States Attorney Eastern District of North Carolina -i- Drill Schedules ...................... 28 Veterans' Reemployment Rights (VRR) Annual Training Schedules ............. 29 Expiration of the Veterans Readjustment Appointment Extra training ....................... 29 Authority .................................. 58 Non-Training Active Duty .............. 29 Who is Covered?....................... 58 Emergency / Contingency Duty ......... 30 Basic Provisions/ Requirements............ 58 Scheduling ......................... 30 Assistance Available .................... 60 Vacation........................... 30 Relation to State, Local and Other Federal Vacation Accrual..................... 31 Laws............................ 60 Pay............................... 31 Veterans’ Readjustment Act............... 60 Federal Employees Paid Military Leave . 31 Service Requirements.................... 61 National Guard and Reserve Members that Time Limit ............................ 62 are Students .................. 32 Training Requirement.................... 62 Reward the Boss for Supporting Your Grade Level of Jobs That Can be Filled ...... 62 Service....................... 32 Conditions of Employment. ............... 62 How to Apply........................... 63 USERRA FAQS for Service Members ........... 34 30% or More Disabled Veteran Program......... 64 Employment Rights And Benefits Of Federal Who is Eligible?........................ 64 Civilian Employees Who Perform Active Military Grade Level of Jobs That Can be Filled. ..... 64 Duty...................................... 44 Conditions of Employment. .............. 64 Employee Assistance Programs (EAPs) . 44 Conditions of Qualifications................ 64 Pay............................... 44 How to Apply .......................... 65 Military Leave ....................... 45 Annual Leave ....................... 46 Soldiers' And Sailors' Civil Relief Act........... 66 Leave Without Pay (LWOP) ............ 46 Introduction ........................... 66 Lump-sum Leave Payments ............ 47 Termination of Pre-Service Lease Agreements 66 Health Benefits ...................... 47 Evictions From Leased Housing ............ 68 Termination......................... 48 6% Interest Rate ....................... 68 Return to Active Federal Service ........ 49 Court Proceedings ...................... 69 Life Insurance....................... 50 Installment Contracts and Auto Leases...... 71 Return to Active Federal Service ........ 51 Enforcement of Obligations, Liabilities, Taxes . 71 Retirement ......................... 51 Thrift Savings Plan................... 52 Family and Medical Leave Act (FMLA) .......... 72 Return to Civilian Duty ................ 53 What is the Family and Medical Leave Act? . 72 Appeal Rights ....................... 55 What are the leave eligibility provisions of the Documenting Personnel Actions ......... 55 FMLA?.......................... 72 -ii- -iii- Drill Schedules ...................... 28 Veterans' Reemployment Rights (VRR) Annual Training Schedules ............. 29 Expiration of the Veterans Readjustment Appointment Extra training ....................... 29 Authority .................................. 58 Non-Training Active Duty .............. 29 Who is Covered?....................... 58 Emergency / Contingency Duty ......... 30 Basic Provisions/ Requirements............ 58 Scheduling ......................... 30 Assistance Available .................... 60 Vacation........................... 30 Relation to State, Local and Other Federal Vacation Accrual..................... 31 Laws............................ 60 Pay............................... 31 Veterans’ Readjustment Act............... 60 Federal Employees Paid Military Leave . 31 Service Requirements.................... 61 National Guard and Reserve Members that Time Limit ............................ 62 are Students .................. 32 Training Requirement.................... 62 Reward the Boss for Supporting Your Grade Level of Jobs That Can be Filled ...... 62 Service....................... 32 Conditions of Employment. ............... 62 How to Apply........................... 63 USERRA FAQS for Service Members ........... 34 30% or More Disabled Veteran Program......... 64 Employment Rights And Benefits Of Federal Who is Eligible?........................ 64 Civilian Employees Who Perform
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