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Uniformed Services Employment and Reemployment Rights Act (USERRA)

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Download USERRA Poster
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. § 4301 – 4335) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other “uniformed services:” (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service. The federal government is to be a “model employer” under USERRA (38 U.S.C. § 4301).

"Uniformed services" includes the Armed Forces; the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the commissioned corps of the Public Health Service; and any other category of persons designated by the President in time of war or national emergency. For purposes of USERRA coverage only, service as an intermittent disaster response appointee of the NDMS when federally activated or attending authorized training in support of their Federal mission is deemed “service in the uniformed services,” although such appointee is not a member of the “uniformed services” as defined by USERRA.

A requirement of USERRA (38 U.S.C. 4334) is for Employers to "provide to persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. The requirement for the provision of notice under this section may be met by the posting of the notice where employers customarily place notices for employees." The US Department of Labor/Veterans' Employment and Training Service (DOL/VETS) has developed a USERRA Poster that meets this requirement.

ESGR Ombudsman Services Program

The ESGR Ombudsman Services Program was established to provide information, counseling, and mediation on issues related to the Uniformed Services Employment and Reemployment Rights Act (USERRA). ESGR Ombudsman Services consists of a Customer Service Center to answer phone calls and e-mails involving USERRA questions. Specially trained Ombudsmen are available to assist members of the Guard and Reserve in resolving disputes with their civilian employers related to military service in the Uniformed Services through mediation. ESGR Ombudsmen are volunteers located throughout the US and US Territories.

ESGR’s Customer Service Center is available for anyone with a USERRA question. ESGR’s Customer Service Center can be reached Monday thru Friday (except Federal Holidays) 8AM to 6 PM (EST) at 1-800-336-4590 (option 1), by e-mail, or by submitting a USERRA Assistance Request online.

When a conflict arises, at the request of a servicemember a local ESGR Ombudsman can be assigned to assist in resolving the dispute or conflict through mediation. The ESGR Ombudsman will remain neutral, listen to what the servicemember (employee) and employer have to say and provide them information from USERRA and/or the US Code of Federal Regulations to help guide them in reaching an agreement on how to resolve the issue(s). If an agreement cannot be reached, the Ombudsman will notify the servicemember and employer that the servicemember can file a case with the US Department of Labor/Veterans’ Employment and Training Service (DOL/VETS) or hire a private attorney.

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Uniformed Services Employment and Reemployment Rights Act (USERRA)

ESGR Ombudsman Services Program

Ombudsman Services

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