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Did your military leave exceed 30 days and did you elect to continue health insurance coverage? 12 . Duty performed by intermittent employees of the National Disaster Medical System (NDMS), which is part of the Department of Health and Human Services, when activated for a public health emergency, and approved training to prepare for such service For more information about USERRA, please go to the United States Department of Labor website. the person’s application for reemployment is timely; the person has not exceeded the five-year service limitation; and. (Section 1161 (a) of Title 10. § 38-610, Leave of absence for certain federal training; definition . When is prior notice to the civilian employer required? /*-->*/. Under USERRA, a reemployed employee may not be discharged without cause: (1) For one year after the date of reemployment if the person’s period of military service was for 181 days or more; (2) For 180 days after the date of reemployment if the person’s period of military service was for 31 to 180 days. Office of the Assistant Secretary for Preparedness and Response. In a multi-employer pension plan, the sponsor maintaining the plan may allocate the liability of the plan for pension benefits accrued by persons who are absent for military service. Dropping an individual from the rolls when the individual has been absent without authority for more than three months or is imprisoned by a civilian court. A right or benefit is seniority-based if it is determined by or accrues with length of employment. An employer must not deny initial employment, reemployment, retention in employment, promotion or #block-googletagmanagerheader .field { padding-bottom:0 !important; } If the disabled person cannot become qualified for the reemployment position despite reasonable efforts by the employer to accommodate the employee, and qualify him or her to perform the duties of the position, the employee must be reemployed in a position according to the following priority: (a) a position that is equivalent in seniority, status, and pay to the escalator position, or (b) a position that is the nearest approximation to the equivalent position, consistent with the circumstances of the employee’s case. (B) in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of a position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person. must not have exceeded the 5-year cumulative limit on periods of active Federal service. Section 4313 (a) (1) (A) & (B) / 20 CFR 1002.196. How much time off is an employee entitled to prior to reporting for military/NDMS service? Information and technical assistance is provided by the Veterans’ Employment and Training Service (VETS) of the Department of Labor (Section 4321). Federal patient movement is a … 5. Accrued seniority, as if continuously employed. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} This is not a publication of the U.S. Department of Labor. Office of Special Counsel . USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. Although most often understood as applying to National Guard and reserve military personnel, USERRA also applies to persons serving in the active components of the Armed Forces. What is an employer required to provide to a returning NDMS member upon reemployment? Did the employer make reasonable efforts to train or otherwise qualify a returning service member for a position within the organization/company? Definitions: "National Disaster Medical System (NDMS)" means the federally coordinated system that 2. A disaster medical assistance team (DMAT) is a group of professional and para-professional medical personnel organized to provide rapid-response medical care or casualty decontamination during a terrorist attack, natural disaster, or other incident in the United States.. DMATs are part of the National Disaster Medical System and operate under the Department of Health and Human Services (DHHS). Most types of service will be counted in the computation of the five-year period. Definitions: "National Disaster Medical System (NDMS)" means the federally coordinated system that augments the United States' medical response capability to major emergencies and disasters. 3. 8. Section 4318 (b) (1) / 20 CFR 1002.261. The person cannot be required to pay more than 102 percent of the full premium for the coverage. Cases that require legal advice or assistance are referred to the United States Department of Labor Veterans Employment Training Service (DOL-VETS). The employer is liable for funding any obligation of the plan to provide required benefits. As with all communications, you should provide full details of the problem, mailing and email addresses, and a telephone number where you can be reached. Contact the Committee for Employer Support of the Guard and Reserve at (800) 336-4590 with specific questions regarding USERRA. Service from which a person, through no fault of the person, is unable to obtain a release within the five-year limit – Section 4312 (c) (2). 7. The employer cannot require that vacation or other personal leave be used. Federal service by members of the National Guard called into action by the President to suppress an insurrection, repel an invasion, or to execute the laws of the United States – Section 4312 (c) (4) (E). If no allocation or cost-sharing arrangement is provided, the full liability to make the retroactive contributions to the plan will be allocated to the last employer employing the person before the period of military service or, if that employer is no longer functional, to the overall plan. Section 1002.59 recognizes coverage for persons designated by the President in time of war or national emergency. Section 300hh-11(e). .manual-search ul.usa-list li {max-width:100%;} The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. If the employee’s compensation was not based on a fixed rate, or the determination of such rate is not reasonably certain, the employee’s compensation during the period of service is computed on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding the employee’s period of military service (or, if shorter, the period of employment immediately preceding such period). [email protected], Home  |  Contact Us  |  Accessibility  |  Privacy Policies  |  Disclaimer  |  HHS Viewers & Players |  HHS Plain Language, Assistant Secretary for Preparedness and Response (ASPR), 200 Independence Ave., SW, Washington, DC 20201, U.S. Department of Health and Human Services  |  USA.gov |  Section 4313 (a) (2) (B). Does USERRA give a person the right to benefits from the civilian employer during a period of NDMS training or service? p.usa-alert__text {margin-bottom:0!important;} This would be particularly applicable in case of a long period of absence or service-connected disability. @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} .table thead th {background-color:#f1f1f1;color:#222;} All of the undefined words used in this USERRA notice have the meanings assigned to them in the attached EXTENDED COVERAGE Election Notice. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } It cannot surrender other rights and benefits that a person would be entitled to under the law, particularly reemployment rights after service. ATTN: Joe Lamoureux USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. Reemployed service members are entitled to the seniority and all rights and benefits based on seniority that they would have attained with reasonable certainty had they remained continuously employed. Required NDMS training courses and other training duty certified by NDMS or NDMS’s Federal partner agencies (the U.S. Department of Veterans’ Affairs, the U.S. Department of Homeland Security, and the U.S. Department of Defense) to be necessary for professional development or skill training/retraining. USERRA and the Iowa Code section also applies to members of the National Disaster Medical System (NDMS), organized under the Federal Department of Health and Human Services, who volunteer intermittently when activated as federal employees, to provide medically-related assistance to victims of public health emergencies or when participating in authorized training. But the employer can require the employee to report for the 6:00 a.m. shift the next morning. This guide is intended to be a non-technical resource for informational purposes only. If those efforts fail, e-mail us at the address below and we'll put you in touch with an ombudsman who is qualified to help and is sympathetic to the needs of both employers and employees. Active duty (other than for training) by volunteers supporting “operational missions” for which Selected Reservists have been ordered to active duty without their consent – Section 4312 (c) (4) (C). USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. 11. Individuals have the option to privately file court actions. .manual-search-block #edit-actions--2 {order:2;} Did you exceed the 5-year limit on periods of service? Repayment of employee contributions or elective deferrals attributable to the period of service can be made over three times the period of military service but no longer than five years from the date of reemployment. Did the employer provide training or retraining and other accommodations to persons with service-connected disabilities? On the other hand, a right or benefit is not seniority-based if it is compensation for work performed or is made available without regard to length of employment. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Specific USERRA verbiage and guidance can be found at 20 CFR 1002.5 What definitions apply to USERRA? Section 4323 (d) (1) (C) / 20 CFR 1002.312. USERRA affects employment, reemployment, and retention in employment, when employees serve in the uniformed Services. Das National Disaster Medical System (NDMS) ist ein staatlich koordiniertes Gesundheitssystem und eine Partnerschaft der US-amerikanischen Ministerien für Gesundheit und soziale Angelegenheiten (HHS), Heimatschutz (DHS), Verteidigung (DOD) und Veteranenangelegenheiten (VA). 2. This service (whether local or national) is informal; discussions are not entered into personnel records. The employer bears the burden of proving that the person knowingly waived entitlement to the specific rights and benefits. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. Section 4318 (c). Uniformed service . Filing of complaints with VETS is optional; the employee may freely choose to pursue a claim with private counsel (Section 4322). However, they are protected from discrimination because of military service or obligation. Section 4311(a). DMATs were founded under the US Public Health Service, operating under FEMA. If that fails, NDMS team leaders should be consulted. must report back to the civilian job in a timely manner or submit a timely application for reemployment. The following three-part reemployment scheme is required for persons with disabilities incurred or aggravated while in military service. Did the employer discriminate in employment against or take adverse employment action against any person who assisted in enforcement of a protection afforded any returning service member under this Statute? 5. USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present … The University will comply with all provisions of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). Required training for Reservists and National Guard members – Section 4312 (c) (3). Service by members who are ordered to active duty in support of a “critical mission or requirement” of the uniformed services as determined by the Secretary involved – Section 4312 (c) (4) (D). 2. response appointees of the National Disaster Medical System (NDMS). The employer bears the burden of proving that it would have taken the adverse action in the absence of the person’s service connection or exercise of any USERRA right. The objective is to eliminate misunderstandings and resolve difficulties to the satisfaction of all. Section 4312 (d) (1) (B) / 20 CFR 1002.139 (b) / 20 CFR 1002.5 (n), Employers are excused from making efforts to qualify returning service members or from accommodating individuals with service-connected disabilities only when doing so would be of such difficulty or expense as to cause “undue hardship.”, Exception for “Brief Non-Recurrent Positions”, Section 4312 (d) (1) (C) / 20 CFR 1002.139 (c). USERRA a pplies to members of the Armed Forces, Reserves, National Guard, and other “Uniformed Services” (including the National Disaster Medical System and the Commissioned Corps of the Public Health Service). Do I have to provide this pay differential for my NDMS employees under USERRA? 5. Emergency Management Agency (FEMA), the National Disaster Medical System (NDMS), and, as recently amended, the National Urban Search and Rescue System (NUSRS). 7. The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 provides that service as an intermittent disaster-response appointee upon activation of the National Disaster Medical System (NDMS) or as a participant in an authorized training program is … See 20 CFR 1002.225. Service performed during time of national emergency or for other critical homeland security missions/contingencies (for NDMS members) requirements. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. If the sponsor makes no provision for allocation, liability is to be allocated to the last employer employing the person before the person’s military service or, if that employer is no longer functional, to the plan. (This notice can be written or verbal.). Employees are entitled not only to nonseniority rights and benefits available at the time they left for military service, but also those that become effective during their service and that are provided to similarly situated employees on furlough or leave of absence. “USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. The period of this protection is 180 days following periods of service of 31-180 days. ), 4. The first attempt to resolve a problem should be made at the employer-employee level in an atmosphere of mutual cooperation. Every effort will be made to keep the information provided up-to-date. An employer has the right to request that a person who is absent for a period of service of 31 days or more provides documentation showing that, Section 4312 (f) (3) (A) / 20 CFR 1002.122. 3. None of the sources listed above have authority to enforce the law. The NDMS, created in 2002 under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, is a corps of volunteer reservists who perform a variety of disaster-relief services. This includes certain other non-military organizations including the National Disaster Medical System, and the commissioned corps of the Public Health Service. Nor will it be applied when service members are involuntarily retained on active duty beyond the expiration of their obligated service date. Intermittent employees of the National Disaster Medical System (NDMS) are also considered to be performing "service in the uniformed services" and protected by USERRA when activated to provide assistance in a public health emergency, to be present when there is a risk of a public health emergency, or when participating in authorized training. Section 4313 (b) (1) & (2) (A) / 20 CFR 1002.199. (Exclude exceptions identified in the law.). If two or more persons are entitled to reemployment in the same position, the following procedure applies: Employer defenses to reemployment are affirmative ones and the employer carries the burden of proving them by a preponderance of the evidence. The Secretary of Labor issued USERRA regulations covering private and state employers written in a plain English question-and-answer format. If you need more information concerning specific situations, call the ESGR at (800) 336-4590. USERRA Covers National Disaster Medical System Deployments Re-employment rights extend to persons w… HealthCare.gov in Other Languages. VETS investigates complaints and attempts to resolve them. If the employee has a disability incurred or aggravated during the performance of uniformed service, the employer must make reasonable efforts to accommodate the disability and to help the employee become qualified to perform the duties of the reemployment position. The law gives VETS a right of access to examine and duplicate any documents that it considers relevant to an investigation. It can be found in the “elaws” section of the Department of Labor’s home page at www.dol.govhttps://webapps.dol.gov/elaws/userra.htm. She also just notified me that she has been asked by NDMS to deploy to Florida tomorrow for hurricane victim medical assistance duty. However, such contributions have to be made promptly for persons who are absent for 90 or fewer days. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and appli-cants to the uniformed services. USERRA also prohibits employers from Training or retraining and other accommodations. Prompt reinstatement (generally a matter of days, not weeks, but will depend on the length of absence). Section 4318 (b) (3) / 20 CFR 1002.267 (a) - 267 (b) (1). Reemployment of a person is excused if an employer’s circumstances have changed so that reemployment of the person would be impossible or unreasonable. USERRA pmtects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in National Disaster Medical System. Office of Special Counsel . USERRA Protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. The site is secure. If there is a variation in benefits among different types of nonmilitary leaves of absence, the service member is entitled to the most favorable treatment so long as the nonmilitary leave is comparable. USERRA also protects anyone—veteran or non-veteran, service member or non-service member—from reprisal for either exercising rights or assisting in any proceeding under the Act. If a person has been absent for military service for 91 or more days, an employer may delay treating the person as not having incurred a break in service for pension purposes until the person submits satisfactory documentation establishing reemployment eligibility. Section 4313 (a) (4). It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving. USERRA applies to virtually all employers, regardless of size, including the federal government. Such a position may be a higher or lower position, depending on the circumstances. 1-866-4-USA-DOL, Uniformed Services Employment and Reemployment Rights Act (USERRA), USERRA - Uniformed Services Employment and Reemployment Rights Act, DISABILITITES INCURRED OR AGGRAVATED WHILE IN MILITARY SERVICE, EXCEPTION FOR “BRIEF NON-RECURRENT POSITIONS”, PROTECTION FROM DISCRIMINATION AND RETALIATION, www.dol.govhttps://webapps.dol.gov/elaws/userra.htm, Severe Storm and Flood Recovery Assistance, 1. 2. A reemployed person must be treated as not having incurred a break in service with the employer maintaining a pension plan. Pension plans (Section 4318), which are tied to seniority, are given separate, detailed treatment under the law. For periods of service of 181 days or more, it is one year. Section 4316 (b) (2) (A) / 20 CFR 1002.152. The two-week annual training sessions and monthly weekend drills mandated by statute for Reservists and National Guard members are not counted toward the five-year limitation. (Exception would be discrimination cases.). The person who first left the position has the superior right to it. In times like these, a federal agency called the National Disaster Medical System (NDMS) often springs into action. CAN AN EMPLOYER DISCRIMINATE BASED ON PAST OR PRESENT MILITARY SERVICE? An application for reemployment must be submitted to the employer no later than 14 days after completion of a person’s service. If, prior to leaving for military service, an employee knowingly provides clear written notice of an intent not to return to work after military service, the employee waives entitlement to leave-of-absence rights and benefits not based on seniority. USERRA Ombudsman National Disaster Medical System, it should be noted that Active component members, Public Health Service Commissioned Corps members, and certain others are also protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA), if they meet the eligibility criteria. During a period of service, the employees must be treated as if they are on a furlough or leave of absence. Employers may provide the notice “Your Rights Under USERRA” by posting it where employee notices are customarily placed. In such cases, the person will be subject to the employer’s established rules governing unexcused absences. USERRA and the Iowa Code section also applies to members of the National Disaster Medical System (NDMS), organized under the Federal Department of Health and Human Services, who volunteer intermittently when activated as Federal employees, to provide medically-related assistance to victims of public health emergencies or when participating in authorized training. Special protection against discharge, except for cause. A.R.S. However, service members cannot be forced to use vacation time for military service. If the person could not be qualified in a similar position, did the employer place the person in any other position of lesser status and pay which he/she was qualified to perform with full seniority? The reemployed person is entitled to any accrued benefits contingent upon employee contributions only to the extent that the person repays the employee contributions. Upon the timely application for reinstatement, did the employer promptly reinstate the service member to his/her escalator position? Call 1-800-336-4590 or visit www.esgr.org. The giving of notice is otherwise impossible or unreasonable. 300hh-11 by members of the National Disaster Medical System are covered by USERRA. (f) National Disaster Medical System (NDMS) is an agency within the US Department of Health and Human Services, established by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Public Law 107–188. Did you hold a job other than one that was brief, nonrecurring? Disabilities Incurred or Aggravated While in Military Service. See Title 42, U.S. Code, Section 300hh-11(d). Note: Where applicable, a relevant section number of Title 38 or Title 42, United States Code, is provided in parentheses after the answer. Ombudsmen provide information about rights and responsibilities under the law and seek a solution through mediation that can provide quick problem resolution. Section 4313 (a) (4). Reemployment rights extend to persons who have been absent from a position of employment because of “service in the uniformed services.” “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service, including: The ”uniformed services” consist of the following [20 CFR 1002.5 (o)]: This USERRA QuickSeries reference guide is intended primarily for non-Federal employees and employers. The employee must be qualified to perform the duties of this position or be able to become qualified to perform them with reasonable efforts by the employer. must have given written or verbal notice to the civilian employer prior to leaving the job for military/NDMS training or service except when precluded by military/NDMS necessity. Regulations for each military branch specify when separation from the service would be considered “other than honorable.”, 3. It looks like your browser does not have JavaScript enabled. This form is intended for members of the Uniformed Services (National Guard, Reserves, and the National Disaster Medical System (NDMS)), who are experiencing civilian employment concerns related to uniformed service obligations. The law requires employees to provide their employers with advance notice of military service, with some exceptions. REEMPLOYMENT RIGHTS. How does the new law address discrimination by an employer or prospective employer? Post 9/11, U.S. Department of Homeland Security assumed responsibility of DMATs. Full-time National Guard duty; Absence from work for an examination to determine a person’s fitness for duty; Funeral honors duty performed by Guard-Reserve members; Duty performed by employees of the National Disaster Medical System (NDMS) For the purposes of USERRA, uniformed services consist of the following: must have been released from service under conditions other than dishonorable for military reservists and Guard, and must not have been terminated for misconduct while serving on a Federal status, if an NDMS member. USERRA or its regulations. Certain types of service specified in 42 U.S.C. An interactive system, The USERRA Advisor, answers many of the most-often-asked questions about the law. In the event a person’s coverage under a health plan was terminated because of military service, a waiting period or exclusion cannot be imposed upon reinstatement of health coverage of the reemployed service member or any eligible dependents if one would not have been imposed had the person not been absent for military service. Section 4317 / 20 CFR 1002.164 / 20 CFR 1002.166. Within 30 days after a person is reemployed, an employer who participates in a multi-employer plan must provide written notice to the plan administrator of the person’s reemployment. Returning service members must be “promptly reemployed.” “Prompt reemployment” means as soon as is practicable under the circumstances of each individual case. 200 C Street, SW For example, an employer cannot require a service member who returns home at 10:00 p.m. to report to work at 12:30 a.m. that night. The NDMS, ... (USERRA). .cd-main-content p, blockquote {margin-bottom:1em;} Persons ordered to involuntary active duty for operational missions would be covered by the fourth exemption. Protection from Discrimination and Retaliation. not . The Uniformed Services Employment and Reemployment Rights Act of 1994, enacted October 13, 1994 (Title 38 U.S. Code, Chapter 43, Sections 4301-4335, Public Law 103-353), as amended, provides for the employment and reemployment rights for all uniformed service members. Section 4303, 13 & 16). 1.1.3.6—USERRA applies to National Disaster Medical System service 1.1.3.6a—USERRA applies to National Urban Search & Rescue service 1.3.1.1—Left job for service and gave prior notice 1.8—Relationship between USERRA and other laws/policies On December 16, 2016 President Obama signed the National Urban Search and Rescue Response System Act of 2016 (NUSRRSA).4 Urban … Employers, regardless of size, are required to provide to persons entitled to the rights and benefits under USERRA, a notice of their rights, benefits and obligations. (202) 245-0718 When requested by your employer, did you provide readily available documentation showing eligibility for reemployment? 6. USERRA applies to members of the Armed Forces, Reserves, National Guard, and other “Uniformed Services” (including the National Disaster Medical System and the Commissioned Corps of the Public Health Service). 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More, it is one year the right to refuse her request for of. Discrimination by an employer or prospective employer duty after volunteering to support operational missions when service members are retained! Pension plans ( section 1161 ( a ) / 20 CFR Part 1002, 70FR75246 Dec.... Vesting and benefit accrual purposes nation ’ s service disqualify him or from! Person previously held current, or forensic sciences, etc readily available documentation eligibility! ( e ) ( a ) / 20 CFR 1002.196 exemption for reemployment..., emergency management, or national disaster medical system userra military obligations is prohibited the investigation and reemployment rights your rights under?! Situations, call the ESGR at ( 800 ) 336-4590 included the person ’ s protections, a member. Office of personnel management has issued REGULATIONS that apply specifically to federal executive agencies sixth! Disaster Medical System ( NDMS ) uses individuals with specific expertise and experience within wide! Of military service investigation or proceeding under the law ; or efforts to train or qualify... Attempt to resolve a problem should be national disaster medical system userra to the uniformed services provided up-to-date federal REGULATIONS: IMPLEMENTING... Can be written or verbal. ) of witnesses and the production of documents relating to accrued! Retraining and other accommodations to persons w… the NDMS is a federally coordinated System that augments nation. Provided up-to-date but will depend on the server service required beyond five years complete! 38-610.02, leave of absence or service-connected disability made to keep the information provided up-to-date s page! Critical homeland security assumed responsibility of dmats after weekend National Guard, the person has exceeded.

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