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“REEMPLOYMENT RIGHTS OF OUR SELECTED RESERVISTS” mentioning the U.S. Dept of Labor was published in the Extensions of Remarks section on pages E1016 on May 19, 1999.
The publication is reproduced in full below:
REEMPLOYMENT RIGHTS OF OUR SELECTED RESERVISTS
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HON. LANE EVANS
of illinois
in the house of representatives
Wednesday, May 19, 1999
Mr. EVANS. Mr. Speaker, the activation and deployment of uniformed service members to the Balkans area has generated numerous inquiries about the reemployment rights of members of the National Guard and Reserves who are required to leave a position of employment to answer a call to duty.
I hope the following explanation will provide all of my colleagues some basic information on the law that provides these rights and guidance on what a constituent who might contact you concerning this issue can do to receive more information and assistance.
The job entitlements of our citizen-soldiers are provided by the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, at 38 U.S. Code, Section 4310-4333. The Veterans' Employment and Training Service (VETS) of the Department of Labor administers and enforces USERRA.
USERRA provides that a person be promptly reemployed following completion of qualifying military service. The position to which the person is entitled is essentially the position he or she would have attained had the military absence not occurred. To be eligible for reemployment rights, the person must generally give the employer prior notice of the military duty and the employee must have received a discharge from the military that is not punitive in nature. For example, an honorable discharge would qualify, but not a dishonorable or bad conduct discharge. There is a cumulative 5-year limit of military service after which an employer is not obliged to reemploy a returning service member. There are important exceptions to the 5-year limit, including voluntary duty in support of an emergency situation or war, involuntary callups for operational missions or contingencies, and required training of National Guard and Reserve members.
Mr. Speaker, the Department of Labor's Veterans Employment and Training Service (VETS) maintains a website on the Internet that contains USERRA information designed to help protected persons and employers understand the law. The ``USERRA Advisor'' can be found on the VETS home page at www.dol.gov/dol/vets. VETS also has offices in each of the States that can provide information and assistance for your constituents as well as your District office staff members. VETS offices are listed in the Blue Pages of local telephone directories under the U.S. Department of Labor.
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