Uniformed Services Employment and Reemployment Rights

To protect and facilitate the smooth and prompt reemployment of members of the uniformed services (to include National Guard and Reserves) following performance of qualifying service. Also, to prohibit discrimination in employment and acts of reprisal against persons because of their obligation in the uniformed services, filing a claim, seeking assistance concerning an alleged violation, testifying in a proceeding, or otherwise participating in an investigation.

Persons performing voluntary or involuntary service in the uniformed services (includes active duty, active duty for training, initial active duty for training, inactive duty training, full time National Guard duty,the period absent from employment while being examined to determine fitness for such, and specified duty or training by intermittent appointees of the National Disaster Medical System) Claimants must conform to all statutory eligibility requirements, including notification, intent, and timeliness of actions. Entitlement terminates upon separation from uniformed service with a bad conduct or dishonorable discharge or upon separation under other than honorable conditions, a "dismissal" or "dropping from the rolls" pursuant to sections 1161(a) and 1161(b) of Title 10, U.S. code.

Persons performing voluntary or involuntary service in the uniformed services (includes active duty, active duty for training, initial active duty for training, inactive duty training, full time National Guard duty, the period absent from employment while being examined to determine fitness for such and specified duty or training by intermittent appointees of the National Disaster Medical System). Claimants must conform to all statutory eligibility requirements, including notification, intent, and timeliness of actions.

Applicants should be able to provide evidence of pre-service employment, proper notification, length and character of service, and proper request for reinstatement.

To assist persons who perform service in the uniformed services to secure employment or prompt reinstatement with their pre-service employers, and to secure the crediting of all seniority rights and benefits to that employment. To provide information and assistance to employers and to labor organizations and other elements of the community concerned with veterans' employment and reemployment. The Department of Labor - Veterans' Employment and Training Service investigates complaints with the goal of voluntary resolution of veterans' employment and reemployment problems. Unresolved complaints are referred to the Department of Justice or to the Office of Special Counsel upon request for consideration for representation in the Federal District courts or before the Merit Systems Protection Board.

Contact the nearest Department of Labor, Veterans' Employment and Training Service (USDOL-VETS) office listed in Appendix IV of the Catalog.

The statute authorizes court review for unresolved complaints. Private action is also authorized; contact the nearest USDOL-VETS office listed in Appendix IV of the Catalog for the procedure.