Program Descriptions
Program Number
17.803
Title
Uniformed Services Employment And Reemployment Rights
Federal Agency
OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING, DEPARTMENT OF LABOR
Authorization
38 U.S.C. Chapter 43.
Status
Active
Objectives
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.
Types of Assistance
Advisory Services and Counseling; Dissemination of Technical Information; Investigation of Complaints.
Uses and Use Restrictions
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.
Eligibility Requirements
Applicant Eligibility
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.
Beneficiary Eligibility
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.
Credentials/Documentation
Applicants should be able to provide evidence of pre-service employment, proper notification, length and character of service, and proper request for reinstatement.
Application and Award Process
Preapplication Coordination
None. This program is excluded from coverage under E.O. 12372.
Application Procedure
Contact the nearest Department of Labor, Veterans' Employment and Training Service (USDOL-VETS) office listed in Appendix IV of the Catalog.
Award Procedure
Not applicable.
Deadlines
There are no deadlines to request assistance from USDOL-VETS. However, time limits exist for individuals to request reinstatement with their pre-service employers.
Range of Approval/Disapproval Time
Not applicable.
Appeals
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.
Renewals
Assistance Considerations
Formula and Matching Requirements
Not applicable.
Length and Time Phasing of Assistance
Not applicable.
Post Assistance Requirements
Reports
Not applicable.
Audits
Not applicable.
Records
Not applicable.
Financial Information
Account Identification
16-0164-0-1-702.
Obligations
(Salaries and Expenses) Not Separately Identifiable.
Range and Average of Financial Assistance
Not applicable.
Program Accomplishments
Processed 895 new complaint cases in fiscal year 2004, and closed 1,440 cases, of which 84 percent (1,213) were closed in 90 days or less. In addition to providing technical assistance in response to over 186,600 public inquiries, presentations were given to civic, employer, attorney and military organizations and groups. There are no applications for funds involved in this program.
Regulations, Guidelines and Literature
The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 - Chapter 43 of Title 38, United States Code (USC) is available free of charge from USDOL-VETS offices listed in Appendix IV of the Catalog. The "Veterans' Reemployment Rights Handbook," dated 1988 is available at most public libraries. The Handbook is under revision to reflect changes resulting from the enactment of USERRA. However, the information in the 1988 edition retains general applicability. Regulations have not been developed.
Information Contacts
Regional or Local Office
Contact the nearest Department of Labor, Veterans' Employment and Training Service office listed in Appendix IV of the Catalog.
Headquarters Office
Office of Veterans' Employment and Training, Department of Labor, 200 Constitution Avenue, N.W., Room S-1312, Washington, DC 20210. Telephone: (202) 693-4701. Contact: Robert Wilson.
Web Site Address
http://www.dol.gov/dol/vets
Related Programs
16.101, Equal Employment Opportunity
27.002, Federal Employment Assistance For Veterans
64.115, Veterans Information And Assistance
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
Not applicable.
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