The NDMS, ... (USERRA). USERRA reemployment rights apply if the cumulative length of service that causes a person’s absences from a position does not exceed five years. Did the employer allow the service member a leave of absence? (generally, Section 4313). NDMS members or their employers who experience problems resulting from employee participation in the NDMS, may request assistance from one of ESGR's ombudsmen. 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. Subject to the rules and exceptions discussed below, USERRA guarantees an employee returning from military service or training the right to be reemployed at his or her former job (or as nearly comparable a job as possible) with the same benefits. The reemployment position with the highest priority in the reemployment schemes reflects the “escalator” principle that has been a key concept in federal veterans’ reemployment legislation. For NDMS … Certain types of service specified in 42 U.S.C. 12 . 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. The employer cannot require that vacation or other personal leave be used. Separation from the service under other than honorable conditions. (38 USC 4312). 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 … Who has the burden of proof in USERRA discrimination cases? Does USERRA give a person the right to benefits from the civilian employer during a period of NDMS training or service?   For example, as a result of the attacks on the World Trade Center in New York City, President Bush declared that a national emergency existed and members of the Ready Reserve were called to active duty. 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. 2. This includes certain other non-military organizations including the National Disaster Medical System, and the commissioned corps of the Public Health Service. 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. The person cannot be required to pay more than 102 percent of the full premium for the coverage. USERRA Covers National Disaster Medical System Deployments USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. § 38-610, Leave of absence for certain federal training; definition . Defined benefit plans, defined contribution plans, and profit-sharing plans that are retirement plans are covered. Specific questions should be addressed to the State director of the Veterans’ Employment and Training Service listed in the government section of the telephone directory under U.S. Department of Labor. 5. 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. Cases that require legal advice or assistance are referred to the United States Department of Labor Veterans Employment Training Service (DOL-VETS). Ordered to service, or to remain on active duty (other than for training) because of a war or national emergency declared by the President or Congress – Section 4312 (c) (4) (B). 3. A person whose military service lasted 1 to 90 days must be “promptly reemployed” in the following order of priority: 1. Persons ordered to involuntary active duty for operational missions would be covered by the fourth exemption. While this fact sheet is directed to civilian employers of members of the 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. /*-->*/. Did you hold a job other than one that was brief, nonrecurring? USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and appli-cants to the uniformed services. Now that USERRA has been enacted, can a person serve an additional five yearsand still have reemployment rights? However, if, after reemploying the person, documentation becomes available that shows one or more of the reemployment requirements were not met, the employer may terminate the person and any rights or benefits that may have been granted. What if a person is not qualified for the reemployment position? Are there reemployment rights following voluntary NDMS service? (Section 1161 (a) of Title 10. National Guard members (and National Disaster Medical System reservists) are protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). p.usa-alert__text {margin-bottom:0!important;} Section 4313 (a) (4). >. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } If a person’s health plan coverage would terminate because of an absence due to military service, the person may elect to continue the health plan coverage for up to 24 months after the absence begins or for the period of service (plus the time allowed to apply for reemployment), whichever period is shorter. 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. service. How is such notice to be given? Uniformed service . 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. Ombudsmen provide information about rights and responsibilities under the law and seek a solution through mediation that can provide quick problem resolution. DMATs were founded under the US Public Health Service, operating under FEMA. National Guard –Service in the U.S. Public Health Service Commissioned Corps –Service in the National Disaster Medical System (NDMS) and the National Language Service Corps (NLSC) –An examination to determine fitness for military service .manual-search-block #edit-actions--2 {order:2;} Recruiting and inspector general complaints should be forwarded to the appropriate agencies. It looks like your browser does not have JavaScript enabled. The following three-part reemployment scheme is required for persons with disabilities incurred or aggravated while in military service. Section 4313 (a) (2) (B). 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. 4. National Disaster Medical System (NDMS) Department of Health and Human Services. Section 12304. An application for reemployment must be submitted to the employer no later than 90 days after completion of a person’s military service. Military service must be considered service with an employer for vesting and benefit accrual purposes. The National Disaster Medical System (NDMS) uses individuals with specific expertise and experience within a wide range of professions. Employers may provide the notice “Your Rights Under USERRA” by posting it where employee notices are customarily placed. Office of the Assistant Secretary for Preparedness and Response. 7. The objective is to eliminate misunderstandings and resolve difficulties to the satisfaction of all. In connection with USERRA’s health plan provisions, liability for employer contributions and benefits under multi-employer plans is to be allocated by the plan sponsor in such manner as the plan sponsor provides. Did you notify the employer that you would be leaving the job for military training or service? 11. Post 9/11, U.S. Department of Homeland Security assumed responsibility of DMATs. 8. 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. 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. Service members must, at their request, be permitted to use any vacation leave that had accrued before the beginning of their military service instead of unpaid leave. CAN AN EMPLOYER DISCRIMINATE BASED ON PAST OR PRESENT MILITARY SERVICE? The employer is liable for funding any obligation of the plan to provide required benefits. The first attempt to resolve a problem should be made at the employer-employee level in an atmosphere of mutual cooperation. If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable, the employee must report back to work as soon as possible after the expiration of the 8-hour period. All of the undefined words used in this USERRA notice have the meanings assigned to them in the attached EXTENDED COVERAGE Election Notice. NDMSUSERRA@hhs.gov, 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 |  Some military specialties, such as the Navy’s nuclear power program, require initial active service obligations beyond five years. Individuals have the option to privately file court actions. (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. This category includes service not only by persons ordered to involuntary active duty, but also service by volunteers who receive orders to active duty. How much time off is an employee entitled to prior to reporting for military/NDMS service? 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. However, service members cannot be forced to use vacation time for military service. Any election that you … Section 4313 (a) (1) (B). Public Health Emergency - Leading a Nation Prepared, Note: This material is for information only and should not be considered as legal authority. Training or retraining and other accommodations. L. 107-188, 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 deemed “service in the uniformed services.” 42 U.S.C. Employers are prohibited from retaliating against anyone (whether or not they have performed military service) who: whether or not the person has performed military service. This was the experience of some persons who served in the Global War on Terror. Accrued seniority, as if continuously employed. Such a position may be a higher or lower position, depending on the circumstances. VETS investigates complaints and attempts to resolve them. The person must report to his or her employer by the beginning of the first regularly scheduled work period that begins on the next calendar day following completion of service, after allowance for safe travel home from the military duty location and an 8-hour rest period. USERRA Notice. In response, the National Disaster Medical System (NDMS), within the U.S. Department of Health and Human Services (HHS), provides medical teams and equipment to support the initial emergency response, transportation, and definitive care for patients who are at-risk or have become seriously ill or injured as the result of the disaster or emergency. However, a health plan is permitted to impose an exclusion or waiting period for coverage of disabilities determined by the Secretary of Veterans’ Affairs (VA) to be service-connected. In other words, the escalator can move up or down. Employers are also prohibited from discriminating on the basis of service in the military, the National Disaster Medical System, and the commissioned corps of the Public Health Service. 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 (added by Pub. 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? (generally, 38 USC 4312). Please turn on JavaScript and try again. 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 time limit for reporting back to work for a person who is absent from work in order to take a fitness-for-service examination is the same as the one above for persons who are absent for 1 to 30 days. The person who first left the position has the superior right to it. 3. 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). An interactive system, The USERRA Advisor, answers many of the most-often-asked questions about the law. The National Disaster Medical System (NDMS) is a federally coordinated healthcare system and partnership of the United States Departments of Health and Human Services (HHS), Homeland Security (DHS), Defense (DOD), and Veterans Affairs (VA). 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. response appointees of the National Disaster Medical System (NDMS). How can they get assistance from an ombudsmen? Note: Where applicable, a relevant section number of Title 38 or Title 42, United States Code, is provided in parentheses after the answer. The University will comply with all provisions of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). She also just notified me that she has been asked by NDMS to deploy to Florida tomorrow for hurricane victim medical assistance duty. (202) 245-0718 What is an employer required to provide to a returning NDMS member upon reemployment? Is an employer entitled to proof that NDMS duty for which an employee was granted a leave of absence was actually performed? 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). .homepage-block > .news-button {display:none} However, they are protected from discrimination because of military service or obligation. 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 … You may be trying to access this site from a secured browser on the server. See 20 CFR 1002.225. 2. 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. A right or benefit is seniority-based if it is determined by or accrues with length of employment. Employers must make reasonable efforts to qualify a returning service member for the reemployment position. The site is secure. 2. USERRA also protects anyone—veteran or non-veteran—from reprisal for either exercising rights or assisting in any proceeding under the statute. Consequently, during their period of service they are entitled to participate in any rights and benefits not based on seniority that are available to employees on comparable nonmilitary leaves of absence, whether paid or unpaid. more information about ESGR Ombudsman Services, see ESGR's Website at: www.esgr.mil, Committee for EmployerSupport of the Guard and Reserve4800 Mark Center Drive, Suite 03E25Alexandria, VA 22350Toll-Free: 800-336-4590. Army, Navy, Marine Corps, Air Force and Coast Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve and Coast Guard Reserve, Army National Guard and Air National Guard, Commissioned Corps of the Public Health Service, Any other category of persons designated by the President in time of war or emergency, Military necessity prevents the giving of notice; or. Most types of service will be counted in the computation of the five-year period. Its contents are not legally binding, nor should they be considered a substitute for the language of the statute or regulations. 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. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. On the other hand, reinstatement following five years on active duty might require reassigning or giving notice to an incumbent employee who has occupied the service member’s position. At the time of providing the notice, the employee must be aware of the specific rights and benefits to be lost. 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. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. How does the new law address discrimination by an employer or prospective employer? (Exception would be discrimination cases.). If the military service was for 30 or fewer days, the person cannot be required to pay more than the normal employee share of any premium. 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. 8. State or local government call ups? Emergency Management Agency (FEMA), the National Disaster Medical System (NDMS), and, as recently amended, the National Urban Search and Rescue System (NUSRS). The Secretaries of the various military branches each have authority to designate a military operation as a critical mission or requirement. Before sharing sensitive information, make sure you’re on a federal government site. These time limits for returning to work depend (with the exception of fitness-for-service examinations) on the duration of a person’s military service. Employers must provide refresher training, and any other training necessary to update a returning employee’s skills so that he or she has the ability to perform the essential tasks of the position. USERRA Ombudsman Did the employer in any way discriminate in employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of past or present membership, performance of service, application for service or obligation for military service? A notice of intent not to return can waive only leave-of-absence rights and benefits. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} 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). Service required beyond five years to complete an initial period of obligated service – Section 4312 (c) (1). (This notice can be written or verbal.). Do I have the right to refuse her request for leave of absence to do NDMS duty? 2. For purposes of determining an employer’s liability or an employee’s contributions under a pension benefit plan, the employee’s compensation during the period of his or her military service will be based on the rate of pay the employee would have received from the employer but for the absence during the period of service. The National Committee for Employer Support of the Guard and Reserve (ESGR) is a Department of Defense agency that provides free USERRA education, consultation and, if necessary, informal mediation services. 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. Every effort will be made to keep the information provided up-to-date. Is there a law governing an NDMS member’s right to reemployment rights after his or her completion of NDMS training or federal active service? [CDATA[/* >