Federal Employees and Userra
Executive Summary:
Employer Support of the Guard and Reserve (ESGR) regularly fields inquiries regarding the Uniformed Services Employment and Reemployment Rights Act (USERRA) from service members employed by the Federal Government and from the Federal Government about a service member employee. A vast majority of these questions relate to the application of certain USERRA requirements at the Federal workplace.
To add to the complexity of USERRA’s application in the Federal workplace, the Office of Personnel Management (OPM) regulation provides additional, non-USERRA required benefits to service member employees when performing certain types of military service.
Discussion:
Primarily six (concerns/issues) are regularly raised by service member employees and federal government employers regarding USERRA. ESGR does not have the full view associated with USERRA claims because service members have multiple redress avenues for their USERRA issues or concerns. However, ESGR believes that targeted education and training focused on the six areas below will greatly reduce USERRA cases in the federal government by service member employees. Mandatory USERRA training that specifically includes OPM’s military leave benefits, monitored and tracked similar to the Information Assurance or government Ethics, or Sexual Harassment training would reduce federal USERRA cases.
Frequent Concerns of Service member employees and Federal employer:
Issue 1: Service members feel that they are not properly reinstated to the appropriate position upon completion of military service * Federal agencies fail to reinstate returning service member due to position being filled or position being cut * Service members are not considered for promotional opportunities, miss interviews, face closed application periods upon return from military service * Recommended training focus: * 20 CFR 1002.191-199 and 5 CRF 353.207 to understand reinstatement position requirements
Employer Support of the Guard and Reserve (ESGR) regularly fields inquiries regarding the Uniformed Services Employment and Reemployment Rights Act (USERRA) from service members employed by the Federal Government and from the Federal Government about a service member employee. A vast majority of these questions relate to the application of certain USERRA requirements at the Federal workplace.
To add to the complexity of USERRA’s application in the Federal workplace, the Office of Personnel Management (OPM) regulation provides additional, non-USERRA required benefits to service member employees when performing certain types of military service.
Discussion:
Primarily six (concerns/issues) are regularly raised by service member employees and federal government employers regarding USERRA. ESGR does not have the full view associated with USERRA claims because service members have multiple redress avenues for their USERRA issues or concerns. However, ESGR believes that targeted education and training focused on the six areas below will greatly reduce USERRA cases in the federal government by service member employees. Mandatory USERRA training that specifically includes OPM’s military leave benefits, monitored and tracked similar to the Information Assurance or government Ethics, or Sexual Harassment training would reduce federal USERRA cases.
Frequent Concerns of Service member employees and Federal employer:
Issue 1: Service members feel that they are not properly reinstated to the appropriate position upon completion of military service * Federal agencies fail to reinstate returning service member due to position being filled or position being cut * Service members are not considered for promotional opportunities, miss interviews, face closed application periods upon return from military service * Recommended training focus: * 20 CFR 1002.191-199 and 5 CRF 353.207 to understand reinstatement position requirements