Policy Statement
Employment rights of employees engaged in the armed forces are protected by the Uniformed Services Employment and Reemployment Rights Act.
Reason for Policy
The purpose is to eliminate employment discrimination because of military service and this policy outlines the benefit rights, enforcement mechanisms, and procedures to return to work.
Who Is Governed by this Policy
Faculty, Staff, and Student Employees
Policy
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), eligible employees are granted leaves of absence based upon military service orders as follows:
- Voluntary or involuntary performance of active duty
- Training and military fitness examinations
- Funeral honors duty and other military obligations associated with service in the uniformed services (Army, Navy, Marine Corps, Air Force, Coast Guard, Reserves, Army or Air National Guard, and Commissioned Corps of the Public Health)
Those employees who take a leave of absence to answer the call to serve in the military voluntarily or involuntarily are protected against discrimination on the basis of military service. The University is prohibited from terminating, demoting, or otherwise adversely impacting an employee’s position as a result of uniformed service. In addition, employees may maintain their employer-provided health plan for themselves and their dependents for up to 24 months while performing military service. If an employee enlists or is called to active military duty or training, they should notify the Human Resources Department immediately.
If an employee is eligible to be reemployed, the University must restore the employee to the job and benefits the employee would have attained if they had not been absent due to military service, or in some cases, to a comparable job.
Enforcement:
The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations.
To file a complaint call 1-866-4-USA-DOL or visit the VETS website at http://www.dol.gov/vets
Procedures
In order to gain these protections the following requirements must be met:
- Give advanced written or verbal notice to the University (see note below)
- Have five years or less of cumulative service in the armed forces while employed at the University
- Reapply for employment or return to work in a timely manner when service has concluded
- Not have been separated from service from a disqualifying discharge or under other than honorable conditions
Note: Employees must provide advance written or verbal notice to their Department Chair, Supervisor, and/or Human Resources for all military duty unless giving notice is not possible, unreasonable or precluded by military necessity.
Document History
Policy Origination Date: August 1, 2023
Who Approved This Policy
Associate Vice President of Human Resources
Contact
Associate Director of Human Resources
Rivers Memorial