Did you hold a job other than one that was brief, nonrecurring? 7. This form is intended for members of the Uniformed Services (National Guard, Reserves, and the National Disaster Medical System (NDMS)), who are experiencing civilian employment concerns related to uniformed service obligations. 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. .table thead th {background-color:#f1f1f1;color:#222;} Emergency Preparedness âNatural Disasters âTechnological Disasters âTerrorism. Reemployment rights extend to persons who have been absent from a position of employment because of “service in the uniformed services.” “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service, including: The ”uniformed services” consist of the following [20 CFR 1002.5 (o)]: This USERRA QuickSeries reference guide is intended primarily for non-Federal employees and employers. This form is intended for members of the Uniformed Services (National Guard, Reserves, and the National Disaster Medical System (NDMS)), who are experiencing civilian employment concerns related to uniformed service obligations. Within 30 days after a person is reemployed, an employer who participates in a multi-employer plan must provide written notice to the plan administrator of the person’s reemployment. the person’s application for reemployment is timely; the person has not exceeded the five-year service limitation; and. 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. 6. When is prior notice to the civilian employer required? must hold or have applied for a civilian job. If the employee cannot become qualified for the position in either (1) or (2), the person must be employed in a position that, consistent with the circumstances of that person’s case, most nearly approximates the position in (2) in terms of seniority, status, and pay. 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. Some military specialties, such as the Navy’s nuclear power program, require initial active service obligations beyond five years. Office of Special Counsel . USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. The law provides for health benefits continuation for persons who have coverage under a health plan in connection with their employment who are absent from work to serve in the military. 10. Required NDMS training courses and other training duty certified by NDMS or NDMS’s Federal partner agencies (the U.S. Department of Veterans’ Affairs, the U.S. Department of Homeland Security, and the U.S. Department of Defense) to be necessary for professional development or skill training/retraining. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. Employers must make reasonable efforts to qualify a returning service member for the reemployment position. 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. Section 4313 (a) (1) (B). USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. Who has the burden of proof in USERRA discrimination cases? Individuals with a background in the medical and public health services, emergency management, or forensic sciences, etc. Also excluded are additional training requirements certified in writing by the Secretary of the service concerned to be necessary for individual professional development. .manual-search ul.usa-list li {max-width:100%;} p.usa-alert__text {margin-bottom:0!important;} What if a returning NDMS member is disabled? Except with respect to persons who have a disability incurred in or aggravated by military service, the position into which a person is reinstated is based on the length of a person’s military service. National Guard members (and National Disaster Medical System reservists) are protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA). HealthCare.gov in Other Languages. Individuals have the option to privately file court actions. The position may not necessarily be the same job the person previously held. This would be particularly applicable in case of a long period of absence or service-connected disability. This guide is intended to be a non-technical resource for informational purposes only. (B) in the job in which the person was employed on the date of the commencement of the service in the uniformed services, only if the person is not qualified to perform the duties of the position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person. Office of the Assistant Secretary for Preparedness and Response.   If you need more specific information on NDMS issues involving USERRA, contact: National Disaster Medical System USERRA Ombudsman US Department of Health and Human Services The Thomas P. O’Neill Federal Building 200 C Street, SW Washington, DC 20024 ATTN: Joe Lamoureux 202-260-0293 NDMSUSERRA@hhs.gov. If a disability could not be accommodated after reasonable efforts by the employer, did the employer reemploy the person in some other position he/she was qualified to perform which is the "nearest approximation" of the position to which the person was otherwise entitled, in terms of status and pay, and with full seniority? VETS interprets and provides guidance on USERRA, and investigates complaints filed under this law. GobiernoUSA.gov |  They may do so if they have chosen not to file a complaint with VETS, have chosen not to request that VETS refer their complaint to the Attorney General, or have been refused representation by the Attorney General. She also just notified me that she has been asked by NDMS to deploy to Florida tomorrow for hurricane victim medical assistance duty. Specific USERRA verbiage and guidance can be found at Public Health Emergency - Leading a Nation Prepared, Note: This material is for information only and should not be considered as legal authority. .cd-main-content p, blockquote {margin-bottom:1em;} For example, since September 11, 2001, Reservists were involuntarily called to active duty under Federal orders for Operations Noble Eagle, Enduring Freedom and Iraqi Freedom. (B) in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of a position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person. Accrued seniority, as if continuously employed. YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT USERRA protects the job rights of individuals who voluntarily or involun\ tarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. The first attempt to resolve a problem should be made at the employer-employee level in an atmosphere of mutual cooperation. However, such contributions have to be made promptly for persons who are absent for 90 or fewer days. The giving of notice is otherwise impossible or unreasonable. the National Guard, the Public Health Service, and certain types of service in the National Disaster Medical System. If two or more persons are entitled to reemployment in the same position, the following procedure applies: Employer defenses to reemployment are affirmative ones and the employer carries the burden of proving them by a preponderance of the evidence. 3. Office of Special Counsel . Disasters like Hurricane Sandy, the tornadoes in Joplin, MO, and the flooding in Louisiana have shown that major disasters can overwhelm state, local, tribal and territorial resources. Intermittent employees of the National Disaster Medical System (NDMS) are also considered to be performing "service in the uniformed services" and protected by USERRA when activated to provide assistance in a public health emergency, to be present when there is a risk of a public health emergency, or when participating in authorized training. 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. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. Section 4318 (a) (2) (A) / 20 CFR 1002.259. .usa-footer .grid-container {padding-left: 30px!important;} State or local government call ups? A disaster medical assistance team (DMAT) is a group of professional and para-professional medical personnel organized to provide rapid-response medical care or casualty decontamination during a terrorist attack, natural disaster, or other incident in the United States.. DMATs are part of the National Disaster Medical System and operate under the Department of Health and Human Services (DHHS). The employer is liable for funding any obligation of the plan to provide required benefits. VETS investigates complaints and attempts to resolve them. 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). However, no notice is required if: “Military necessity” for purposes of the notice exception is defined in regulations of the Secretary of Defense as “a mission, operation, exercise or requirement that is classified, or a pending or ongoing mission, operation, exercise or requirement that may be compromised or otherwise adversely affected by public knowledge.” See 32 CFR 104.3. Federal service by members of the National Guard called into action by the President to suppress an insurrection, repel an invasion, or to execute the laws of the United States – Section 4312 (c) (4) (E). Notice may be either written or oral. This sixth exemption for the five-year limitation covers persons who are called to active duty after volunteering to support operational missions. On the other hand, a right or benefit is not seniority-based if it is compensation for work performed or is made available without regard to length of employment. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} 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. Section 300hh-11(e). What can NDMS members or their employers do if they experience problems from employee participation in NDMS? What if a person is not qualified for the reemployment position? USERRA Ombudsman Such a position may be a higher or lower position, depending on the circumstances. 300hh-11 by members of the National Disaster Medical System are covered by USERRA. 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. 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). USERRA also protects workers at foreign offices of American companies and American offices of foreign companies, where USERRA doesn’t conflict with the foreign country’s laws. 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. A right or benefit is seniority-based if it is determined by or accrues with length of employment. 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? No. As with all communications, you should provide full details of the problem, mailing and email addresses, and a telephone number where you can be reached. 1. She told me that she has the option to turn down an NDMS deployment, and I am short employees and need her to be at work for our organization. Ordered to involuntary service, or retained on active duty during domestic emergency or national security related situations – Section 4312 (c) (4) (A). 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. In order to qualify for protection, the service mem - C. Comments Addressing the National Disaster Medical System The Department received several comments from an attorney employed by the Federal Emergency Management Agency (FEMA) regarding the rule’s treatment of the National Disaster Medical System (NDMS). A reemployed person must be treated as not having incurred a break in service with the employer maintaining a pension plan. 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. 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