Page 140 - An Indispensible Resource for Being a Credible Activist

duty), except for fitness-for-service examinations. The time limits for returning to work
are as follows:
● Less than 31 days service. By the beginning of the first regularly scheduled
work period after the end of the calendar day of duty, plus time required to return
home safely and an eight-hour rest period. If this is impossible or unreasonable,
then as soon as possible;
● 31 to 180 days. The employee must apply for reemployment no later than 14
days after completion of military service. If this is impossible or unreasonable
through no fault of the employee, then as soon as possible;
● 181 days or more. The employee must apply for reemployment no later than
90 days after completion of military service;
● Service-connected injury or illness. Reporting or application deadlines are
extended for up to two years for persons who are hospitalized or
convalescing.

USERRA also guarantees pension plan benefits that accrued during military service,
regardless of whether the plan is a defined benefit plan or a defined contribution plan.
USERRA provides that service members activated for duty on or after December 10,
2004 may elect to extend their employer-sponsored health coverage for up to 24 months.
Service members activated prior to 12/10/04 could elect to extend coverage for up to 18
months. Employers may require these individuals to pay up to 102 percent of total
premiums for that elective coverage. In addition, USERRA prohibits employment
discrimination against a person on the basis of past military service, current military
obligations, or an intent to serve.
The Veterans’ Employment and Training Service (VETS) enforces USERRA.
However, the law also allows an employee to enforce his or her rights by filing a court
action directly, without filing a complaint with VETS. Compliance assistance
information is available on the VETS Web site: http://www.dol.gov/vets/. Specific
compliance assistance materials available include: the DOL USERRA regulations (20
CFR Part 1002), which implement the law for non-Federal employers; a fact sheet
(OASVET 97-3) about USERRA; the notice/poster to employees of their rights, benefits
and obligations under USERRA; and a non-technical USERRA Guide that contains
general information about the law. Copies of VETS’ publications, or answers to
questions about USERRA, may also be obtained from your local VETS office.
Another compliance assistance resource, the elaws USERRA Advisor, helps
veterans understand employee eligibility and job entitlements, employer obligations,
benefits, and remedies under the Act. For additional compliance assistance, contact the
Department’s Toll-Free Help Line at 1-866-4-USA-DOL. A court may order an employer
to compensate a prevailing claimant for lost wages or benefits. USERRA allows for
liquidated damages for “willful” violations, does not preempt state laws providing
greater or additional rights, but it does preempt state laws providing lesser rights or
imposing additional eligibility criteria. 7

CHAPTER 9 • Roundup of Additional Legal Issues, Procedures, and Obligations 123