These limits vary depending on length of ee's leave & whether they suffered or aggravated a disability while serving. Can we extend his DCIP appointment? ... apply for restoration. The law requires Labor to provide employment and reemployment assistance to any Federal employee or applicant who requests it. Must report back to work on the next scheduled work day after safe travel home … Employee’s time limits for reporting back to work. )2 Update on Sam Wright 1.1.3.1—USERRA applies to voluntary service 1.3.1.2—Character and duration of service 1.3.1.3—Timely application for reemployment … Counting service after the effective date of USERRA (12/12/94). these time limits does not mean that restoration rights are forfeited; it only means the agency can take whatever disciplinary action it would normally take for unexcused absences. -Notice requirement. USERRA also has a safe harbor provision that protects returning employees from discharge if they meet certain conditions. Time limits for returning to work now depend, with the exception of fitness-for-service examinations, on the duration of a person’s military service. If the military authorities determine that the military duty cannot be rescheduled or cancelled, the agency is required to permit the employee to perform his or her military duty. If the President declares a national emergency, the remainder of the Ready Reserve - the Individual Ready Reserve and the Inactive National Guard - may be called up. .�9 �:��.�����r�����;�������ʻP`�0j��_��=1�������l��wy���t����3��w@���O�=�`m�(�G�E��meG�Q�g=I�g�*��䄱���l��q���p�����XKlW���. The date of restoration of the annual leave is August 11, 2014. 2) Compensatory Time and Time-Off Awards which were not used within 1 year of earning them, An employee who is a member of the Reserve or National Guard has a dual obligation - to the military and to his or her employer. To assist with understanding the Uniformed Services Employment and Reemployment Rights Act (USERRA), ESGR has partnered with the Department of Labor to create a list of frequently asked questions (FAQs) concerning USERRA. However, the 5-year period does not include any service - (1) That is required beyond 5 years to complete an initial period of obligated service; August 11, 2016, occurs in the 2016 leave year, which ends January 7, 2017. Service of 1 to 30 days. %%EOF Five-year limit. USERRA sets a cumulative limit of 5-years on the amount of military leave you can perform and retain reemployment rights with a given employer. In determining the 5-year total that may not be exceeded for purposes of exercising restoration rights, service performed prior to December 12, 1994, is considered only to the extent that it would have counted under the previous law (the Veterans' Reemployment Rights statute). Beginning on 12 December 1994, all Title 32 military duty counts toward the 5-year limit, unless performed for training under 32 USC 503; or to fulfill A person who is reemployed by an employer under USERRA shall not be discharged, except for cause, within one year after returning to his job … The employee is expected to provide the agency with as much advance notice as possible whenever military duty or training will interfere with civilian work. 502(f) AGR tour on October 13, 1994, (the date USERRA was signed into law), but exercised restoration rights after December 11, 1994, (the date USERRA became fully effective), AGR service prior to December 12 would not count in computing the 5-year total, but all service beginning with that date would count. Some accommodation may be necessary by both parties. (d) Mobilization authority. (a) Counting service after the effective date of USERRA (12/12/94). Electronic Code of Federal Regulations (e-CFR), CHAPTER I - OFFICE OF PERSONNEL MANAGEMENT, PART 353 - RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE INJURY. However, title 32, section 502(f) AGR service is not exempt from the cumulative time limits allowed under USERRA and service after the effective date counts under USERRA rules. Questions regarding employment, reemployment, restoration rights, and benefits coverage during and after such military duty, should be referred to your servicing personnel office. Agencies must re-employ as soon as practicable but no later than 30 days after Thus, if a technician was on a 32 U.S.C. By law, members of the Selected Reserve (a component of the Ready Reserve), can be called up under a presidential order for purposes other than training for as long as 270 days. 331, 332, 359, 360, 367, or 712; (ii) Ordered to or retained on active duty (other than for training) under any provision of law during a war or during a national emergency declared by the President or the Congress, as determined by the Secretary concerned. 2000). To qualify for USERRA’s protections, a service member must report to work or apply for reemployment within certain time limits that depend on the duration of a person’s absence for military service. Most Reserve component members are required, as a minimum, to participate in drills for 2 days each month and in 2 weeks of active duty for training per year. Thus, the employee must schedule and use the restored annual leave no later than January 7, 2017. 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