Army Statutory Reemployment Rights Agreement
4323. The application of rights to a public or private employer (c) subtitle (a) applies to a person who, because of his or her activity in uniformed services, does not have a job when that person`s cumulative service time in uniformed services, with respect to the employer relationship for which a person is seeking re-employment, no more than five years, except that such a period of service does not involve service time — (2) (A) A person, who is hospitalized for an illness or injury sustained by uniformed services while performing the service or who has recovered from that illness or injury, at the end of the period required to report such a violation or the person`s employer (in the case of a person described in paragraph A or paragraph 1 of paragraph 1 above) , or to apply for re-employment with that employer (in the case of a person described in points C or D) in this paragraph). Unless there are provisions in point B), this payback period may not exceed two years. (i) On the basis of policy measures, the military services strongly recommend that commanders and civil servants allow civilian employers, regardless of their length of service, to verify, upon request, the absence of uniformed service. If a worker does not comply with this recommendation, it will have no impact on the employer`s legal responsibilities under USERRA, including early re-employment. (a) A person re-employed under this chapter is entitled to seniority and other seniority and benefits determined by the seniority that the person had in uniformed services at the time of his or her time in office, plus the additional duties, rights and benefits he or she would have received if the person had remained in uninterrupted care. (a) Dismissal obligation.–Every employer makes available to those who are entitled to the rights and benefits covered by this chapter a communication on the rights, benefits and obligations of these individuals and their employers under this chapter. The publication of the contract notice may meet the contract notice requirement when employers usually place communications for workers. (iii) DOL-VETS receives complaints from veterans and service members who believe their rights to use have been violated. DOL-VETS reviews these complaints and, if the evidence supports the conclusion that the user`s rights have been violated, it will work with the employer and the worker to find an appropriate solution. If these efforts do not succeed, regardless of the outcome, the employee/applicant may request that his or her case be referred to the DOJ or the OSC for further review and verification of representation in the United States.