Employment rights of US servicemen safeguarded

The federal government will publish today the first-ever regulations protecting the employment and reemployment rights of U.S. soldiers upon their return to civilian life.

This is the first time since its passage in 1994 that the U.S. Department of Labor has developed regulations to interpret the Uniformed Services Employment and Reemployment Act.

USERRA prohibits discrimination against past and present members of the uniformed services and establishes reemployment rights for service members who want to return to the jobs they held prior to service.

The final regulations will appear in the Dec. 19, 2005 edition of the Federal Register, the U.S. Labor Department announced Friday.

The federal agency said the new regulations are drafted in an easy-to-read, question-and-answer format. They explain how USERRA protects against discrimination and retaliation because of military service; prevents service members from suffering disadvantages due to performance of their military obligations, and affords them ample time to report back to jobs following completion of their service obligations.

“Our citizen soldiers put themselves in harm’s way to defend our freedoms, and now it’s our turn to be there for them,” U.S. Labor

Secretary Elaine L. Chao said in a news release. “These regulations provide comprehensive guidance on USERRA, which works to preserve the seniority, promotion, health care, pension and other benefits of our citizen soldiers when they return home to the jobs they left to serve our country.”

Since Sept. 11, 2001, almost 530,000 citizen soldiers have been mobilized, and more than 390,000 of these National Guard and Reserve members have been demobilized, according to the U.S. Labor.

In the Commonwealth, there has recently been one reported question over the employment rights of U.S. servicemen.

This occurred when the Legislative Bureau decided not to renew the employment contract of Peter Towai, an Army Reserve member who was called to serve in Iraq in 2004.

Towai’s contract expired on Sept. 30, 2005.

The minority bloc at the House of Representatives questioned the Legislative Bureau’s decision, saying that it was a violation of Towai’s rights as a U.S. soldier.

The House leadership maintained, however, that the non-renewal of Peter Towai’s contract was justified.

“The contract is not automatically renewable nor does it create any option to renew the contract,” Vice Speaker and incoming Lt. Gov. Timothy Villagomez had said. “Additionally, the contract does not require the bureau to give Mr. Towai notice of non-renewal of his employment contract.

As a courtesy to Mr. Towai, the acting director sent a letter informing Mr. Towai that his employment contract will not be renewed upon its expiration.”