Draft regs to secure jobs of US service members

The U.S. Department of Labor has drafted regulations interpreting the 1994 law that safeguards the employment rights and benefits of service members upon their return to civilian life.

This action by the federal agency represents the first time regulations have been developed to help enforce the Uniformed Services Employment and Reemployment Rights Act since passage of the law in 1994, according to the U.S. Labor Department.

“This is a major step in ensuring that the brave men and women who are risking their lives to preserve freedom and democracy have their jobs and benefits protected when they return home,” Labor Secretary Elaine L. Chao said in a statement. “These regulations will spell out the rights of our returning service men and women and the responsibilities of employers to honor their service. This administration will back up these first-time-ever USERRA regulations with aggressive outreach and enforcement.”

The USDOL said the draft regulations are the latest in a series of proactive steps the department has taken to ensure job security for the largest group of mobilized National Guard and Reserve service members since World War II.

To date, more than 420,000 citizen-soldiers, including some 100 U.S. Army Reserve members from the CNMI, have been mobilized since 9/11.

The regulations interpreting USERRA have been drafted in plain language, and are set forth in an easy-to-read question and answer format.

The regulations explain how USERRA protects against discrimination and retaliation because of military service. It also prevents service members from suffering disadvantages due to performance of their military obligations and affords them ample time to report back to their jobs following completion of their service obligations.

Most significantly, service members can be assured that the Department of Labor stands ready to render assistance when employment concerns arise.

In addition to the regulations, Chao and the DOL’s Veterans’ Employment and Training Services have taken other steps to reduce the rate of USERRA complaints, including:

• Providing briefings to more than 158,000 service members and others on USERRA;

• Responding to almost 26,000 requests for technical assistance;

• Distributing more than 240 televised Public Service Announcements, with a second announcement to be released shortly; and

• Addressing most of the major human resource and employer organizations.