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"A U.S. Senate Committee released Department of Defense data showing that large numbers of military reservists face problems with reinstatement upon return from military leave. "

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legal updates

December 2007

USERRA UPDATE



Federal Data Reveals Military Reservists Face

Ongoing Employment Challenges


By Christopher W. Olmsted, Esq.

A U.S. Senate Committee released Department of Defense data showing that large numbers of military reservists face problems with reinstatement upon return from military leave.

The Senate Health, Education, Labor and Pensions Committee held a hearing on November 8th to address employment challenges that service members face when returning from a tour of duty. The hearing focused on the enforcement of the Uniformed Services Employment and Reemployment Rights Act (USERRA) which requires employers to continue to employ members of the Guard and Reserve upon their return from duty.

We also offer a Military Spouse Leave Checklist and Leave Request Form.

Highlights of the data include:
  • Servicemembers are returning home only to realize that their deployment has put their healthcare, their benefits, and even their jobs at risk. For example, among post-9/11 returning Reservists and National Guard:


    • o Nearly 11,000 were denied prompt reemployment.
    o More than 22,000 lost seniority and thus pay and other benefits.
    o Nearly 20,000 saw their pensions cut.
    o More than 15,000 didn’t receive the training they needed to return to their former jobs.
    o Nearly 11,000 didn’t get their health insurance back.

  • Almost half of reservists (44%) and National Guardsmen who filed a USERRA complaint with the Department of Labor reported being dissatisfied with DOL’s handling of their case – up from 27% dissatisfaction in 2004 – and more than a third reported that DOL’s response was not prompt.


  • 23% of reservists and National Guardsmen surveyed in 2006 who could not find a job post-deployment said that they were unemployed because their previous employer did not promptly rehire them as required by law.

The Senate Committee intends to introduce legislation increasing the accountability of federal agencies, such as the Labor Department. Ultimately this may lead to more enforcement actions brought against employers. Therefore, employers ought to increase their diligence with regard to employee’s USERRA rights.

FREE Military Leave HR Checklist

and Employee Leave Request Form


In October 2007, California enacted legislation providing spouses of certain military personnel the right to take a leave of absence from work when their spouse is on military leave.

As a benefit to our firm clients and our subscribers who are company executives, managers and in-house corporate HR professionals, we offer a complimentary HR checklist and an employee leave request form.

The checklist will assist you in determining whether your company is covered by the law and whether the employee is eligible for leave.
The employee leave request form may be given to your employees to complete in the event that they request the leave.

Please email Chris Olmsted at cwo@barkerolmsted.com for your complimentary copy.

Download full Legal Update in pdf format.

This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2007 by Barker Olmsted & Barnier, APLC. All rights reserved.



Download Article in pdf format: USERRA_Update.pdf

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