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PRESS RELEASE FROM HOUSE COMMITTEE ON VETERANS AFFAIRS

Chairman Smith: “Guardsmen and Reservists Will Have Job Protection” Reemployment Rights and Protection of Seniority Guaranteed to Call-ups

(Washington, DC) - The thousands of men and women in the Guard and Reserve who have been called to active duty should "be assured that their jobs will be waiting for them upon their return," said House Veterans Affairs' Committee Chairman Chris Smith today.

"As approved and strengthened by Congress, the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects members of the Guard and Reserves who are called to active duty by requiring that they be reemployed at the same position or better, with the same benefits and seniority they would have accrued had they not been on military leave," said Chairman Smith.

"The purpose of USERRA is to insure that the brave men and women who stand ready to defend America are not in any way penalized for their service," said Smith. "In essence, they must be 'made whole' upon their return. This includes not only returning them to their exact job or its equivalent, but it also uses the 'escalator principle' so that if they would have been eligible for a promotion during their leave, they must be given that promotion upon their return if they are qualified, or allowed time to become qualified," he said.

"Under the law, employees who have been called to active duty must provide notification to their employer, unless it is precluded by military necessity or other legitimate reasons," said Smith. "Upon completion of their service, they must report back to their employer within specified periods: for service less than 31 days, the next work day; for periods from 31 to 180 days, application for reinstatement must be within 14 days; and for periods of 181 days or more, they have 90 days from their completion of military duty to apply for job reinstatement," said the Chairman.

USERRA also provides protections for health insurance coverage. "Employees are entitled to maintain continuous health insurance coverage within their employer's policy for up to 18 months, under a COBRA-like arrangement in which the employee pays the full cost of coverage," said Chairman Smith. "Furthermore, employees who do not opt to continue their health insurance while on military leave, must be immediately reinstated upon their return to work with no waiting periods or exclusions," he said.

"As America makes preparations for an all-out war against terrorism, the role of Guardsmen and Reservists will be absolutely crucial to our success," said Smith. "Congress has recognized their essential role by approving and strengthening reemployment laws and we will continue to ensure that these laws are faithfully complied with in the coming months and years," he said. Detailed information regarding the rights and obligations of both employers and employees can be obtained through the Department of Labor http://www.dol.gov/elaws/userra0.htm or the National Committee for Employer Support of the Guard and Reserve http://www.esgr.org.