[Congressional Record Volume 145, Number 73 (Wednesday, May 19, 1999)]
[Extensions of Remarks]
[Page E1016]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             REEMPLOYMENT RIGHTS OF OUR SELECTED RESERVISTS

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                            HON. LANE EVANS

                              of illinois

                    in the house of representatives

                        Wednesday, May 19, 1999

  Mr. EVANS. Mr. Speaker, the activation and deployment of uniformed 
service members to the Balkans area has generated numerous inquiries 
about the reemployment rights of members of the National Guard and 
Reserves who are required to leave a position of employment to answer a 
call to duty.
  I hope the following explanation will provide all of my colleagues 
some basic information on the law that provides these rights and 
guidance on what a constituent who might contact you concerning this 
issue can do to receive more information and assistance.
  The job entitlements of our citizen-soldiers are provided by the 
Uniformed Services Employment and Reemployment Rights Act (USERRA) of 
1994, at 38 U.S. Code, Section 4310-4333. The Veterans' Employment and 
Training Service (VETS) of the Department of Labor administers and 
enforces USERRA.
  USERRA provides that a person be promptly reemployed following 
completion of qualifying military service. The position to which the 
person is entitled is essentially the position he or she would have 
attained had the military absence not occurred. To be eligible for 
reemployment rights, the person must generally give the employer prior 
notice of the military duty and the employee must have received a 
discharge from the military that is not punitive in nature. For 
example, an honorable discharge would qualify, but not a dishonorable 
or bad conduct discharge. There is a cumulative 5-year limit of 
military service after which an employer is not obliged to reemploy a 
returning service member. There are important exceptions to the 5-year 
limit, including voluntary duty in support of an emergency situation or 
war, involuntary callups for operational missions or contingencies, and 
required training of National Guard and Reserve members.
  Mr. Speaker, the Department of Labor's Veterans Employment and 
Training Service (VETS) maintains a website on the Internet that 
contains USERRA information designed to help protected persons and 
employers understand the law. The ``USERRA Advisor'' can be found on 
the VETS home page at www.dol.gov/dol/vets. VETS also has offices in 
each of the States that can provide information and assistance for your 
constituents as well as your District office staff members. VETS 
offices are listed in the Blue Pages of local telephone directories 
under the U.S. Department of Labor.

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