To: Heads of State Agencies and Human Resource Directors

Subject: New Federal Law For Army Reserves & National Guard

Issue Date: December 2, 1994

On December 12, 1994 the federal "Uniformed Services Employment and Reemployment Rights Act of 1994" becomes effective, replacing the old Act. It applies to Army Reservists, National Guardsmen, and veterans.

The major provisions resulting from the Act are as follows:

1. The present provisions of Civil Service Rule 11.26(c) no longer apply effective December 12, 1994. We will amend this rule. The new law allows, with many exceptions, five years cumulative service before an employee can be separated for military service. Therefore, the 180 day provision for separation under Rule 11.26(c) is no longer valid.

2. Also, for the first time, service members will be able (but are not required) to use accrued vacation or annual leave while performing military duty. The law states: " Any person whose employment with an employer is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service."

3. There is a non-discrimination provision which protects all employees or applicants for employment from discrimination or reprisal based on their military obligations (in effect now).

4. It forbids employer reprisals against witnesses in reemployment rights cases.

5. It clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual's service.

6. It provides for enhanced protection for disabled veterans, such as the requirement that employers make reasonable efforts (two years as opposed to one in the old law) to accommodate the disability.

7. It requires that reasonable efforts be made (such as training or retraining) to enable returning service members to refresh or upgrade their skills to qualify for reemployment.

8. Generally, it requires that service members provide advance written or verbal notice to their employers for all military duty.

9. If violations of this law are shown to be willful, for the first time, the court may award liquidated damages.

10. The application period after military service is now based on time spent on military duty, not on the category of service performed. For service less than 31 days, the service member must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe transportation home plus an 8 hour rest period; if more than 30 days but less than 181 days, by submitting an application for reemployment within 14 days of release from service; if over 180 days, by submitting an application for reemployment within 90 days of release from service.

Questions concerning these changes can be directed to either Mr. Woody Lambert or Mr. Lester Parmenter. They are with the Veterans' Employment and Training Service, U. S. Department of Labor in Baton Rouge at (504)389-0339 or (504)342-4693.

Sincerely,

Herbert L. Sumrall
Director