To be eligible for reemployment following a deployment, Reservists must meet the five conditions defined below. What are Reservists required to do in order to be eligible to return to their job after a deployment? Similarly, if an entity withdraws an offer of employment because the Reservist is called upon to deploy, the entity withdrawing the employment offer is an employer for purposes of USERRA. An employer need not actually employ a Reservist to be his or her “employer” under USERRA, if it has denied initial employment on the basis of his or her membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services (including FEMA). § 1002.44.ĭoes USERRA protect against discrimination in initial hiring? However, USERRA does not apply to independent contractors. The employer bears the burden of proving this affirmative defense. However, an employer is not required to reemploy an employee if the employment he or she left to serve in the uniformed services (including Reservists) was for a brief, nonrecurrent period and there is no reasonable expectation that the employment would have continued indefinitely or for a significant period. USERRA rights are not diminished because an employee holds a temporary, part-time, probationary, or seasonal employment position. § 1002.43.Īdditionally, it also applies to temporary, part-time, probationary, and seasonal employees.
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USERRA protects all employee types to include executive, managerial, and professional employees. What types of employment do USERRA protections apply to? Military service does not require this clearance. The Outside Employment form can be found here or by contacting your Cadre Management team. Yes, so long as the employment is cleared in writing by FEMA’s Office of Chief Counsel and your supervisor before starting the outside employment. and American companies doing business in foreign countries.Ĭan a Reservist also hold a state or federal job, or a job at a private sector entity that interacts with FEMA? This also includes foreign employers doing business in the U.S. The law applies to ALL employers, both public and private, regardless of size. Additionally, they are protected from employment discrimination for being a Reservist. They are also able to take time to train for such deployments. The definition of “uniformed services” includes, the Armed Forces, the Army National Guard and Air National Guard, the commissioned officer corps of the Public Health Service (PHS) and the National Oceanic and Atmospheric Administration (NOAA), members of the National Disaster Medical Service (NDMS), members of the National Urban Search and Rescue (USAR) System, and now, as a result of the CREW Act, FEMA Reservists.Įssentially, the passing of the CREW Act means that any Reservist deployed to a Stafford Act event cannot lose their outside employment due to their work with FEMA. The law also protects individuals from discrimination in hiring, promotion, and retention based on present and future membership in the uniformed services. FEMA reservists should be reinstated with the seniority, status, and rate of pay they would have obtained had they remained continuously employed by their civilian employer. USERRA was enacted to ensure that members of the uniformed services are entitled to return to their civilian employment upon completion of their service. The CREW Act expands USERRA to include FEMA Reservists. What protections do Reservists receive under the CREW Act?
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Please visit the Department of Labor's know your USERRA Rights website for a full explanation of rights and protections under USERRA. The new law also protects FEMA Reservists from discrimination by an employer on the basis of membership, application for membership, and/or performance of service, as a FEMA Reservist.
Stafford Disaster Relief and Emergency Assistance Act as well as the Uniformed Services Employment and Reemployment Rights Act (USERRA) to protect civilian employment of FEMA Reservists when they are deployed to disasters and emergencies, or training for such, on behalf of FEMA.
The Civilian Reservist Emergency Workforce (CREW) Act of 2021 was signed into law by the President on September 29, 2022.
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