Uniformed Services Employment and Reemployment Rights Act

8/6/2019 Uniformed Services Employment and Reemployment Rights Act

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Uniformed ServicesUniformed Services

Employment andEmployment and

Reemployment Rights ActReemployment Rights Act

Hans P. GraffHans P. Graff

Assistant General CounselAssistant General Counsel

Houston ISDHouston ISD


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This legislation is to be liberally construedThis legislation is to be liberally construed

for the benefit of those who left private lifefor the benefit of those who left private lifeto serve their country in its hour of greatto serve their country in its hour of great

need. ... And no practice of employers orneed. ... And no practice of employers or

agreements between employers andagreements between employers and

unions can cut down the serviceunions can cut down the service

adjustment benefits which Congress hasadjustment benefits which Congress has

secured the veteran under the Act.secured the veteran under the Act.

Fishgold v. Sullivan Drydock and RepairFishgold v. Sullivan Drydock and RepairCorpCorp., 328 U.S. 275, 285 (1946)., 328 U.S. 275, 285 (1946)


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EmployersEmployers

USERRA imposes liability for violations upon `ànyUSERRA imposes liability for violations upon `ànyperson...[who]...has control over employment opportunities''person...[who]...has control over employment opportunities''including `à person...to whom the employer has delegated theincluding `à person...to whom the employer has delegated theperformance of employmentperformance of employment--related responsibilities.''related responsibilities.''

Brandasse v. City of SuffolkBrandasse v. City of Suffolk, 72 F.Supp.2d 608, 617, 72 F.Supp.2d 608, 617--18 (E.D.Va.18 (E.D.Va.1999) (both a city, as a police officer's direct employer, and its1999) (both a city, as a police officer's direct employer, and itsdirector of personnel, who had authority over hiring and firingdirector of personnel, who had authority over hiring and firingfor the city, were subject to liability as `èmployers'' underfor the city, were subject to liability as `èmployers'' underUSERRA)USERRA)

Jones v. Wolf Camera, Inc.Jones v. Wolf Camera, Inc., 1997 WL 22678 (N.D.Tex. 1997), 1997 WL 22678 (N.D.Tex. 1997)(individual supervisors may be liable under USERRA as(individual supervisors may be liable under USERRA as``persons'' with control over hiring and firing and to whom the``persons'' with control over hiring and firing and to whom theemployer has delegated the performance of employmentemployer has delegated the performance of employment--related responsibilities).related responsibilities).


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Uniformed ServiceUniformed Service

Service in the uniformed services means theService in the uniformed services means the

performance of duty on a voluntary orperformance of duty on a voluntary or

involuntary basis in a uniformed service underinvoluntary basis in a uniformed service under

competent authority. Service includes activecompetent authority. Service includes activeduty, active and inactive duty for training,duty, active and inactive duty for training,

National Guard duty under Federal statute, andNational Guard duty under Federal statute, and

a period for which a person is absent from aa period for which a person is absent from a

position of employment for an examination toposition of employment for an examination todetermine the fitness of the person to performdetermine the fitness of the person to perform

such duty. 20 C.F.R. Sec. 1002.5(l).such duty. 20 C.F.R. Sec. 1002.5(l).


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Advance NoticeAdvance Notice

Advance notice expected.Advance notice expected.

May be written notice or oral. No requirementMay be written notice or oral. No requirement

for written notice of pending service.for written notice of pending service.

Statutory exceptions to the requirement ofStatutory exceptions to the requirement of

advance notice in cases where advance noticeadvance notice in cases where advance notice

is excused by reason of ``military necessity'' oris excused by reason of ``military necessity'' or

circumstances that make notice to the employercircumstances that make notice to the employer``otherwise impossible or unreasonable.'' 20``otherwise impossible or unreasonable.'' 20

C.F.R. Sec. 1002.86C.F.R. Sec. 1002.86


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Election to Return to Work UponElection to Return to Work Upon

DepartureDepartureAn employee departing for service is notAn employee departing for service is notrequired to decide at that time whether herequired to decide at that time whether heor she intends to return to the preor she intends to return to the pre--serviceservice

employer upon completion of the tour ofemployer upon completion of the tour ofduty. Rather, the employee may defer theduty. Rather, the employee may defer thedecision until after he or she concludes thedecision until after he or she concludes theperiod of service, and the employer mayperiod of service, and the employer maynot press the employee for anynot press the employee for anyassurances about his or her plans. 20assurances about his or her plans. 20C.F.R. Sec. 1002.88C.F.R. Sec. 1002.88


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5 Year Limitation on Service5 Year Limitation on Service

Applies to time in uniformed serviceApplies to time in uniformed service

Periods preparing for and coming back from military servicePeriods preparing for and coming back from military serviceexcluded from 5 year limitation.excluded from 5 year limitation.

5 year limitation applies with respect to an individual employer5 year limitation applies with respect to an individual employerand new employer begins new 5 year calculation.and new employer begins new 5 year calculation.

Current Mobilizations: THE MEMBER WAS ORDERED TOCurrent Mobilizations: THE MEMBER WAS ORDERED TOACTIVE DUTY FROM HIS OR HER RESIDENCE IN SUPPORT OFACTIVE DUTY FROM HIS OR HER RESIDENCE IN SUPPORT OFTHE NATIONAL EMERGENCY DECLARED UNDERTHE NATIONAL EMERGENCY DECLARED UNDER

PRESIDENTIAL PROCLAMATION 7463 OF 14 SEP 01. UNDERPRESIDENTIAL PROCLAMATION 7463 OF 14 SEP 01. UNDERTHE PROVISIONS OF TITLE 38, UNITED STATES CODE,THE PROVISIONS OF TITLE 38, UNITED STATES CODE,SECTION 312(C)(4)(A) AND (B), THIS PERIOD OF ACTIVESECTION 312(C)(4)(A) AND (B), THIS PERIOD OF ACTIVEDUTY IS EXEMPT FROM THE 5DUTY IS EXEMPT FROM THE 5--YEAR CUMULATIVE SERVICEYEAR CUMULATIVE SERVICELIMITATION ON REEMPLOYMENT RIGHTS UNDER TITLE 38,LIMITATION ON REEMPLOYMENT RIGHTS UNDER TITLE 38,UNITED STATES CODE, CHAPTER 43 (USERRA).UNITED STATES CODE, CHAPTER 43 (USERRA).


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Application for ReemploymentApplication for Reemployment

11--30 days, report to work first scheduled work30 days, report to work first scheduled work

day that falls at least eight hours (plus safeday that falls at least eight hours (plus safe

travel time)after the end of the last calendar daytravel time)after the end of the last calendar day

of military service.of military service.3131--181 days, employee must submit an181 days, employee must submit an

application for reemployment with the employerapplication for reemployment with the employer

within 14 days after release.within 14 days after release.

Greater than 180 days, employee must submitGreater than 180 days, employee must submit

an application for reemployment with thean application for reemployment with the

employer within 90 days after release in order toemployer within 90 days after release in order to

comply with USERRA.comply with USERRA.


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Documentation for Employer UponDocumentation for Employer Upon

ReturnReturnEmployer may require documentation employee isEmployer may require documentation employee iseligible for reemployment and application is timelyeligible for reemployment and application is timely

Must have honorable discharge or general dischargeMust have honorable discharge or general dischargeunder honorable conditionsunder honorable conditions

DDDD--214 + Orders214 + Orders

Employer is required to reemploy a service memberEmployer is required to reemploy a service membereven if documentation establishing the service member'seven if documentation establishing the service member'sreemployment eligibility does not exist or is not readilyreemployment eligibility does not exist or is not readily

available. Failure to provide documentation, if it is notavailable. Failure to provide documentation, if it is notreadily available, does not provide justification for denialreadily available, does not provide justification for denialof reemployment. 20 C.F.R. Sec. 1002.122of reemployment. 20 C.F.R. Sec. 1002.122


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Prompt ReinstatementPrompt Reinstatement

Employer shall reinstate the employee as soon as practicableEmployer shall reinstate the employee as soon as practicableunder the circumstances. Reinstatement must occur within twounder the circumstances. Reinstatement must occur within twoweeks after he or she applies for reemployment ``absentweeks after he or she applies for reemployment ``absentunusual circumstances.'' The reasonableness of any delayunusual circumstances.'' The reasonableness of any delaydepends on a variety of factors, including, the length of thedepends on a variety of factors, including, the length of theservice member's absence or intervening changes in theservice member's absence or intervening changes in thecircumstances of the employer's business.circumstances of the employer's business.

In event a returning employee was subject to a disciplinaryIn event a returning employee was subject to a disciplinaryreview at the time of the onset of service, or in event thereview at the time of the onset of service, or in event theemployer discovers conduct prior to reemployment that mayemployer discovers conduct prior to reemployment that maysubject the returning service member to disciplinary reviewsubject the returning service member to disciplinary review

upon reemployment, DOL position is employer retainsupon reemployment, DOL position is employer retainsreemployment obligation, however, employer may resume thereemployment obligation, however, employer may resume thedisciplinary review upon reemployment at the point at which itdisciplinary review upon reemployment at the point at which itwas left at the time of the onset of military service, or maywas left at the time of the onset of military service, or mayinitiate such review based on conduct discovered prior toinitiate such review based on conduct discovered prior toreemployment.reemployment.


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Protection Against DischargeProtection Against Discharge

Less than 30 daysLess than 30 days--protected by antiprotected by anti--discrimination provisions of USERRA.discrimination provisions of USERRA.

Service 31Service 31--180 days180 days-- discharge prohibited withindischarge prohibited within180 days, except for cause.180 days, except for cause.

Service greater than 180 days, dischargeService greater than 180 days, dischargeprohibited for one year of reemployment exceptprohibited for one year of reemployment exceptfor cause.for cause.

Cause based either on conduct or, because ofCause based either on conduct or, because of

the application of other legitimatethe application of other legitimatenondiscriminatory reasons. Burden on employernondiscriminatory reasons. Burden on employerto prove as affirmative defense.to prove as affirmative defense.


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Health and Insurance BenefitsHealth and Insurance Benefits

May continue up to 24 months withMay continue up to 24 months with

payment of up to 102% of premiumpayment of up to 102% of premium

Must be reinstated immediately uponMust be reinstated immediately upon

return to work without any exclusion orreturn to work without any exclusion or

waiting periodwaiting period


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Pension PlansPension Plans

Employee eligible to contribute to pension plan andEmployee eligible to contribute to pension plan anddeferred compensation plans as if continuouslydeferred compensation plans as if continuouslyemployed. Entire period of absence due to oremployed. Entire period of absence due to ornecessitated by service in the uniformed services is tonecessitated by service in the uniformed services is to

be considered service with the employer uponbe considered service with the employer uponreemployment for pension purposes. Employer whoreemployment for pension purposes. Employer whoreemploys the service member is responsible for fundingreemploys the service member is responsible for fundingany employer contribution to the plan to provide theany employer contribution to the plan to provide thebenefits. 38 U.S.C. 4318(b)(1).benefits. 38 U.S.C. 4318(b)(1).

If plan is funded by employee, then employee mayIf plan is funded by employee, then employee maymakemake--up contributions during a period equal to 3x periodup contributions during a period equal to 3x periodof service, not to exceed 5 years.of service, not to exceed 5 years.


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Flexible Spending AccountsFlexible Spending Accounts

Employee has election to continue contributing or to make upEmployee has election to continue contributing or to make upcontributions upon return. May make monthly contributions orcontributions upon return. May make monthly contributions orlump sum.lump sum.

Prior rule was once contributions ended, eligibility to usePrior rule was once contributions ended, eligibility to usebeyond contribution period ended.beyond contribution period ended.

Heroes Earnings Assistance and Relief Tax Act of 2008Heroes Earnings Assistance and Relief Tax Act of 2008, a plan, a plandoes not fail to be treated as a cafeteria plan or health FSAdoes not fail to be treated as a cafeteria plan or health FSAmerely because the plan provides for qualified reservistmerely because the plan provides for qualified reservistdistributions. A qualified reservist distribution means adistributions. A qualified reservist distribution means adistribution to a participant in a health FSA of all or a portion ofdistribution to a participant in a health FSA of all or a portion ofthe participant's FSA balance if (1) the participant is a reservistthe participant's FSA balance if (1) the participant is a reservistcalled to active duty for a period of at least 180 days (or iscalled to active duty for a period of at least 180 days (or is

called for an indefinite period) and (2) the distribution is madecalled for an indefinite period) and (2) the distribution is madeduring the period beginning with the call to active duty andduring the period beginning with the call to active duty andending on the last day of the coverage period of the FSA thatending on the last day of the coverage period of the FSA thatincludes the date of the call to active duty.includes the date of the call to active duty.


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Reemployment PositionReemployment Position

Returning service member should beReturning service member should be

restored to ``a position which, on therestored to ``a position which, on the

moving escalator of terms and conditionsmoving escalator of terms and conditions

affecting that particular [preaffecting that particular [pre--service]service]

employment, would be comparable to theemployment, would be comparable to the

position which he would have held if heposition which he would have held if he

had remained continuously in his civilianhad remained continuously in his civilianemployment.employment. Oakley v. Louisville &Oakley v. Louisville &

Nashville R.RNashville R.R., 338 U.S. 278, 283 (1949).., 338 U.S. 278, 283 (1949).


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Effect of Escalator ProvisionEffect of Escalator Provision

on Probationary Employeeson Probationary EmployeesIf probationary period is bona fide period of observationIf probationary period is bona fide period of observationand evaluation and not merely a timeand evaluation and not merely a time--inin--gradegraderequirement, returning employee may be restored to therequirement, returning employee may be restored to theposition that reflects both the experience and training theposition that reflects both the experience and training theemployee received prior to military service. For example,employee received prior to military service. For example,if a first year probationary teacher leaves for military dutyif a first year probationary teacher leaves for military dutyat the end of the first year of teaching and theat the end of the first year of teaching and theprobationary period is five years, when the teacherprobationary period is five years, when the teacherreturns to work he or she will have four years remainingreturns to work he or she will have four years remainingas a probationary period, assuming the probationaryas a probationary period, assuming the probationary

period involves actual training and/or observation. Onceperiod involves actual training and/or observation. Oncethe probationary period is completed, the employeesthe probationary period is completed, the employeespay and seniority should reflect both prepay and seniority should reflect both pre-- and postand post--service time in the probationary period plus time servedservice time in the probationary period plus time servedin the military.in the military.


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VenueVenue

United States district courts have jurisdiction overUnited States district courts have jurisdiction overactions against a State or private employer brought byactions against a State or private employer brought bythe United States, and actions against a privatethe United States, and actions against a privateemployer by a person.employer by a person.

Actions brought by a person against a State, the actionActions brought by a person against a State, the actionmay be brought in a State court of competentmay be brought in a State court of competent

jurisdiction. 38 U.S.C. 4323(b); 20 C.F.R. Sec. 1002.305.jurisdiction. 38 U.S.C. 4323(b); 20 C.F.R. Sec. 1002.305.

Venue for an action between the United States and aVenue for an action between the United States and aState lies in any Federal district in which the StateState lies in any Federal district in which the Stateexercises authority or carries out functions. Venue for anexercises authority or carries out functions. Venue for anaction against a private employer lies in any Federalaction against a private employer lies in any Federaldistrict in which the employer maintains a place ofdistrict in which the employer maintains a place ofbusiness.business.


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Burden of ProofBurden of Proof

Plaintiff must show by a preponderance of thePlaintiff must show by a preponderance of theevidence that military status was a motivating factorevidence that military status was a motivating factorin the employer's decision to discharge anin the employer's decision to discharge anemployee.employee.

Such a showing establishes a violation unless theSuch a showing establishes a violation unless theemployer can show as an affirmative defense that itemployer can show as an affirmative defense that itwould have discharged the employee for a legitimatewould have discharged the employee for a legitimatereason regardless of the plaintiff's military status.reason regardless of the plaintiff's military status.

Plaintiff may then offer evidence that the employer'sPlaintiff may then offer evidence that the employer'sproffered legitimate explanation is pretextualproffered legitimate explanation is pretextual--thatthatthe reason either did not exist or was not in factthe reason either did not exist or was not in factrelied uponrelied upon--and thereby conclusively restore theand thereby conclusively restore theinference of unlawful motivation.inference of unlawful motivation. NLRB v. McClain ofNLRB v. McClain of

Georgia, IncGeorgia, Inc. 138 F.3d 1418, 1424 (11th Cir.1998).. 138 F.3d 1418, 1424 (11th Cir.1998).


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Arbitration AgreementsArbitration Agreements

38 U.S.C.38 U.S.C. 4302 provides:4302 provides:

(a)(a) Nothing in this chapter shall supersede, nullify orNothing in this chapter shall supersede, nullify ordiminish any Federal or State law... contract,diminish any Federal or State law... contract,agreement, policy, plan, practice or other matter thatagreement, policy, plan, practice or other matter that

establishes a right or benefit that is more beneficial to,establishes a right or benefit that is more beneficial to,or is in addition to, a right or benefit provided for suchor is in addition to, a right or benefit provided for suchperson in this chapter.person in this chapter.

(b)(b) (b) This chapter supersedes any State law ... contract,(b) This chapter supersedes any State law ... contract,agreement, policy, plan, practice or other matter thatagreement, policy, plan, practice or other matter thatreduces, limits or eliminates in any matter any right orreduces, limits or eliminates in any matter any right orbenefit provided by this chapter, including thebenefit provided by this chapter, including theestablishment of additional prerequisites to the exerciseestablishment of additional prerequisites to the exerciseof any such right or the receipt of any such benefit.of any such right or the receipt of any such benefit.


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Garrett v. Circuit City Stores, IncGarrett v. Circuit City Stores, Inc, 338, 338

F.Supp.2d 717 (N.D. Tex. 2004)F.Supp.2d 717 (N.D. Tex. 2004)

FormerFormer employeeemployee broughtbrought actionaction againstagainst formerformeremployeremployer underunder USERRAUSERRA allegingalleging hehe waswas terminatedterminatedduedue solelysolely toto hishis statusstatus asas aa MarineMarine ReserveReserve OfficerOfficer..EmployerEmployer movedmoved toto compelcompel arbitrationarbitration.. CourtheldCourtheld thatthat::

agreementagreement waswas formedformed betweenbetween atat--willwill employeeemployee andandemployeremployer toto arbitratearbitrate disputes,disputes, butbut

USERRAUSERRA supersededsuperseded arbitrationarbitration agreementagreement..

CircuitCircuit CityCity appealedappealed toto thethe 55thth Circuit,Circuit, whichwhich heldheld thatthatUSERRAUSERRA claimsclaims werewere subjectsubject toto arbitrationarbitration underunder thetheFederalFederal ArbitrationArbitration ActAct.. AnAn agreementagreement toto arbitratearbitrate underunderthethe FAAFAA isis effectivelyeffectively aa forumforum selectionselection clause,clause, seeseeEEOCEEOC vv.. WaffleWaffle House,House, IncInc..,, 534534 UU..SS.. 279279,, 295295,, 122122SS..CtCt.. 754754,, 765765,, 151151 LL..EdEd..22dd 755755 ((20022002),), notnot aa waiverwaiver ofofsubstantivesubstantive statutorystatutory protectionsprotections andand benefitsbenefits..ReversedReversed andand remandedremanded.. GarrettGarrett vv.. CircuitCircuit CityCity Stores,Stores,

IncInc.. 449449 FF..33dd 672672 ((55thth

CirCir.. 20062006


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Chance v. Dallas County HospChance v. Dallas County Hosp. Dist., 176. Dist., 176

F.3d 294 (5F.3d 294 (5thth Cir. 1999)Cir. 1999)

Plaintiff alleged improper termination on basis ofPlaintiff alleged improper termination on basis ofUSERRA, as well as Texas Commission on HumanUSERRA, as well as Texas Commission on HumanRights Act, the Texas Whistleblower Act, the Equal PayRights Act, the Texas Whistleblower Act, the Equal Pay

Act of 1963, the Civil Rights Act of 1964, the Civil RightsAct of 1963, the Civil Rights Act of 1964, the Civil RightsAct of 1871 . Court granted summary judgment on allAct of 1871 . Court granted summary judgment on allclaims except USERRA. Jury found for the Hospital onclaims except USERRA. Jury found for the Hospital ondiscriminatory denial of promotion and retaliation claims,discriminatory denial of promotion and retaliation claims,and it found for plaintiff on his wrongful discharge claim.and it found for plaintiff on his wrongful discharge claim.Court granted hospitals motion for judgment as a matterCourt granted hospitals motion for judgment as a matterof law and the court taxed all costs against plaintiff. Onof law and the court taxed all costs against plaintiff. On

appeal plaintiff contendedappeal plaintiff contended USERRAUSERRA prohibited taxing ofprohibited taxing ofany costs against him. Court reversed and remanded.any costs against him. Court reversed and remanded.Only costs not attributable to the filing and advancing ofOnly costs not attributable to the filing and advancing ofthethe USERRAUSERRA claim may be taxed, however, those notclaim may be taxed, however, those notattributable to USERRA may be taxed.attributable to USERRA may be taxed.


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Carpenter v. Tyler Independent School Dist., 429Carpenter v. Tyler Independent School Dist., 429

F.Supp.2d 848(E.D. Tex. 2006)F.Supp.2d 848(E.D. Tex. 2006)

MiddleMiddle schoolschool teacherteacher waswas calledcalled forfor activeactive dutyduty inin AFAF ReserveReserveduringduring 20032003--20042004 schoolschool yearyear.. AtAt conclusionconclusion ofof year,year, TISDTISD nonnon--renewedrenewed..

CarpenterCarpenter suedsued TISDTISD underunder USERRA,USERRA, allegingalleging discriminationdiscrimination basedbasedonon hishis militarymilitary serviceservice.. TISDTISD allegedalleged dischargedischarge basedbased onon poor poorperformanceperformance inin thethe classroomclassroom.. JuryJury returnedreturned unanimousunanimous findingfinding

districtdistrict discriminateddiscriminated againstagainst teacherteacher becausebecause ofof hishis militarymilitaryserviceservice butbut conductconduct waswas notnot willfulwillful andand teacherteacher waswas entitledentitled toto nonodamages,damages, duedue toto failurefailure toto mitigatemitigate damagesdamages inin thatthat hehe failedfailed toto offerofferanyany evidenceevidence hehe soughtsought otherother employmentemployment..

LowerLower courtcourt declineddeclined toto order order reinstatementreinstatement duedue toto strainedstrainedrelationshiprelationship andand beliefbelief ofof districtdistrict thatthat plaintiffplaintiff waswas aa belowbelow averageaverageandand ineffectiveineffective teacherteacher.. WereWere thisthis CourtCourt toto orderorder reinstatement,reinstatement, itit

wouldwould createcreate anan atmosphereatmosphere inconsistentinconsistent withwith thethe mainmain objectiveobjective ofofanyany schoolschool districtdistrict--toto effectivelyeffectively andand efficientlyefficiently educateeducate childrenchildren..InIn spitespite ofof juryjury verdict,verdict, courtcourt awardedawarded oneone yearsyears prospectiveprospective paypay totoplaintiffplaintiff..

OnOn appeal,appeal, thethe 55thth CircuitCircuit upheldupheld thethe remedyremedy.. CarpenterCarpenter vv.. TylerTylerIndependentIndependent SchoolSchool DistDist..,, 226226 FedFed..AppxAppx.. 400400,, 20072007 WLWL 11126531112653(Unpublished,(Unpublished, 55thth CirCir.. 20072007))


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Hayes v. Petroleum Helicopters, Inc., 48 Fed.Appx. 481,Hayes v. Petroleum Helicopters, Inc., 48 Fed.Appx. 481,2002 WL 31049476 (C.A.5 (Tex.)) (Unpublished 52002 WL 31049476 (C.A.5 (Tex.)) (Unpublished 5thth Cir.Cir.2002) Defendant terminated plaintiff, however, after2002) Defendant terminated plaintiff, however, afterfiling suit, plaintiff was reemployed and provided with allfiling suit, plaintiff was reemployed and provided with allbenefits of employment. Plaintiff argued he wasbenefits of employment. Plaintiff argued he wasprevailing and entitled to attorneys fees under USERRA.prevailing and entitled to attorneys fees under USERRA.[P]revailing party does not encompass a plaintiff who[P]revailing party does not encompass a plaintiff whoachieves his desired result because he files a lawsuitachieves his desired result because he files a lawsuitwhich brings about a voluntary change in the defendant'swhich brings about a voluntary change in the defendant'sconduct. To qualify as a prevailing party, the plaintiffconduct. To qualify as a prevailing party, the plaintiff

must secure either a judgment on the merits or a courtmust secure either a judgment on the merits or a court--ordered consent decree.ordered consent decree. Id.Id.

Sykes v. Columbus & Greenville Ry.,Sykes v. Columbus & Greenville Ry., 117 F.3d 287 (5117 F.3d 287 (5THTH

Cir. 1997) employee's preCir. 1997) employee's pre--employment military serviceemployment military servicedid not count toward fourdid not count toward four--year service limitation foryear service limitation forreinstatement eligibility (VRRA)reinstatement eligibility (VRRA)

Documents

Uniformed Services Employment and Reemployment Rights Act