Uniformed Services Employment and Reemployment Rights Act of 1992

Summary

Uniformed Services Employment and Reemployment Rights Act of 1991 - Amends Federal veterans' benefits provisions to revise provisions relating to the employment and reemployment rights of members of the uniformed services. Prohibits discrimination or acts of reprisal against a member, former member, or person applying to be a member of a uniformed service because of such membership through denial of initial employment, reemployment, continuation of employment, promotion, or any other benefit of employment. States that such discrimination will be considered to have occurred if the person's status or activity in the armed forces was a motivating factor in the employer's decision to deny such person employment, reemployment, continuation of employment, or any other promotion or benefit of employment, unless the employer can demonstrate that the same decision would have been made regardless of such protected status or activity. Entitles that any person who is absent from or leaves a position of employment for voluntary or involuntary service in the armed forces to a leave of absence from such employment or, upon completion of such service under honorable conditions, to: (1) reemployment by such employer, unless the employer's circumstances make it unreasonable to require such remployment; and (2) employment-related rights and benefits. Provides such rights and benefits if the person's cumulative period of service does not exceed five years, with other specified exceptions and limitations. Requires a person to report back to an employer within a specified period after release from duty in order to retain such reemployment rights and benefits. Authorizes extensions of such reporting periods in certain instances. Requires such person, when applying for such reemployment, to present appropriate documentation showing that such person's application is timely and that he or she has not exceeded the allowed period of service during which such reemployment rights and benefits are protected. Entitles a person to employment in the following positions upon return from duty in the armed forces: (1) employment in the position held before leaving or another position which would have been normally attained if the person had not left, if the period of service in the armed forces is less than 181 days; (2) employment in the position held before leaving or another position of appropriate seniority, status, and pay, if the period of service was 181 days or more; and (3) if disabled because of such duty, a similar position after reasonable efforts by the employer to accommodate the disability, or, if not possible, any other position of like seniority, status, and pay for which the person is qualified or would become qualified within a reasonable period of time. Requires any person who cannot requalify for a like position after such duty in the armed forces to be reemployed in any other position of lesser status and pay, with full seniority rights. Entitles a person reemployed after duty in the armed forces to all seniority and other rights and benefits that such person would have attained if such person had remained continuously employed by such employer. States that such duty will only be considered as a leave of absence for the purpose of determining rights and benefits accruing. Allows a person to be continued under the employer's insurance coverage for up to 18 months during such duty. Prohibits the imposition of an exclusion or waiting period for employer-offered health insurance for coverage of a health or physical condition for a person performing duty in the armed forces if: (1) the condition arose before or during training or duty; (2) an exclusion or waiting period would not otherwise have been imposed; and (3) the condition of such person has not been determined by the Secretary of Veterans Affairs to be service-connected. Requires a person leaving a civilian job for service in the armed forces after 60 days after enactment of this Act to give written or verbal notice to his or her employer that such service will cause such person to be absent from such employment, except that no notice is required when it would be impossible or unreasonable to do so. Limits the employer's ability to discharge a person reemployed after military duty, except for cause, for one year, six months, or three months, depending on the length of the duty. States that no break in employment will be recognized for a person reemployed after military duty for purposes of the determination of pension or retirement benefits if the person meets the reemployment requirements outlined. Directs the Secretary to assist any person entitled to reemployment rights and benefits under these provisions in the pursuit of appropriate employment or reemployment, whether such employment is sought in the Federal Government or through a private employer. Outlines procedures for obtaining such assistance for reemployment by the United States through the Director of the Office of Personnel Management (OPM). Allows a person denied reemployment under these provisions to appeal such decision through the Merit System Protection Board. Outlines provisions for the filing of claims for the enforcement of remployment rights with a State or private employer through the filing of a complaint with the Secretary and further referral to the Attorney General if litigation of the claim is appropriate. Provides jurisdiction for the hearing of such claim in any district court where the employer maintains a place of business. Provides all appropriate remedies, including injunctions and restraining orders. Outlines civil penalties for employers who refuse to comply with provisions of this Act. Allows the duly authorized representatives of the Secretary access to documents of any person or employer for purposes of carrying out an investigation of an employment or reemployment rights question. Gives the Secretary subpoena power for the attendance and testimony of witnesses and the production of documents.

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Documents

10 official files

• Reported in House (text)

  Reported in House · EN

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• Referred in Senate (text)

  Referred in Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN

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• Engrossed Amendment House (text)

  Engrossed Amendment House · EN

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• Committee Discharged Senate (text)

  Committee Discharged Senate · EN

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• House agreed to Senate amendment with amendment

  summary · EN · 6 October 1992

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• Passed House amended

  summary · EN · 14 May 1991

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• Introduced in House

  summary · EN · 21 March 1991

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