Uniformed Services Employment and Reemployment Rights Act of 1991

Summary

Uniformed Services Employment and Reemployment Rights Act of 1991 - Amends Federal veterans' benefits provisions to revise generally provisions relating to the employment and reemployment rights of members of the uniformed services. Expresses the sense of the Congress that the Government should be a model employer in carrying out the reemployment practices enumerated under this Act. States that a person's entitlement to rights and benefits under this Act is dependent upon an honorable discharge from the armed forces and therefore will be terminated in cases of a dishonorable or bad conduct discharge or a separation, release, or dismissal under conditions other than honorable. Prohibits the denial of initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer against a person who performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service on the basis of such service or obligation. States that such employer will be considered to have engaged in such prohibited conduct if the person's service, application for service, or obligation is a motivating factor in the employer's action, unless the employer can demonstrate that the action would have been taken in the absence of such service, application, or obligation. Prohibits an employer from discriminating in employment or taking any adverse employment action against any person who has acted to enforce a protection afforded by this Act. Entitles any person absent from employment by reason of the performance of military service to the employment and reemployment rights and benefits of this Act if: (1) the person has given advance notice of such service to the employer; (2) except under certain conditions, the cumulative length of the absence and any previous absences from employment by reason of military service does not exceed five years; and (3) the person reports or applies to such employer upon completion of service in accordance with requirements enumerated under this Act. States that no employer notice is required when precluded by military necessity or when otherwise impossible or unreasonable. Outlines certain conditions under which a person shall remain entitled to employment and reemployment rights and benefits provided under this Act even though the total period of absences from employment by reason of military service exceeds five years. Requires a person to report back to an employer within a specified period after release from duty in order to retain such rights and benefits. Requires a person, when applying for reemployment, to present appropriate documentation showing that the person's application is timely, that he or she has not exceeded the allowed period of service under a military absence, and that the person's entitlement to rights and benefits under this Act have not terminated. Outlines conditions under which the failure of the provision of such documentation by the person returning from service must be excused by the employer. Entitles a person to reemployment in the following positions upon return from duty in the armed forces: (1) if not disabled, to the position in which the person would have been employed if the employment had not been interrupted by such service or a similar position of like status and pay, the duties of which the person is qualified to perform; (2) if not disabled but not unqualified to perform the duties of such position, to the position in which the person was employed upon commencing service or a position with like status and pay, the duties of which the person is qualified to perform; or (3) if disabled, to a position under (1) or (2) above, or an appropriate lesser position that the person is qualified to perform, after the employer makes a reasonable accommodation for such person's disability. Requires the employer, in all cases of reemployment, to make a reasonable effort to train or update the skills required for a person to perform his or her employment duties. States that an employer is not required to reemploy a person if the employer's circumstances have so changed as to make such employment impossible or unreasonable. States that an employer is not required to make accommodations or provide training for a person if such effort would impose an undue hardship on the operation of the employer's business. Gives the employer the burden of proof in such cases. Requires any person who cannot requalify for a like position after duty in the armed forces to be reemployed in any other position that provides similar status and pay, consistent with the circumstances of each case. Provides that if the reemployment of a person under this Act in a particular Government position is not feasible, then the Director of the Office of Personnel Management (OPM) shall ensure that such person is offered an alternative position of employment in the executive branch. Makes such provision inapplicable to a person whose reemployment in a legislative or judicial branch position is not feasible if such person is not eligible to acquire the necessary civil service status. 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 employment had not been interrupted by such service. 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 an employer's insurance coverage for up to 18 months during such duty. Prohibits the imposition of an exclusion or waiting period on employer-offered health insurance in connection with coverage of such person upon reemployment if: (1) an exclusion or waiting period would not have been imposed under such coverage had coverage not been terminated as a result of such service; and (2) the condition of such person has been determined by the Secretary of Veterans Affairs not to have been incurred or aggravated in the line of duty. Limits the employer's ability to discharge a person reemployed after military duty, except for cause, for one year or 180 days, depending upon the length of such duty. States that a person whose employment is interrupted by military service shall be entitled to use during such interruption any annual leave with pay accumulated before the commencement of such service. Allows such person to accrue such annual leave during such military service and to use any such additional leave so accumulated. States that a person reemployed under this Act shall be treated as not having incurred a break in service with his or her employer for purposes of determining pension or retirement benefits, with the period of military service considered service with the employer. Requires the employer to fund any employee benefit pension plan in the appropriate amount for such employee. Requires a person reemployed to make appropriate payments to any plan that requires employee contributions for eligibility. States that a person's entitlement to a right or benefit under this Act does not depend on the timing, frequency, or duration of the person's performance of military service or on the nature of such service. Allows any person who claims to have been subject to a wrongful personnel action under this Act, whether involving a Federal, State, or private employer, to submit a complaint regarding such action to the Secretary of Labor (Secretary) for investigation and resolution. Requires the Secretary to carry out such responsibilities through the Assistant Secretary of Labor for Veterans' Employment and Training. Provides that, in the case of an unsuccessful resolution of a complaint for enforcement of rights with respect to a Federal employer, the person may request the Secretary to refer such complaint for litigation before the Merit Systems Protection Board through the Office of Special Counsel. Outlines complaint referral and litigation procedures in such case. Provides for appellate review of Board decisions. Provides that, in the case of an unsuccessful resolution of a complaint for enforcement of rights with respect to a State or private employer, the person may request that the Secretary refer such complaint for litigation in the appropriate U.S. district court through the Attorney General. Provides appropriate jurisdiction and venue for such proceedings. Provides all appropriate judicial remedies, including injunctions and restraining orders. Requires the Secretary, in carrying out investigations under this Act, to have reasonable access to documents considered relevant to the investigation. Gives the Secretary subpoena power for the attendance and testimony of witnesses and the production of documents. Authorizes the Secretary to prescribe regulations for the implementation of provisions of this Act with respect to provision of such rights and benefits by States and private employers. Authorizes the Director of OPM to prescribe such regulations with respect to the Federal Government as an employer. Directs the Secretary to provide those persons performing military service qualifying under this Act, as well as their employers, with information relating to the reemployment and other rights, benefits, and obligations for purposes of this Act. Requires the Secretary, the Attorney General, and the Special Counsel to each report to the Congress on their action taken in the implementation of this Act. Exempts the reemployment rights and benefits provided under this Act from general minimum active-duty service requirements applicable to other Federal veterans' benefits. Authorizes the use of armed forces' and vetrans' educational assistance for tuition and fees attributable to solo fligh training.

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Documents

5 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Indefinitely postponed in Senate

  summary · EN · 1 October 1992

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• Reported to Senate with amendment(s)

  summary · EN · 7 November 1991

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• Introduced in Senate

  summary · EN · 16 May 1991

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