Federal Manager's Daily Report

OPM has reminded agencies of their obligations under the Uniformed Services Employment and Reemployment Rights Act to their employees who temporarily leave their jobs to serve on active military duty.

“USERRA was enacted to ensure uniformed service members are not disadvantaged in their civilian careers because of their service, are promptly reemployed in their civilian jobs upon their return from duty, are not discriminated against in employment because of their military status or uniformed service obligations. USERRA,” a memo says. “As the largest single employer of members of our armed forces, it is imperative that we in the federal community protect the careers and related benefits of our colleagues who perform uniformed service.”


Among the obligations, it says, are: allowing employees to use accrued leave during period of service; promptly reemploying service members upon their return; placing a returning employee in the position he or she would have been in had that individual had been continuously employed in the agency; and ensuring a service member is not subject to reduction in force while performing uniformed service.

It noted that the law applies to applies to any federal employee, permanent or temporary, in an executive agency including the Postal Service, Postal Regulatory Commission, and non-appropriated fund activity, who performs active duty, active duty for training, or inactive duty training, whether voluntary or involuntary, in any branch of the armed forces, including the National Guard, the commissioned corps of the Public Health Service; and any other category of persons designated by the president in time of war or emergency.

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