What can NDMS members or their employers do if they experience problems from employee participation in NDMS? This category includes service not only by persons ordered to involuntary active duty, but also service by volunteers who receive orders to active duty. Cause for discharge may be based on conduct or the application of legitimate nondiscriminatory reasons. Persons whose complaints against a private employer or a State or Local Government are not successfully resolved by VETS may request that their complaints be referred to the Attorney General for possible representation. (A) In the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer; Section 4313 (a) (2) (A), or. It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving. What if a returning NDMS member is disabled? If the disabled person cannot become qualified for the reemployment position despite reasonable efforts by the employer to accommodate the employee, and qualify him or her to perform the duties of the position, the employee must be reemployed in a position according to the following priority: (a) a position that is equivalent in seniority, status, and pay to the escalator position, or (b) a position that is the nearest approximation to the equivalent position, consistent with the circumstances of the employee’s case. Consequently, during their period of service they are entitled to participate in any rights and benefits not based on seniority that are available to employees on comparable nonmilitary leaves of absence, whether paid or unpaid. (202) 690-7816 .h1 {font-family:'Merriweather';font-weight:700;} The person without the superior right is entitled to employment with full seniority in a position that provides similar seniority, status, and pay in the order of priority that normally determines a reemployment position. Section 4318 (a) (2) (A) / 20 CFR 1002.259. The law gives VETS a right of access to examine and duplicate any documents that it considers relevant to an investigation. L. 107-188, provides that service as an intermittent disaster-response appointee upon activation of the National Disaster Medical System (NDMS) or as a participant in an authorized training program is deemed “service in the uniformed services.” 42 U.S.C. ), 4. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Involuntary service of this type is exempt from the 5-year limit. 42 U.S.C. See 20 CFR 1002.225. Section 4318 (b) (1) / 20 CFR 1002.261. Within 30 days after a person is reemployed, an employer who participates in a multi-employer plan must provide written notice to the plan administrator of the person’s reemployment. This form is intended for members of the Uniformed Services (National Guard, Reserves, and the National Disaster Medical System (NDMS)), who are experiencing civilian employment concerns related to uniformed service obligations. 1.1.3.6—USERRA applies to National Disaster Medical System service 1.1.3.6a—USERRA applies to National Urban Search & Rescue service 1.3.1.1—Left job for service and gave prior notice 1.8—Relationship between USERRA and other laws/policies On December 16, 2016 President Obama signed the National Urban Search and Rescue Response System Act of 2016 (NUSRRSA).4 Urban … (B) in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of a position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person. 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