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GAO-12-860R 1 (2012-09-10)

handle is hein.gao/gaobacglm0001 and id is 1 raw text is: Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 September 10, 2012 The Honorable Patty Murray Chairman The Honorable Richard Burr Ranking Member Committee on Veterans' Affairs United States Senate The Honorable Jeff Miller Chairman The Honorable Bob Filner Ranking Member Committee on Veterans' Affairs House of Representatives Subject: Veterans' Reemployment Rights: Department of Labor and Office of Special Counsel Need to Take Additional Steps to Ensure Demonstration Project Data Integrity Congress enacted the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)1 to protect the employment and reemployment rights of federal and nonfederal employees when they leave their employment to perform military or other uniformed service and return to civilian employment after that service.2 Among other rights, servicemembers who meet the statutory requirements are entitled to reinstatement to the positions they would have held if they had never left their employment or to positions of similar seniority, status, and pay. With the drawdown in Iraq complete and the drawdown in Afghanistan underway, thousands of current and former military servicemembers are undergoing a transition from their military service back to their civilian employment, thereby increasing the importance of USERRA to help facilitate this transition. Under USERRA, an employee or applicant for employment who believes that his or her USERRA rights have been violated may file a claim with the Department of Labor's (DOL) Veterans' Employment and Training Service (VETS), which investigates and attempts to resolve 1Pub. L. No. 103-353, 108 Stat. 3149 (Oct. 13, 1994) (codified at 38 U.S.C. §§ 4301-4335). USERRA is the most recent in a series of laws protecting veterans' employment and reemployment rights going back to the Selective Training and Service Act of 1940. Pub. L. No. 783, 54 Stat. 885, 890 (Sept. 16, 1940). 2In addition to those serving in the armed forces and the Army and Air National Guards (when engaged in active duty for training, inactive duty training, or full-time National Guard duty), USERRA covers the commissioned corps of the Public Health Service and other persons designated by the President in time of war or national emergency. GAO-12-86OR Veterans' Reemployment Rights Page1I

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