Uniformed Services Employment and Re-employment Rights Act of 1994
[citation needed] Throughout its history, the United States government has enacted legislation protecting the men and women who serve in times of armed conflict.Congress passed the Soldiers' and Sailors' Civil Relief Act during World War I as a means of offering similar protections to service members fighting in Europe.The protections set out in the Selective Service and Training Act of 1940 generally remained the same while the modifications supported the conscript-based military of the Cold War era.Expanding VRRA legislation to cover reservists soon led to legal battles regarding the statute's scope and the burden of proof a reservist/employee must show to establish discriminatory action by an employer due to an employee's reserve status.USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual's service as long as the basic eligibility criteria are met.USERRA also mandates that reasonable efforts (such as training or retraining) be made to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment.Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 24 months; however, they may be required to pay up to 102 percent of the full premium.If resolution is unsuccessful following an investigation, the service member may have their claim referred to the Department of Justice for consideration of representation in the appropriate District Court, at no cost to the claimant.Federal and Postal Service employees may have their claims referred to the Office of Special Counsel for consideration of representation before the Merit Systems Protection Board (MSPB).On January 1, 2008, a five-year pilot project ended that had given the Office of Special Counsel shared responsibility with The Department of Labor for assisting federal employee USERRA claimants in initial claims.