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New Rules Clarify Vets' Rights on the Job 

http://story.news.yahoo.com/news?tmpl=story&cid=544&ncid=703&e=6&u=/ap/20040921/ap_on_go_pr_wh/veterans_jobs

Tue Sep 21,12:11 AM ET  Add White House - AP to
My Yahoo! 
 

By LEIGH STROPE, AP Labor Writer 

WASHINGTON - The Bush administration proposed new
regulations Monday aimed at clarifying employment
protections for veterans and reservists returning
from active duty. 

   

The Labor Department (news - web sites)
initiative was announced as Democrat John Kerry
(news - web sites) stepped up his criticism of
President Bush (news - web sites) on Iraq (news -
web sites). Bush and Iraq's prime minister are
scheduled to speak to the United Nations (news -
web sites) later this week. 


"This is a major step in ensuring that the brave
men and women who are risking their lives to
preserve freedom and democracy have their jobs
and benefits protected when they return home,"
Labor Secretary Elaine Chao said of the proposal.



The department also is joining with Home Depot on
Tuesday to announce a jobs program aimed at
veterans. It is one of several similar jobs
programs that have featured the retailer. Home
Depot's chief executive, Robert Nardelli, is a
"Super Ranger" for Bush's re-election campaign,
raising at least $300,000 for the Republican
National Committee (news - web sites) in the 2004
election cycle, according to consumer advocacy
group Public Citizen. 


The 1994 Uniformed Services Employment and
Reemployment Rights Act, says veterans and
reservists returning from active duty generally
must be rehired in the job they would have
attained, with the same seniority, status,
benefits and pay, had they not left. 


There are exceptions. For example, if an employer
lays off workers and eliminates a soldier's job,
the company does not have to provide a job when
the soldier returns. Generally, soldiers retain
their employment rights for up to five years of
military service. 


The regulations, which department officials said
have been in the works for about three years,
were intended to clarify the obligations of
employers and the rights of returning service
members under the law. 


For example, the law requires that a returning
service member be "promptly re-employed." The new
regulations say employers generally must rehire a
returning soldier within two weeks of application
for re-employment. 


There are exceptions. If several years have
passed, an employer may need more time to
reassign current employees. 


The public has 60 days to comment on the
regulations and to propose changes. 


Rep. John Boehner (news, bio, voting record),
R-Ohio, chairman of the House Committee on the
Education and the Workforce, has been pushing for
simple rules that clarify the law. He praised the
new regulations. "These men and women are our
nation's heroes and we need to do everything we
possibly can to protect them against
discrimination and job loss as they return to the
workplace," he said. 


The Labor Department said it has received 3,850
formal complaints from returning soldiers from
Oct. 1, 2001, through Sept. 14 of this year.
Before troops were mobilized to Afghanistan (news
- web sites) and Iraq, the department averaged
about 900 formal complaints a year. 


Soldiers' complaints were upheld or settled by
the department in about a third of cases, while
another third were found to have no merit. The
remaining cases are inactive or closed, often
because the government lost contact with the
soldier or the soldier returned to active duty. 


Of 424,765 military personnel mobilized after
Sept. 11, 2001, about 262,152 have returned home,
the department said. But guard and reserve troops
are serving extended tours of duty, and thousands
of former soldiers are starting to be recalled. 


The Labor Department investigates complaints it
receives, and those with merit that aren't
resolved are referred to the Justice Department
(news - web sites) and the Office of Special
Counsel, which handles complaints from government
employees. The Labor Department process takes an
average of 55 days. 


___ 


Public comments can be submitted e-mail to
[EMAIL PROTECTED] with subject of Docket No.
VETS-U-04. Faxes can be sent to 202-693-4754. 

   



Mailed comments must have the original comment
plus three copies, addressed to VETS-U-04, Room
1316, U.S. Department of Labor, 200 Constitution
Ave. N.W., Washington, D.C. 20210. 

___ 

On the Net: 

Veterans' Employment and Training Services:
http://www.dol.gov/vets/ 



  
 




        
                
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