Duty performed by intermittent employees of the National Disaster Medical System (NDMS), which is part of the Department of Health and Human Services, when activated for a public health emergency, and approved training to prepare for such service For more information about USERRA, please go to the United States Department of Labor website. Does USERRA give a person the right to benefits from the civilian employer during a period of NDMS training or service? USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services. State or local government call ups? Section 300hh-11(e). Emergency Management Agency (FEMA), the National Disaster Medical System (NDMS), and, as recently amended, the National Urban Search and Rescue System (NUSRS). If the employee’s compensation was not based on a fixed rate, or the determination of such rate is not reasonably certain, the employee’s compensation during the period of service is computed on the basis of the employee’s average rate of compensation during the 12-month period immediately preceding the employee’s period of military service (or, if shorter, the period of employment immediately preceding such period). .agency-blurb-container .agency_blurb.background--light { padding: 0; } protected by USERRA includes National Guard members activated for state . Were you discharged under conditions other than disqualifying under section 4304? not . Reinstatement after weekend National Guard duty will generally be the next regularly scheduled working day. USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. NDMSUSERRA@hhs.gov, Home  |  Contact Us  |  Accessibility  |  Privacy Policies  |  Disclaimer  |  HHS Viewers & Players |  HHS Plain Language, Assistant Secretary for Preparedness and Response (ASPR), 200 Independence Ave., SW, Washington, DC 20201, U.S. Department of Health and Human Services  |  USA.gov |  Who is eligible for reemployment rights under USERRA following military/NDMS federal active service? The giving of notice is otherwise impossible or unreasonable. exercises any right provided under the law. Recruiting and inspector general complaints should be forwarded to the appropriate agencies. She also just notified me that she has been asked by NDMS to deploy to Florida tomorrow for hurricane victim medical assistance duty. Please turn on JavaScript and try again. (A) In the job the person would have held had the person remained continuously employed, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer; Section 4313 (a) (1) (A), or.