Speeches by Secretary Elaine L.Chao

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Remarks Prepared for Delivery by
U.S. Secretary of Labor Elaine L. Chao
USERRA Regulations Rollout Press Conference
Washington, D.C.
Friday, December 16, 2005

Good morning. Thanks for being with us today.

I want to thank Chick Ciccolella, Assistant Secretary of Labor for Veterans Employment and Training; General Wherley, Commanding General of the DC National Guard; and Bobby Hollingsworth, Executive Director of the Employer Support of the Guard and Reserve, for being with us this morning.

Today I am pleased to announce the first-ever regulations implementing the Uniformed Services Employment and Reemployment Rights Act of 1994 — known as USERRA. This legislation protects the jobs, health insurance and pension benefits of our nation's citizen-soldiers, and others in the uniformed services.

With a clear and comprehensive rule, the Department's long-standing policy of interpreting USERRA in a light most favorable to veterans will be given the full weight of law.

And it is vital that we have this rule in place now.

To date, more than 525,000 men and women have been mobilized to fight the war on terror, and more than 390,000 have been released from active duty. This is the largest deployment of the Military Reserves and National Guard since World War II. These brave men and women should not have to worry about their civilian jobs and benefits when they are on the front lines defending our freedom.

This Administration is committed to protecting the reemployment rights of our citizen soldiers, and everyone entitled to protections under USERRA. We want to do everything possible to encourage employers to become familiar with their responsibilities under this law. So the regulations are written in plain English, in an easy-to-read question-and-answer format.

USERRA was passed over a decade ago. Yet USERRA rights have not always been widely understood and appreciated, because there were no regulations clarifying them. These new rules provide employers with the authoritative information they need to ensure that USERRA rights are implemented without unnecessary delays.

Most employers want to do the right thing for their employees, but are sometimes unclear about their responsibilities. These rules will clarify the law for both employers and returning service members.

Here are a few key facts about the new rules:

1. Eligible returning service members must be "promptly reemployed" in an appropriate position, which, in most cases, is within two weeks of reporting back to work.
2. Returning service members must be returned back to the same seniority, status, and pay they would have attained if they had remained continuously employed.
3. The new regulations clarify the timetables and procedures that service members must follow when reporting back to work.
4. They explain the reinstatement rights of returning disabled employees, who are entitled to be reemployed in the appropriate position he or she would have attained but for military service.
5. And they explain the mandates of the law with respect to health and pension plan benefits, during service and upon return from service.

For the first time, all of America's employers and employees will have clear and consistent guidance on how USERRA applies to them. And the Labor Department will continue to back up USERRA with thorough investigations and aggressive outreach and enforcement.

President George W. Bush's steadfast commitment to our men and women in uniform is the driving force and inspiration behind these regulations. So I am pleased to announce this major step forward. They have been there for us. Now it's our turn to be there for them.

Now, I will be happy to take any questions you may have.

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