Federalized members of the OH-1 DMAT are covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA) when they are federally activated for disaster response or for approved training events. The following links will provide team members and employers with information regarding the law.
Questions should first be directed to the Acting Unit Commander, Rick Hess.
Federal USERRA Contact: Gary Lindbergh (202-205-5818 or Gary.Lindbergh@hhs.gov)
Employer Guide and USERRA Fact sheet
Title 42 (Bioterroism Act of 2002) which extends USERRA coverage to NDMS responders
For more information please visit the USERRA web site:
Q & A provided by NDMS 9/19/08
20 CFR 1002.5 What definitions apply to USERRA?
(f) National Disaster Medical System (NDMS) is an agency within the US Department of Health and Human Services, established by the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, Public Law 107–188. The NDMS provides medical-related assistance to respond to the needs of victims of public health emergencies. Participants in the NDMS are volunteers who serve as intermittent Federal employees when activated. For purposes of USERRA coverage only, these persons are treated as members of the uniformed services when they are activated to provide assistance in response to a public health emergency or to be present for a short period of time when there is a risk of a public health emergency, or when they are participating in authorized training. See 42 U.S.C. 300hh–11(e).
20 CFR 1002.18 What status or activity is protected from employer discrimination by USERRA?
An employer must not deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an individual on the basis of his or her membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.
20 CFR 1002.87 Is the employee required to get permission from his or her employer before leaving to perform service in the uniformed services?
No. The employee is not required to ask for or get his or her employer’s permission to leave to perform service in the uniformed services. The employee is only required to give the employer notice of pending service