U.S. Rep. Scott Franklin’s, R-Fla., “Servicemember Employment Protection Act” is gaining traction on Capitol Hill.
The bill, which Franklin introduced in June, “would amend the Uniformed Services Reemployment Rights Act (USERRA) to ensure those serving in our Reserves or National Guard who are called up into active duty are not disadvantaged or discriminated against after their return to their civilian careers.”
Franklin weighed in on the bill when he introduced it.
“No one who is recalled to active duty or who makes the choice to serve should have to worry about discrimination or mistreatment when returning to the workplace,” said Franklin. “As both a combat veteran recalled to active duty twice after 9/11 and a former business owner, I uniquely understand the importance of reemployment protections for servicemembers and their families. This simple fix will make it easier for brave Americans to choose to serve their country and less costly to seek legal remedy to their grievances. I thank Chairman Bost for his support.”
As Franklin noted, U.S. Rep. Mike Bost, R-Ill., who chairs the U.S. House Veterans Affairs Committee, is backing the bill as a co-sponsor.
“USERRA ensures that our deployed servicemembers are not negatively affected by their employers when they return home. However, it’s been far too long since Congress took a hard look at how USERRA can be improved to better serve the needs of today’s warfighters. Which is why, under my leadership, our first Subcommittee on Economic Opportunity hearing of the Congress was on USERRA and the future of workforce protections for servicemembers,” said Bost. “The bill my friend and colleague, Rep. Franklin, introduced today would make needed changes to modernize USERRA and ease the claims burden should a servicemember need to take their case to court. I look forward to passing this bill out of our committee as soon as possible.”
“Under the existing USERRA, recalled servicemembers in civilian jobs who provide proper notice and have not exceeded a 5-year cumulative service cap are entitled to certain protections, including the right to return to their position and to recourses if employers violate their reemployment rights,” Franklin’s office noted. “Specifically, the Servicemember Employment Protection Act strengthens existing protections by: expanding injunctive relief if the servicemember demonstrates a violation and is likely to succeed in proving an employer violated their rights; mandating reimbursement of attorney fees in successful cases; increasing eligibility for medical leave if the injury is related to their service” and “requiring formerly-immune federal agencies to comply with these guidelines.”
The bill was sent to the Veterans Affairs Committee, which cleared it last week on a voice vote.
“As a former Naval Aviator and business owner, I know the importance of ensuring our National Guard and Reservists can deploy when called upon without worrying about job security when they return,” Franklin said. “It’s been nearly three decades since Congress passed comprehensive re-employment rights for servicemembers, so this review and update is long overdue. I thank Chairman Bost and the committee for their support and for advancing this commonsense legislation.”
So far, there is no companion measure over in the U.S. Senate.
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