Franklin Bill to Strengthen USERRA Passes House

A bill introduced by Representative Scott Franklin (R-FL) to strengthen Uniformed Services Employment and Reemployment Rights Act (USERRA) provisions has recently passed the House as an amendment to the larger "Dole Act," a legislative victory he said "ensures Reservists and Guardsmen who return from active duty are not disadvantaged or discriminated against in their civilian careers."

The current USERRA provisions allow recalled servicemembers to resume previous civilian employment and access recourses if their current employers violate reemployment rights, provided the servicemembers have stayed within a 5-year cumulative service cap.

Rep. Franklin's bill, the Servicemember Employment Protection Act, builds upon these original provisions by expanding injunctive relief when servicemembers can prove an employer violated these rights.

Additionally, the burden of claims processing is eased, eligibility for medical leave is expanded if the injury is proven to be related to their employment, and federal agencies currently immune to USERRA laws are now required to implement this system.

"As a veteran and business owner called up twice to active duty after 9/11, I'm pleased my bill H.R. 3943, the Servicemember Employment Protection Act, was included in the Dole Act and passed the House today with broad bipartisan support. My initiative ensures Reservists and Guardsmen who return from active duty are not disadvantaged or discriminated against in their civilian careers. The larger package contains more important investments and critical reforms to ensure the VA delivers the quality care and services our brave vets have earned," said Rep. Franklin in his press release.

As mentioned, the Florida Congressman's bill is part of the wider Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act, which overwhelmingly passed 389 in favor to just nine opposed. The act includes provisions aimed at veteran housing, mental healthcare, and the expansion of education and scholarship initiatives.

Despite its massive popularity in the House, the Senate will be a different story, as the Hill quoted Sen. Mark Takano (D-CA) in the above link: "We want VA to remain a strong provider of care, instead of diminishing it to nothing more than an insurance company where profits are prioritized over outcomes for veterans."