When military personnel step away from their civilian employment to serve the nation, whether through active duty, reserve activation, or deployment to major disaster sites, they are protected by law. One of the most important protections comes through the Uniformed Services Employment and Reemployment Rights Act—commonly known as USERRA.
For FEMA reservists and other military members who engage in assignments through the Federal Emergency Management Agency, having the right documentation is critical when filing a USERRA claim.
How to Document FEMA Service for USERRA Claims: Essential Records Checklist for Military Members and Employers
The process of asserting reemployment rights after military service can be complex. But with the right records and an understanding of the applicable law, employers and employees can both fulfill their obligations and rights under USERRA. This guide provides a straightforward explanation of how to document FEMA-related service and includes an essential checklist of records needed to support a claim.
What Is USERRA?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects the employment and reemployment rights of individuals who leave their jobs to perform military or qualifying public service. Enacted in 1994, USERRA applies to uniformed services, including the Army, Navy, Air Force, Marine Corps, Coast Guard, and Space Force, as well as the National Guard and reserves.
Under USERRA, service members are entitled to return to their civilian jobs with the same seniority, pay, and benefits they would have received if they had not been absent. The law also prohibits discrimination based on military status or past service.
FEMA, and the Covered Service Reemployment Rights Act
FEMA reservists, often referred to as Disaster Assistance Employees (DAEs), provide support during emergencies and major disaster sites declared by the president. Under specific conditions, this service qualifies for protection under USERRA, especially when it is performed under Title 10 or Title 32 orders or is otherwise federally authorized.
Military-connected FEMA assignments may also intersect with veterans’ preference laws and other federal employment protections, especially if the individual is a veteran or has a service-connected disability.
Eligibility Criteria for Reemployment
Before submitting a USERRA claim, a person must meet certain criteria:
- The individual must have left a job voluntarily to perform covered service.
- Advance notice must have been provided to the employer, unless impossible or unreasonable.
- The total length of military service must not exceed five years with that employer, with some exceptions.
- The individual must have been released from service under honorable conditions.
- The request for reemployment must be made within the required timeframe following discharge.
If these conditions are met, the employer is obligated to reinstate the employee to the position they would have attained had their military obligations not interrupted their employment.
Checklist for Military Members and Employers
To support a USERRA claim, documentation must clearly show the dates of service, the nature of the duties, and whether the service qualifies under USERRA’s coverage. FEMA reservists should keep organized files that demonstrate:
- Orders to serve
- Proof of employment before and after service
- FEMA-issued pay records and forms
- Description of duties and deployment length
- Correspondence with employers and agencies
Here’s the essential checklist:
Essential Records Checklist for FEMA Service and USERRA
1. Military or FEMA Orders
Include official FEMA activation documents, orders, or letters authorizing deployment. These show when the individual was called into service and under what authority.
2. FEMA Time and Attendance Records
Documents that log dates of activation, length of deployment, and total days served are essential for proving eligibility.
3. Earnings Statements and Pay Stubs
Records showing pay during FEMA service are useful in determining lost wages and verifying employment status during the time of service.
4. Notice to Employer
Copies of emails or written notice sent to the employer prior to the start of service. Even text messages or HR acknowledgment emails can be valuable.
5. Reemployment Request
Correspondence indicating a request for reemployment after service ended, along with the date of request, delivery method, and response from the employer.
6. Pre-Service Job Description
Retain a copy of your position description before being called into service to ensure proper reinstatement under the same seniority and conditions.
7. Performance Reviews and Personnel Files
If available, copies of past performance evaluations or HR documents showing positive history may help support the reemployment request.
8. Proof of Discharge or Service Completion
A DD-214 (for military service) or FEMA-issued service completion form. This proves honorable discharge and qualifies the individual for reemployment rights.
9. Disability Ratings (if applicable)
If the service-connected disability occurred during the FEMA deployment, any VA or medical documentation may impact reemployment options or workplace benefits.
10. Complaint or Claim Forms
Copies of USERRA claim forms, any correspondence with the Department of Labor’s Veterans’ Employment and Training Service (VETS), and other agencies supporting the claim.
Moreover, an employment attorney can further assist with such cases and help individuals claim their rightful compensation and benefits.
Understanding Uniformed Services Employment & Job Protections
When military or FEMA service disrupts civilian employment, USERRA ensures that the employee is restored to the position they would have held—had they not left. This includes restoration of seniority, participation in benefits programs, and sometimes even training or consideration for promotions.
For example, an Army Reservist who works in information technology and is deployed to assist FEMA during a national disaster must be allowed to return to their IT role under the same career trajectory they left. Any failure to do so may constitute a willful violation of USERRA and subject the employer to liability for back pay, legal fees, and even punitive damages.
Agencies That Handle USERRA Claims
If a service member or veteran experiences problems with reemployment, they can file a claim with the U.S. Department of Labor’s VETS office. If unresolved, the case may proceed to the U.S. Department of Justice or the Office of Special Counsel for federal employees.
Federal agencies are also bound by USERRA and cannot deny reemployment or preference based on military service. These rules apply across all departments—including FEMA itself.
In addition, President Biden has directed ongoing support for veterans’ rights and fair employment opportunities, especially for those returning from war zones or national disaster missions.
How Veterans Preference Laws Interact with USERRA
In some cases, veteran preference laws give qualified individuals an advantage when applying for federal employment. USERRA, meanwhile, guarantees the right to return to a previous job after military or FEMA service. While both sets of laws offer protection, they serve different purposes.
Preference applies at the hiring stage. USERRA applies at the reemployment stage. If you’re a FEMA reservist who qualifies under both, you may have multiple layers of protection.
Examples of Protected and Unprotected Service
Protected:
- A military member called to active duty for six months and returns within the required timeframe.
- A FEMA reservist sent to assist in response to a presidentially declared major disaster under federal orders.
- An employee on military training orders with documented notice given to their employer.
Not Protected:
- Voluntary service without official orders.
- Service that exceeds the 5-year limit with the same employer, unless exceptions apply.
- Refusal to return to work or provide documentation.
Tips for Employers for USERRA Protections
- Comply with notification requirements and respect deadlines.
- Maintain HR policies that support reemployment rights and legal consideration.
- Review internal forms and regulations to ensure consistency with USERRA.
- Never discriminate against current or former military personnel.
- Offer assistance and workplace support for returning employees.
Final Thoughts: Prepare, Protect, and Preserve
Handling USERRA protections, reemployment rights, and documentation duties requires diligence from both employees and employers. For those involved in FEMA, military, or uniformed services, having clear, organized records can determine the outcome of a claim.
If you’re a FEMA reservist, a veteran, or a civilian employer, understanding the interplay between USERRA, job protections, and federal agencies is essential to fulfilling your obligations and exercising your rights.
By keeping an organized checklist and being proactive, persons who serve can return to their jobs with the dignity and legal standing they’ve earned—and employers can avoid costly violations by simply doing what’s right. Our employment lawyers at Bourassa Law Group can help you find the best options for your situation and even fight your lawsuit for you in the best way possible.
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