Do members of the National Disaster Medical System (NDMS) have reemployment rights if they are activated because of a pandemic influenza outbreak?
Category: Human Resource Policies and Pandemic Planning Workplace Questions
Sub-Category: Re-Employment Rights
Answer:
Yes. Service in the National Disaster Medical System (NDMS) in response to a public health emergency, as well as authorized training to prepare for such service, is considered “service in the uniformed services” and is protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
Last Updated: 01/28/2008
