12 . USERRA a pplies to members of the Armed Forces, Reserves, National Guard, and other “Uniformed Services” (including the National Disaster Medical System and the Commissioned Corps of the Public Health Service). A right or benefit is seniority-based if it is determined by or accrues with length of employment. For periods of service of 181 days or more, it is one year. While this fact sheet is directed to civilian employers of members of the National Disaster Medical System, it should be noted that Active component members, Public Health Service Commissioned Corps members, and certain others are also protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA), if they meet the eligibility criteria. Award of back pay or lost benefits may be doubled in cases where violations of the law are found to be “willful.” “Willful” is not defined in the law, but a violation is considered willful if the employer’s conduct was knowingly or recklessly in disregard of the law. Employers, regardless of size, are required to provide to persons entitled to the rights and benefits under USERRA, a notice of their rights, benefits and obligations. Intermittent employees of the National Disaster Medical System (NDMS) are also considered to be performing "service in the uniformed services" and protected by USERRA when activated to provide assistance in a public health emergency, to be present when there is a risk of a public health emergency, or when participating in authorized training. Employers are also prohibited from discriminating on the basis of service in the military, the National Disaster Medical System, and the commissioned corps of the Public Health Service. The .gov means it’s official. Prompt reinstatement (generally a matter of days, not weeks, but will depend on the length of absence). This applies to rights and benefits determined by seniority as well. more information about ESGR Ombudsman Services, see ESGR's Website at: www.esgr.mil, Committee for EmployerSupport of the Guard and Reserve4800 Mark Center Drive, Suite 03E25Alexandria, VA 22350Toll-Free: 800-336-4590. (202) 690-7816