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UNCLASSIFIED 

National Geospatial-Intelligence Agency 

INSTRUCTION 

NUMBER 1406.1 

15 February 2013 

Administrative Update 04 November 2015 

HD 

SUBJECT: Uniformed Services Employment and Reemployment Rights Act 

References: (a) 38 U.S.C. Chapter 43, Section 4301 et seq., Employment and 

Reemployment Rights of Members of the Uniformed Services, 

13 October 1994 

(b) PD 1000R4, Workforce and Personnel, 05 January 2004 NGA 

Directive (NGAD) 1405, Employment and Placement, 18 May 2015 

(c) NI NGAD 1450.2R7, NGA Instruction for Administrative Grievance 

System and Adverse Action Appeals Process, 28 February 2011 

26 August 2013 

(d) NI 7410.8R3, NGA Instruction for Inspector General Investigations and 

Ombudsman Intervention, 27 July 2007 NGAD 7410, Inspector 

General Operations, 02 June 2014 

1. PURPOSE. This Instruction establishes policies and procedures for NGA employees

who are members of the military Reserve/National Guard, and are covered under the 

Uniformed Services Employment and Reemployment Rights Act (USERRA). This 

Instruction supersedes NI 1406.1, same title, 10 November 2009. 

2. APPLICABILITY. This NGA Instruction (NGAI) applies to all NGA and other

government agency employees who are permanently assigned to NGA, and are 

covered by USERRA. The guidance in this NGAI is NGA internal guidance only, and 

does not create any additional substantive or procedural right or benefit enforceable by

law or in equity by a party against the United States, its agencies, or entities, its officers, 

employees, or agents, or any other person, nor does it guarantee any specific results in 

its application. 

3. DEFINITIONS. See Glossary.

4. POLICY. It is NGA policy:

a. To recognize that many NGA employees serve in the United States military and

that USERRA protects NGA employees from being penalized for performing military 

duty or subjected to retaliation for asserting their rights under USERRA. This protection 

extends to witnesses who assist or testify in an investigation involving USERRA. 
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b. That unless precluded by military necessity, NGA employees who are activated 

for military duty are required to provide supervisors advance notice, orally or in writing.

Failure to provide notice could result in a denial of the protection of USERRA.

c. That USERRA does not apply to State military duty or governor call-ups of 

National Guard members.

d. That NGA will serve as a model employer and will comply with USERRA and all 

relevant legal guidance applying or interpreting USERRA.

5. RESPONSIBILITIES. See Enclosure 1.

6. PROCEDURES. See Enclosure 2.

7. EFFECTIVE DATE. This Instruction is effective on the date of signature.

Enclosures

1. Responsibilities

2. Procedures

Glossary
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ENCLOSURE 1

RESPONSIBILITIES

1. Director, NGA (D/NGA).

a. Is the final authority in determining if reemployment is impossible or 

unreasonable, in complaints stemming from alleged violations of USERRA. 

b. Submits individual and annual reports as required by Reference (a), for 

determinations that reemployment is impossible or unreasonable.

c. May designate the Deputy Director of NGA or the Chief Operating Officer of Staff 

to act in the D/NGA’s stead as the final decision authority.

2. Human Development (HD) Directorate.

a. Advises managers and employees on the application of USERRA.

b. Reviews employee requests and concerns pertaining to return to NGA duty made

pursuant to USERRA and in coordination with the Office of General Counsel, 

recommends the appropriate courses of action to the first line supervisor.

c. Ensures employees are informed of the appropriate procedures to follow in 

submitting a USERRA claim. 

3. Office of General Counsel (OGC). Provides legal opinions on USERRA requests 

and USERRA complaints to NGA Component supervisors/managers, HD Consultants, 

and other NGA offices as appropriate.

4. Office of Inspector General (OIG).

a. Receives complaints; verifies that the employee followed established USERRA 

claim procedures; attempts to informally resolve complaints of a violation by NGA of 

USERRA; and, if necessary, further investigates claims alleging USERRA violations.

b. Submits investigation report of an alleged USERRA violation to D/NGA or 

D/NGA’s designee for final determination.

5. NGA Component Supervisors/Managers.

a. Meet with employees to resolve USERRA issues at the lowest level.

b. Seek assistance from HD to help resolve difficult USERRA issues.
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6. Employees:

a. Provide reasonable notice to their supervisor of requirements to perform military 

duty via verbal or written communication (e.g., e-mail, military orders, etc.).

b. Upon completion of military duty, discuss USERRA issues with their supervisor 

as necessary, and attempt to resolve them at the lowest possible supervisory level.

c. Submit alleged USERRA violations to OIG, if established claim procedures have 

been denied.
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ENCLOSURE 2

PROCEDURES

1. Initiating the USERRA process. The USERRA process begins when the employee

provides notice to the supervisor that the employee will be reporting for military duty. 

Supervisors should understand that the employee has not “abandoned” the position, that 

the employee should be considered as fully performing duties to the same extent and at the 

same level as before departure. Upon return, the employee will notify their supervisor that 

the military service has been completed and is entitled to the rights and benefits of 

employment that accrued while performing military duties. The supervisor will ensure that 

the employee is reemployed under the terms and conditions mandated by USERRA, unless 

exempted.

2. Reemployment Rights. NGA will reinstate returning employees once timely notification 

from the employee has been received, absent a specific exception. A letter, telephone call, 

or e-mail notification of return to civilian duty are acceptable means of timely notification. 

NGA may not delay the employee’s reinstatement, but may require that evidence of the 

qualifiers be provided to NGA within a reasonable time frame after reemployment.

According to USERRA, an employee is eligible to apply for reemployment if:

a. The employee was in uniformed service during the absence from civilian employment.

b. NGA received advance notice of the employee’s uniformed service, unless excused 

by military necessity.

c. The employee has no more than five years of cumulative uniformed service away 

from NGA.

d. The employee returns to work or applies for reemployment according to the USERRA 

timetable.

e. The employee did not receive a disqualifying discharge or other-than-honorable 

separation from military service.

3. Reemployment Timetable. There are specified time periods regarding the employee’s 

return to duty and application for reemployment. In all instances, except when an employee 

is delayed due to injuries received during military service, employers must allow employees 

eight hours of rest following safe transportation from place of service to residence. The 

periods allowed for return to duty are as follows:

a. An employee whose uniformed service was less than 31 days is required to report 

back to work not later than the beginning of the first regularly scheduled work day allowing 

for eight hours of rest following the safe transportation from place of service to residence.
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b. If the service was for more than 30 but less than 181 days, the employee must submit 

an application for reemployment not later than 14 days after completion of service.

c. If the period of service is for more than 180 days, the employee must submit an 

application for reemployment not later than 90 days after completion of service.

d. Employees convalescing from injuries received during service have up to two years 

from the date of completion of service to apply for reemployment. The employee must 

provide documentation that establishes the timeliness of the application for reemployment, 

the duration of the military service, and type of discharge. An employee who does not 

report within the time limits specified by USERRA does not automatically forfeit restoration 

rights, but is subject to the policies and disciplinary actions normally applied for similar 

absences without authorization.

4. 5-Year Cumulative Service Limit. There is a 5-year cumulative service limit on the 

amount of voluntary military leave an employee can use and still retain reemployment rights. 

The 5-year total does not include: inactive duty training (drills); annual training; involuntary 

recall to or retention on active duty; voluntary or involuntary active duty in support of a war, 

national emergency, or certain operational missions; or additional training requirements 

determined necessary for professional development and certified in writing by the Service 

Secretary. The 5-year cumulative service limit may be applied when employees on military 

orders participate in non-training active duty activities.

5. Escalator Principle. In accordance with Reference (a), reemployed Reservists are 

subject to the escalator principle regarding job position, pay, benefits, etc, during their 

absence for military duty. 

6. Contacting Military Commanders. When military duties require an employee to be absent 

from work for an extended period, or when the requested military leave is cumulatively 

burdensome, the employee’s supervisor may contact the military commander of the 

employee’s military unit to determine if the duty could be rescheduled or performed by 

another member. If the military commander determines that the military duty cannot be 

rescheduled or canceled, the supervisor is required to permit the employee to perform his 

or her military duty.

7. Enforcement of USERRA Rights. An NGA employee covered under USERRA who 

alleges reemployment was not in accordance with USERRA, or that NGA’s failure to 

reemploy was otherwise wrongful, may only submit a claim OIG. OIG will investigate and 

resolve the claim in accordance with OIG investigative procedures and Ombudsman 

intervention. 
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GLOSSARY

DEFINITIONS

Escalator Principle A provision of USERRA that entitles returning service members to be 

reemployed in the job that they would have attained had they not 

been absent for military service, with the same seniority, status and 

pay, as well as other rights and benefits determined by seniority. 

Non-Training Active Duty Many Reservists/National Guard members perform tours of active 

duty that are not for training. This can range from short notice active 

duty tours to support exercises or work on special projects, to years 

of active duty in the Active Guard Reserve (AGR) or similar 

programs. Most duties of this type are subject to the 5-year 

cumulative service limit, after which the employee may no longer 

have reemployment rights under USERRA with their civilian agency.

Uniformed Services USERRA defines the uniformed services as the Army, Navy, Marine 

Corps, Air Force, Coast Guard, and the commissioned corps of the 

Public Health Service. The Army National Guard and Air National 

Guard qualify when performing active duty for training, inactive duty 

training, or full-time National Guard duty not in the service of the 

State Governor.