
	Search:

Legal Protections

Will MRC members who deploy federally have legal protections?

Under section 2813 of the Public Health Service Act (as added by the Pandemic All Hazards and Preparedness Act), during a public health emergency, the Secretary of HHS may appoint MRC volunteers as Intermittent Disaster Response Personnel, which grants them the following legal protections when they are working within the scope of their Federal employment:

Liability protection
Workers’ compensation
Employment protection

What liability protection will MRC members who deploy federally have?

MRC volunteers who are activated as intermittent federal employees are covered by the Federal Tort Claims Act (FTCA). Some features of this act include:

Covered employees not personally liable for negligent acts committed within scope of federal employment
The United States is the only defendant that may be held liable for negligent acts or omissions, not the individual employee
Claimant cannot sue without first seeking administrative determination of liability
Suits permitted only in federal court, not in state court
Suits can only be tried before a judge, not a jury
Punitive damages are not permitted

Are MRC members who deploy federally covered under workers’ compensation if they are injured on the job?

Yes. MRC volunteers who are deployed as part of a federal response are eligible to be covered under the Federal Employees Compensation Act (FECA), the federal workers’ compensation statute. Occupational injury or illness suffered while acting within the scope of appointment of the deployment is deemed “in the performance of duty” for the purposes of FECA, as long as they are engaged in work in furtherance of duties and responsibilities of the scope of appointment.

Will MRC members who deploy federally have re-employment protection?

Yes. They are covered under the Uniformed Services Employment and Reemployment Rights Act (USERRA):

MRC volunteers who deploy as part of a federal activation will be designated as intermittent unpaid federal employees and are considered members of the “uniformed services” for all purposes of USERRA.
USERRA seeks to ensure that those who serve their country can retain their civilian employment and benefits and can seek employment free from discrimination because of their service.
If a member of the uniformed services, including an MRC volunteer, provides his or her employer with advance notice of federal activation (when practical), the employer must allow the employee leave of absence during deployment and reinstate him or her to his or her prior employment (or equivalent employment) upon the employee’s request after he or she returns.
No small business or employer hardship exception that permits certain employers to deny such a leave of absence for federal deployment.
Certain eligibility requirements apply (e.g., must not have been terminated for misconduct while serving on federal status; must not have exceeded cumulative limit on periods of active federal service).

Last Updated on 7/9/2009