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Employer Support of the Guard and Reserve

Employer Support of the Guard and Reserve. The VTARNG Deployment, ESGR and Military Leave Overview For Human Resources Professionals. Agenda. VT Army Guard deployment ESGR Vision – Mission ESGR Programs and Services USERRA Overview Points of Contact. The 86 th Brigade Mission.

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Employer Support of the Guard and Reserve

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  1. Employer Support of the Guard and Reserve The VTARNG Deployment, ESGR and Military Leave Overview For Human Resources Professionals www.esgr.mil

  2. Agenda • VT Army Guard deployment • ESGR Vision – Mission • ESGR Programs and Services • USERRA Overview • Points of Contact www.esgr.mil

  3. The 86th Brigade Mission CJTF Phoenix (86TH BCT) trains and mentors the Afghan National Security Forces (Army, Border Patrol, Police) to conduct independent, self-sustained counterinsurgency and security operations in order to defeat terrorism and provide a secure, stable environment within the borders of Afghanistan. End State: A trained National Security Force that is well respected; multi-ethnic; sustainable; and capable of effectively conducting law enforcement, counter-insurgency, and border security activities without the support of the International Community. www.esgr.mil

  4. X X XXX XXX XXX XXX XXX X X X X X X 1 203 X X ANA Garrison Locations 209 209 1 Konduz MeS 209th Corps 207 X 201 2 207 1 Kabul 201st Corps Jalalabad Herat 207th Corps 203 203 201 3 Kabul Gardez 201(-) 2 Shindad Khowst Ghazni 203rd Corps 201 3 201 1 Farah 205 2 205 PeC Daruleman 205 3 205 1 Qalat Kandahar Tombstone 205th Corps Current Permanent Garrision Future Permanent Garrision www.esgr.mil

  5. ANP District Locations RPAC NORTH RPAC WEST RPAC CENTRAL RPAC EAST RPAC SOUTH www.esgr.mil

  6. BRIGADE UNIT LOCATIONS HQ IBCT VT 1-102 IN CT 3-172 IN VT, ME, NH 1-172 CAV VT 1-101 FA MA, VT 186 BSB VT, CT, MA 86 BSTB VT, MI, CO www.esgr.mil

  7. Swanton Enosburg Falls Newport St. Albans Jericho Jericho Colchester Morrisville Lyndonville Winooski Williston Berlin Vergennes Northfield Bradford Windsor Rutland Westminster Bennington UNIT LOCATIONS IN VERMONT www.esgr.mil

  8. BRIGADE’S ALERT FOR MISSION • An alert order directs a unit to prepare for a potential deployment based upon the needs of the nation, it does not guarantee that the alerted unit will actually deploy • On 13 May 2008, 86th IBCT (MTN) received an alert order to prepare to assume the mission of CJTF Phoenix X in 2010. www.esgr.mil

  9. BRIGADE’S MOBILIZATION ORDER • A MOB order is the next step in the deployment process • If approved, HQDA will publish the MOB order which will contain: • Mobilization Date • Designated MOB Station • Other specific mobilization information • We have not received a MOB order at this time. It is normally published 3 to 6 months from the mobilization date • At this point we do not have any exact dates. We are waiting on the mobilization dates for the unit that goes before us, which will lock in our mobilization dates. www.esgr.mil

  10. TRAINING REQUIREMENTS FOR MOUNTAIN BRIGADE SOLDIERS Units must complete the following tasks prior to mobilization: • 32 Army Warrior Tasks and 11 Battle Drills • Soldier Readiness Processing (SRP) • Squad Live Fire Exercise • Platoon External Evaluation • Brigade/Battalion HQs must complete two separate Staff Exercises www.esgr.mil

  11. Brigade Planning Calendar www.esgr.mil

  12. What’s next? • We will proceed with our training plan in accordance with the alert order • Continue to improve our readiness level (personnel, equipment, training) • Wait for a Mobilization order to give us more specific information on when we will mobilize • Encourage soldiers to be in touch with their supervisors concerning the upcoming deployment and their absence www.esgr.mil

  13. ESGR Vision & Mission Statement • Vision • Develop and promote a culture in which all American employers support and value the military service of their employees. • Mission Statement • We will gain and maintain employer support for Guard and Reserve service by recognizing outstanding support, increasing awareness of the law, and resolving conflicts through mediation. www.esgr.mil

  14. ESGR Structure • National Defense Advisory Board • Provides guidance, direction and oversight • National Committee/Staff (Arlington, VA) • Develops programs and services and provides support to the Field Committees • Field Committees • Implements programs, comprised of over 4,500 volunteers in every State, Territory and Europe • Subcommittees • Serves as advisory committees to NCESGR www.esgr.mil

  15. Programs and Services • Proactive • Employer and Military Outreach through Statements of Support, Employer Awards, Briefing with the Boss, Boss Lifts, Military Liaison • Reactive • Ombudsman Services www.esgr.mil

  16. Employer Outreach • National • Strategic partnerships w/industry associations (SHRM) • Direct Outreach to service members and known employers • National public affairs / media relations activities • Local • Employer Recognition, Employer education, Briefings with the Boss, Statements of Support, Boss Lifts • Ombudsman Services www.esgr.mil

  17. Statement of Support • A statement signed by the employer to show their support for the Guard and Reserve and willingness to comply with USERRA • All Guard and Reserve members should encourage their employer to sign this statement to display their support • Employers can request a SoS at http://www.esgr.mil www.esgr.mil

  18. Employer Awards • Employer Awards recognize the outstanding support America’s employers are providing our service members • Employer recognition starts with the military member nominating their employer • Military members can nominate their employer at http://www.esgr.mil www.esgr.mil

  19. Briefing with the Boss • An exchange of information between employers, unit leaders and ESGR Volunteers • Educate employers and unit leaders • Opens up communication • Builds relationships, develops partnerships • Coordinate briefings through the State Committee • August 19 ESGR-RVHRA employer event www.esgr.mil

  20. Military Outreach • ESGR volunteers who provide assistance to military units • Provide training and guidance to the unit appointed employer support representative • Promote and assist with unit employer outreach activities • Assist with employer relations / USERRA training during pre and de-mobilization www.esgr.mil

  21. Ombudsman Services • Ombudsmen are specially trained Volunteers and national staff members • Ombudsmen are neutrals who assist civilian employers and service members resolve disputes related to military duty • An Ombudsman’s goal is to help the parties reach an agreement that meets the tenets of USERRA www.esgr.mil

  22. Ombudsman Process Overview 1. DISAGREEMENT Between Employee & Employer 4. OMBUDSMAN ACTION Possible Outcomes: - Resolved: Agreement reached - Not resolved: provide options to file w/DOL(VETS) – private attorney Document resolution & Close • 2. SOMEBODY CALLS CSC: • Our “Gateway to ESGR” at 1-800-336-4590. • - Is it USERRA related? • - Is an Ombudsman Needed? • Open/Assign Case • 2a.Online Form • 2b. Directly to FC Ombudsman 3A. QUESTION ANSWERED Information only inquiry National Case Managers Regionally aligned Track cases Assist Ombudsmen OR 3B. Ombudsman Assigned Normally based on Employer location www.esgr.mil

  23. USERRA Overview (USERRA) - Uniformed Services Employment and Reemployment Rights Act • Enacted in 1994, but its roots date back to 1940. 38 U.S.C. §§ 4301-4334 • Covers virtually every U.S. employer, regardless of size, both here and overseas • Applies to U.S. Public Health Service Commissioned Corps (PHSCP) • Applies to the National Disaster Medical System (NDMS) • Does not apply to Guardmembers on State active duty, self-employed individuals, partners or students • Includes discrimination against employment, reemployment, termination, promotion and benefits • Applies to Voluntary as well as Involuntary Service www.esgr.mil

  24. Code of Federal Regulations • 20 C.F.R. Part 1002 • Written in “plain-English” in a question-and-answer format • Covers all aspects of USERRA as it relates to private employers, federal, state and local governments • 5 C.F.R. Part 353 • Provides additional guidance related to Federal agencies. www.esgr.mil

  25. USERRA Protections • An employer must not deny: • initial employment • reemployment • retention in employment • promotion • or any benefit of employment to an individual on the basis of his or her membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. • 38 U.S.C. 4311 (a) www.esgr.mil

  26. Service Member Rights • Military Leave of Absence • 20 CFR § 1002.149 • Prompt reinstatement back into job • 20 CFR § 1002.181 • Accumulation of seniority as if never left • Escalator Principle • 20 CFR § 1002.191 – 1002.199 www.esgr.mil

  27. Service Member Rights • Immediate reinstatement of health insurance • 38 USC 4317 • 20 CFR § 1002.163-171 • Training or retraining of skills as necessary • 38 USC 4314(a) • 20 CFR §1002.198 www.esgr.mil

  28. Service between 31 – 180 Days Protected against discharge without cause for a period of 180 days 20 CFR § 1002.247 Service greater than 180 Days Protected against discharge without cause for a period of 1 year Employer Has Burden of Proof 38 USC 4316 (c) 20 CFR § 1002.247 – 1002.248 Protection against Discharge 6/6/2014 www.esgr.mil 28

  29. Does the employer need to give the returning service member their very same job back? Not always. Options: Pre-service position, or Escalator position, or Position of like seniority, status and pay 20 CFR § 1002.191 – 1002.199 Reemployment Position 6/6/2014 www.esgr.mil www.esgr.mil 29

  30. Reasonable Accommodations for Disabled Veterans • Employer is obligated to make reasonable efforts to accommodate disability • If cannot become qualified, employee must be reemployed in position: • Equivalent in seniority, status and pay • Nearest approx to the equivalent position • May be higher or lower than escalator position • 38 USC 4313 (a) (3) • 20 CFR § 1002.225 www.esgr.mil

  31. Five-Year Limit • Maximum period of military service to maintain reemployment rights under USERRA • 20 CFR § 1002.100 • Numerous exemptions including; required professional development training, all involuntary service and some voluntary service for critical missions • 20 CFR § 1002.103 • Change employers – the 5-year limit resets • 20 CFR § 1002.101 www.esgr.mil

  32. Service Member Responsibilities • Service Member • Provide prior notice to employer (preferably in writing) • Serve under honorable conditions • Return to work in a timely manner: • Service Time Requirement • 1-30 Days………….. Report next scheduled work day after service, safe transportation, and 8 hours rest • 31-180 Days………. Apply within 14 days • 181+ Days…………. Apply within 90 days • 20 CFR § 1002.115 • Hospitalization or convalescence • Up to 2 years • 20 CFR § 1002.116 www.esgr.mil

  33. Assistance and Enforcement • Employer leadership • Employer Human Resource • Unit Chain of Command • ESGR Customer Service Center / Ombudsman • US Dept of Labor/VETS • Dept of Justice or US Special Counsel • Private counsel • Statute of limitations? • 38 USC 4321 – 4326 • 20 CFR § 1002.277 – 313 www.esgr.mil

  34. Relevant FMLA Issues • Standard provisions: • Up to12 weeks of job-protected leave if • Covered employer – 50 or more employees in 20 or more workweeks and • Eligible employee – worked for employer for total of 12 months (can be collective) and worked at least 1,250 hours over previous 12 months and worked at location with at least 50 employees employed within 75 miles www.esgr.mil

  35. New Relevant FMLA Provisions • FMLA amended as result of the National Defense Authorization Act of FY 2008 • “Military Family Leave Entitlements” • Military Caregiver Leave • Qualifying Exigency Leave www.esgr.mil

  36. Military Caregiver Leave • Up to total of 26 workweeks of unpaid leave during single 12-month period to care for service member • Spouse, son, daughter, parent or next of kin of covered service member • Current member of Armed Forces • Period begins on first day of leave, ends 12 months later www.esgr.mil

  37. Qualifying Exigency Leave • Up to 12 workweeks of unpaid leave • Employee’s spouse, son, daughter or parent on active duty or notified of impending order to active duty • Available to family member of a military member of the National Guard or Reserve • 7 specific qualifying exigencies plus general www.esgr.mil

  38. Other Family Military Leave considerations • Employee Notice – 30 days in advance if foreseeable and practicable • Employer Notice – posting/handbook/given new employees and specific to employee request • Certification Requirements • Active Duty orders • Authorized healthcare provider or Invitational Travel Order/Authorization www.esgr.mil

  39. Heroes Earnings Assistance and Relief Tax Act (HEART Act) • Retain employer death and disability benefits • Differential wage payment treated as regular taxable income that counts as compensation for tax and retirement plans – workers continue to earn pension benefits while serving in the military • Exemption allowing reservists called to active duty to withdraw from RSA’s without penalty • Military death benefit allows transfer into IRA/Roth or ESA in addition to maximum allowable annual contribution www.esgr.mil

  40. Action Items for HR • Reach out to identify employees to deploy • Discuss organization and position needs with employee; prepare for transition out and back into organization • Know employer-employee rights under USERRA • Stay in touch with employee and offer support to the employee’s family • Sign and display an Employer Statement of Support • Volunteer www.esgr.mil

  41. Scenario #1 • Employee has been with the organization for 4-years and leaves for 1-year mobilization. During that time absent for military duty, annual evaluations are due. The employer includes comments about the mobilization and decreases the grades from the prior year. • Is there a potential USERRA violation? www.esgr.mil

  42. Scenario #2 • Employee is a teacher on an annual renewable contract. She has notified her supervisor that she will be deployed in 3 months. He tells her that he may not be able to renew her contract when she returns. • Is this a potential USERRA violation? www.esgr.mil

  43. Scenario #3 • Employee has been deployed for 12 months, has re-deployed to the state and is ready to return to work. What actions should he and his supervisor take? www.esgr.mil

  44. Contact Information • Employer Support of the Guard and Reserve (ESGR) • Free Education, Consultation, and Mediation • 1-800-336-4590 (Option 1) • USERRA@osd.mil • http://www.esgr.mil • Department of Labor, Veterans Employment and Training Service (DOL/VETS) • Formal Investigation and Assistance • http://www.dol.gov/vets • 1-866-4-USA-DOL (866-487-2365) www.esgr.mil

  45. Local Resources • Vermont Committee for ESGR: • (802) 485-1824 or 485-1861 • david.j.wheel@us.army.mil • linda.fowler@us.army.mil • For USERRA briefing, respond to an inquiry, assistance with military leave policy or resolution of an issue with an employee • Online at www.esgr.mil (in-depth access to USERRA information) www.esgr.mil

  46. Contact Information (con’t) • Office of Special Counsel • Protect Federal Employees from prohibited personnel practices • 1-202-254-3620 • USERRA@osc.gov • http://www.osc.gov/userra.htm www.esgr.mil

  47. Questions? www.esgr.mil

  48. Serving Our Nation - Together www.esgr.mil

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