Serving Reserves and Civilian Employers

1. 1 Serving Reserves and Civilian Employers

2. 2 Preparing for Activation During this session we will consider the law that protects your jobs from any prejudice because you are in the military. Awareness of this law is part of your preparing for deployment whether you are scheduled for departure in the near or distant future. During this session we will consider the law that protects your jobs from any prejudice because you are in the military. Awareness of this law is part of your preparing for deployment whether you are scheduled for departure in the near or distant future.

3. 3 Topics/Agenda We will discuss the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) and the role of the Employer Support of the Guard and Reserve (ESGR) in providing awareness of the law to employers and service members and gaining the support of employers for their citizen soldier employees. We will discuss the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) and the role of the Employer Support of the Guard and Reserve (ESGR) in providing awareness of the law to employers and service members and gaining the support of employers for their citizen soldier employees.

4. What is ESGR Employer Support of the Guard & Reserve (ESGR) is an agency of the Department of Defense and organized as part of the Office of the Assistant Secretary of Defense for Reserve Affairs. (Former CG, MFR, Lt Gen Dennis McCarthy) that seeks to develop and promote a culture in which American employers support and value the military service of their employees. We advocate relevant initiatives, recognize outstanding support, increase awareness of applicable laws, and resolve conflict between employers and service members 4

5. Organization Established in 1972 54 State Committee Chairman inclusive, Territories, and District of Columbia (2-star level protocol) 4,800 volunteers 58 ESGR HQ staff 195 Military/Civilian/Contractors support in the field 4 Reserve Component Liaisons Uniformed Services Employment and Reemployment Rights Act (USERRA) expert; Ombudsman Primary role to inform and educate 5

6. 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 informal mediation. 6

7. Reserve Component Liaison Educate Reserve members on USERRA & ESGR, particularly just prior and just after deployment Send direct mail on USERRA / ESGR to Reserve members Encourage Statement of Service signings among military leadership Gain & maintain relationships with area Reserve leaders and units Engage recruiters Work with public affairs to place information in military/civilian publications, web-sites and newsletters 7

8. Uniformed Service Employment & Reemployment Rights Act (USERRA) Primary purpose: Protect employment rights of persons who also serve in the uniformed service. That is: protect employees who engage in military service to the same level of seniority, status, pay and benefits that would have accrued, but for the service. 8

9. 9 Termination Discrimination Job Placement Pay Rate Work Schedule Top USERRA Violations The basic rule is that G/R must be treated just like their peers who were not deployed or not serving in the military. Employees can be terminated, salaries reduced, schedules changed etc only if non-military employees were treated the same way. Termination � some times G/R are terminated during the deployment or upon an attempt to return to work. In most cases this is illegal. Exceptions occur if employees in similar positions who were not deployed were also terminated. This includes closing a company, division, or laying-off a formal group of employees. Discrimination may include any treatment that occurs because you are in the military. Indicators are a pattern of conversations, missed promotions, or assignments made specifically to those in the military. Job Placement � will frequently be tied to status issues Pay Rate � returning G/R are entitled to the pay they would have if they had not been deployed. That is, if raises or promotions were given to those remaining on the job, the returning G/R must be given the same raise upon their return. Work Schedule � since work schedule is sometimes related to time in service, remember a returning G/R must be treated as if they had never left. So their time in service includes deployment time and the personal time they are entitled by USERRA to use upon returning. The basic rule is that G/R must be treated just like their peers who were not deployed or not serving in the military. Employees can be terminated, salaries reduced, schedules changed etc only if non-military employees were treated the same way. Termination � some times G/R are terminated during the deployment or upon an attempt to return to work. In most cases this is illegal. Exceptions occur if employees in similar positions who were not deployed were also terminated. This includes closing a company, division, or laying-off a formal group of employees. Discrimination may include any treatment that occurs because you are in the military. Indicators are a pattern of conversations, missed promotions, or assignments made specifically to those in the military. Job Placement � will frequently be tied to status issues Pay Rate � returning G/R are entitled to the pay they would have if they had not been deployed. That is, if raises or promotions were given to those remaining on the job, the returning G/R must be given the same raise upon their return. Work Schedule � since work schedule is sometimes related to time in service, remember a returning G/R must be treated as if they had never left. So their time in service includes deployment time and the personal time they are entitled by USERRA to use upon returning.

10. 10 We fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA) Our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve We will continually recognize and support our country�s service members and their families in peace, in crises, and in war SoS Employers Agree: Meeting with employers on their signing of Statements of Support gives us a chance to discuss the USERRA law, the education their supervisors need to support the law, and the HR policies that should be in place to protect everyone. The SOS statement basically says that the employer Knows there is a law Is willing to obey it Will give managers and supervisors the support they need to manage G/R appropriately. Meeting with employers on their signing of Statements of Support gives us a chance to discuss the USERRA law, the education their supervisors need to support the law, and the HR policies that should be in place to protect everyone. The SOS statement basically says that the employer Knows there is a law Is willing to obey it Will give managers and supervisors the support they need to manage G/R appropriately.

11. 11 Does USERRA protect Reserve Service members if service was voluntary or weekend drills? Are Reserve Service members required to provide written orders for military duty? Does the Reserve Service member have to find a replacement for their absence on military duty? Does the Reserve Service member have to use vacation time for military service? Frequently Asked Questions There is no difference between voluntary and involuntary service � also applies to weekend drills. Providing a written copy of orders is not required, however it is better to provide some written statement of departure and estimated duration of duty. If orders exceed 30 days, employer can require a copy be provided. In some cases the G/R member gets little or no notice. Then a phone call from the G/R, from the unit leader, or even from a family member is sufficient. Credibility suggests that this notification is not the first indication that the person is in the G/R. G/R is not required to let employer know when they are returning or if their term is extended, but it is really good policy to keep the employer informed. No replacement is required, just advanced notice, if possible. No, the employee may use vacation days, but it is unlawful to require an employee to utilize vacation days. There is no difference between voluntary and involuntary service � also applies to weekend drills. Providing a written copy of orders is not required, however it is better to provide some written statement of departure and estimated duration of duty. If orders exceed 30 days, employer can require a copy be provided. In some cases the G/R member gets little or no notice. Then a phone call from the G/R, from the unit leader, or even from a family member is sufficient. Credibility suggests that this notification is not the first indication that the person is in the G/R. G/R is not required to let employer know when they are returning or if their term is extended, but it is really good policy to keep the employer informed. No replacement is required, just advanced notice, if possible. No, the employee may use vacation days, but it is unlawful to require an employee to utilize vacation days.

12. Employment Initiative ProgramEIP EIP is a work in Progress. Unprecedented levels of service members unemployment and under-employment. Unemployment can effect Readiness. DOD has tasked ESGR to set and engage in activities to assist SMs and Family members opportunities in the civilian workplace. 12

13. Civilian Employment InformationCEI MARADMIN 678/10 Reporting Procedures in MCTFS. Service Member required to update annually Critical data for DOD and ESGR employment outreach 13

14. 14 Operational Reserve A changed military requires different thinking for military and for employers. Guard and Reserve personnel are a critical component of our nations strategy for protection. Movement of the reserve and guard from a strategic to an ever increasing operational force has changed the way employers need to support our military.A changed military requires different thinking for military and for employers. Guard and Reserve personnel are a critical component of our nations strategy for protection. Movement of the reserve and guard from a strategic to an ever increasing operational force has changed the way employers need to support our military.

15. 15 We all serve, service member, employer and family.We all serve, service member, employer and family.