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Iowa

Iowa. Military Resources. ESGR at a Glance. Becky Coady Iowa ESGR. Overview. Secretary of Defense Initiative - 1972 Active duty military forces needs Guard & Reserve forces Guard & Reserve forces are about ½ of today’s military

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Iowa

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  1. Iowa Military Resources

  2. ESGR at a Glance Becky Coady Iowa ESGR

  3. Overview • Secretary of Defense Initiative - 1972 • Active duty military forces needs Guard & Reserve forces • Guard & Reserve forces are about ½ of today’s military • Guard & Reserve members with special skills are utilized in community support missions such as the Agricultural Team sent to Afghanistan

  4. State ESGR Staff • 3 paid staff • Facilitate programs • Report to National ESGR • Support State volunteers • 160 volunteers statewide • Employer Outreach • Military Outreach • Ombudsman • Employment Initiative Program

  5. Mission • To gain and maintain support from all public and private employers for the men and women of the National Guard and Reserve • Education (USERRA) • Consultation (Clarification of Law, HR Policy) • Mediation (Ombudsman Program) • Employment Initiative Program

  6. Education Programs Employer Outreach • Boss lifts • Brief the Boss • Lunch and Learn • Resource Military Outreach Liaison • ESGR Awards Program • USERRA Briefs Employer Support of the Guard and Reserve

  7. Mediation ServicesLuke Craven Ombudsman Program • Free USSERA Mediation and Consultation • Available to employers as well as military • Represent and assist both parties with any needs. We are not partial to one party over another and should not take sides.

  8. Mediation Services:The Process • Generating a case number • Contacting the employer or employee • Case evaluation • Advise as to the law and the applicable rights pursuant to the law • Attempt to reach a resolution between the parties • Case closure

  9. Employment Initiative Program (EIP) Mission of (EIP) • Identify and Enhance Employment Opportunities for Service Members and Spouses Using Local Resources. End State = • An infusion of Veterans, Currently Serving Guard, Reserve Members and Spouses into meaningful jobs.

  10. Why EIP? Military National Unemployment 10.9% 9/11 Vets Unemployed – 20.9% 18-24 Yr Olds 2011 Iowa BCT Deployment • 2800 + deployed • 604 not employed and not a student • 271 Underemployed Duplication of Effort 27 Private Veteran Job Assistance Programs and at Least 5 Federal/DoD programs.

  11. How Does EIP Work? Employer Partnership of the Armed Forces www.employerpartnership.org Job Connection Education Program (JCEP) www.jcep.info Hero 2 Hired www.H2H.jobs/employers EAT Workshops, DoD YR Events, Job Fairs, Military Leaders Use Local Resources Already Available Iowa Workforce Development (ITAP program) • SHRM, DoD Yellow Ribbon

  12. Employment Assistance Training (EAT) • I Day Course – Teach Successful Job Search Techniques • Partnerships- ESGR, DOL, SHRM and Local Universities. • Available to G/R and their spouses. (35 MAX) • Order of Priority • Guard/Reservists without jobs • Guard/Reservists with jobs looking for a better job • Spouses • May 4 – Sioux City

  13. Tony SmithhartDirector DOL VETS - Iowa USERRA: Ensuring Your Employment and Reemployment Rights Are Protected

  14. VETS’ ROLE IN USERRA The Veterans’ Employment and Training Service (VETS) administers and is responsible for the enforcement of USERRA Inform & educate Service members and/or employers on the USERRA law Upon receipt of a complaint VETS immediately conducts formal investigations

  15. USERRA Codified • 38 U.S.C. 4301-4335 (Statute) • 20 C.F.R. 1002.1-1002.314 (non-Federal sector regulations) • 5 C.F.R. 353.101-353.304 (Federal sector regulations)

  16. USERRA Overview Uniformed Services Employment and Reemployment Rights Act (USERRA) Covers virtually all U.S. employers, regardless of size, both here and overseas

  17. Purposes of USERRA Law • To encourage service in the Uniformed Service • Minimize disruption of lives by providing for prompt reinstatement following service

  18. Who is Covered? Service in the Armed Forces: Active, Guard and Reserve An examination to determine fitness for military service (MEPS), or funeral honors duty Weekend drills and annual training Deployments Voluntary or involuntary service performed under orders

  19. USERRA Provisions • Prohibit employment discrimination on basis of past, current, or future military obligations • Protect reemployment rights with pre-service employers for veterans, and Guard and Reserve Service members • Prohibit retaliation

  20. Basic USERRA Protections Discrimination/Retaliation prohibited Initial hiring Promotions Retention in employment Employment benefits (seniority v. non-seniority) Benefits during service Health plan continuation of coverage Benefits after reinstatement: Health plan, pension benefits, seniority

  21. USERRA Health Benefits • 38 U.S.C. § 4317(a)(1)(a) Employee may elect to continue employer-sponsored coverage for 24 months upon leaving for active duty. • Similar to COBRA, but no restriction on employer size

  22. Reemployment Eligibility 5 Criteria For USERRA protections, the employee must: Be absent from civilian employment due to service Provide advance notice to employer (oral or written) Have 5 years or less service (w/ exceptions) Submit timely application for reemployment Have no disqualifying discharge

  23. Reinstatement • Returning employee must be promptly reinstated in same position of seniority, status, and rate of pay s/he would have attained had s/he remained continuously employed “Escalator Principle” – dates back to 1946

  24. Pension Benefits • Employee considered to be in LWOP status while on active duty • USERRA incorporates ERISA definition of employee pension benefit plan • Regulations provide criteria and time frame for matching and make-up contributions

  25. VETS’ Complaint Process • Claimant must submit formal complaint form, VETS 1010 • VETS 1010 is located on website at: www.dol.gov/vets, on USERRA elaws Advisor • Electronic complaint form, VETS e1010 may be completed and submitted online

  26. VETS’ Complaint Process • No investigations or contacts with an employer initiated absent a signed 1010 • Once 1010 received, formal investigation opened within 5 business days. (e1010’s processed more rapidly) • All documentary evidence will be obtained, and all available identified witnesses interviewed • VETS has subpoena power; increasingly used

  27. VETS’ Complaint Process • VETS is neutral during investigation • Claimants not satisfied with outcome may request referral to U.S. Department of Justice or U.S. Office of Special Counsel for further consideration and possible representation • Claimant may also opt for private attorney at own expense

  28. General Considerations • Always best to avoid litigation; attempt to resolve disputes at lowest level possible by contacting the ESGR • Two-way communication essential for avoiding disputes

  29. ESGR’S ROLE IN USERRA • ESGR Ombudsmen • Specifically trained ESGR Team who proactively assist Service members and employers resolve USERRA employment related problems • Volunteers are located in all 50 States, Territories and the District of Columbia • Are confidential, neutral participants in all efforts • Serve as an informal mediator on USERRA issues between Service members & employers

  30. ESGR Resolution Process • USERRA inquiries by Service members come to ESGR via Website: http://www.esgr.mil , Email: USERRA@osd.mil , and/or phone: (800) 336-4590 • Assign an Ombudsman to serve as a neutral party to mediate and facilitate USERRA issue between Service member and employer • Reach informal agreement to resolve USERRA issue • If not resolved, Service member is provided next step options to either contact DoL/Vets or a private attorney

  31. USERRA Contact Information • VETS: http://www.dol.gov/vets/ • Email: tony.smithhart@iwd.iowa.gov • Phone: 515-281-9061 • Iowa ESGR • Website: www.iowaesgr.org • Email: rebecca.coady@us.army.mil • Phone: (800) 294-6607 x2757

  32. Everything You Need to KnowAbout Service Dogs(in 3 slides) Randy Brown FEB 2012

  33. Paws & Effect Mission Statement(DRAFT) “Paws & Effect is a Des Moines, Iowa-based 501(c)3 non-profit organization that that raises, trains, and places high-quality service dogs for individuals with mobility impairments, PTSD, or autism. Paws & Effect promotes appropriate service-dog access  through ongoing outreach efforts.”

  34. Paws & Effect • Established 2005 • One service animal = $25,000 • Training, travel, food, medical care, equipment • Funding & Volunteer Opportunities • Puppy-raisers • Agility Trial fund-raisers • Combined Federal Campaign (CFC) • Employee Networks and Interest Groups • Employer-match programs

  35. What Can You Ask? • Is that a service animal? • Can I see your service animal registration? • Why do you need a service animal? • What is the dog trained to do? • Can I see the dog perform a task? • Can I pet your dog?

  36. Questions? Nicole Shumate (“shoo-mayt”) nicole-shumate@paws-effect.org www.paws-effect.org

  37. Des Moines Vet Center Katina Mach – Weissenburger, MS,MSW,LISW Team Leader

  38. Readjustment Issues • Feeling Lost when Back Home- problems with new routine • Feeling Unwanted/Not Needed by Family Members/Co-workers • Difficulty Feeling/Expressing Feelings • Lack of Positive Emotions • Difficulty Concentrating • Irritability, Anger, Rage • Difficulty Falling/Staying Asleep • Dreams/Nightmares of Events • Feeling like the event is happening again • Feelings of Anxiety or Panic • Unwanted Distressing Thoughts/Images

  39. Readjustment IssuesIraqi Veteran Perspective • Career Path being put ‘On Hold’ due to deployments • Worry of past Deployment and/or Future Deployments • Complex enrollment of Post 9/11 GI Bill • Accessing GI Bill for advanced education- school and work • Military Time Interfering with job or class- 3-4 day drills • Possible Health/Mental Health Issues   • Lack of knowledge of : • Readjustment Issues • Medical Conditions/Complications • VA System • Veteran life experiences can change values/importance • Co-workers often ask Veterans his/her opinion regarding war

  40. Common Readjustment Issues at Work • Relationship Problems • Family Problems • Fatigue • Questions from co-workers regarding experiences • Sensitivity to loud noises • Medical Appointments/ Medical Problems • Frustration with work environment

  41. Resources • VA Hospital • Vet Center • Military One Source • Community Health Care Centers

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