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ESGR/ USERRA Briefing What To Do Before, During, and After Your Mobilization Version – June 2011 Developed by: California Committee Employer Support of the Guard and Reserve. ESGR Vision.
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ESGR/ USERRA Briefing What To Do Before, During, and After Your Mobilization Version – June 2011 Developed by: California CommitteeEmployer Support of the Guard and Reserve
ESGR Vision “Develop and Promote a Culture in which all American Employers Support and Value the Military Service of their Employees with ESGR as the principal advocate within DoD.”
USERRA LAW • Know your rights • The Uniformed Services Employment and Reemployment Rights Act of 1994.(USERRA) • USERRA provides employment/reemployment rights and prohibits workplace discrimination • You have five years or less of cumulative service in the uniformed services while with that particular employer • USERRA applies to all members of the uniformed services in a federally funded duty status
USERRA LAW • Your USERRA rights • Prompt reinstatement back into your job • depends on the length of your deployment but usually about 2 weeks upon return • Accumulation of seniority as if you never left • you are entitled to the same job you would have held had you remained continuously employed • Protection against discharge • for a 90 day or longer deployment, your employer cannot discharge you, except for cause, for one year
USERRA LAW • Your USERRA rights • Immediate reinstatement of health insurance without regard to pre-existing conditions. • Training and retraining of job skills your employer must provide any training that you missed, includes accommodations for disability • Protection against discrimination includes discrimination against employment, reemployment, termination, promotion and benefits
USERRA:Pre-Mobilization • Notify your employer • To ensure your job is protected, you must provide your employer with prior notice • Notice may be verbal or in writing, though written notice is preferred • Recommended notice is a letter to your employer with your orders attached
USERRA:During Mobilization • Talk to your employer • Provide your employer with your new contact information as soon as possible • Maintain regular contact with your employer and let them know how you’re doing • Tell your employer when you will be returning and your reemployment intentions
USERRA:De-Mobilization • USERRA Eligibility Requirements • Provided notice to your employer BEFORE deployment/active duty • You were not separated from service under other than honorable conditions • Report back to work in a timely manner(see next slide for timetable)
USERRA:De-Mobilization • When to go back to work Service TimeRequirement • 1-30 Days Must Report Next Work Day • 31-180 Days Must Apply Within 14 Days • 181+ Days Must Apply Within 90 Days Important! Don’t wait until the last minute to tell your employer that you are back! It’s the Law! Questions? See the ESGR.MIL website USERRA FAQ
Resolving Employment Related Issues • Inform Chain-of-Command • Contact ESGR : 1-800-336-4590, www.esgr.mil • Contact DOL: 1-866-4-USA-DOL, www.dol.gov • Arrange for Private Counsel (personal cost)
Service Members’ Education Rights The Department Of Education adopted USERRA like protections under readmission requirements for service members performing military service for post secondary and higher educational institutions. This new provision authorizes higher education institutions to treat service members as if they never left for duty or military service. The higher education institutions must readmit the service member based on military service not to be penalized i.e., same academic status.
Statement Of Support For The Guard And Reserve “We fully recognize, honor and enforce the Uniformed Services Employment and Re-Employment Rights Act (USERRA).”
Patriot Lapel Pin “My Boss Is A Patriot” Award • Service Member and Spouse May Submit Online Patriot Award Nominations At esgr.mil >Programs>Patriot Award • Every Nominated Supervisor/Employer Receives a Framed Patriot Award Certificate and a PATRIOT Lapel Pin
Seven Seals Award For meritorious leadership and initiative in support of the men and women Who serve America in the National Guard and Reserve.
Above and Beyond Award Presented On Behalf of the National Guard and Reserve Forces for Outstanding Service and Continuing Support To The National Defense
Pro Patria Award Presented on Behalf of the Men and Women of America’s Reserve Forces For Outstanding Service To The National Defense Through Continuing Support of the National Guard and Reserve
The Secretary of Defense Freedom Award freedomaward.mil Santa Ana Police Chief Paul Walters in the Oval Office with President Barack Obama as part of the department being honored with the Department of Defense’s Freedom Award.
California ESGR partners guide your transition into the civilian life For information see the California ESGR website or contact eip@caesgr.org ESGREmployment Initiative Program
Yellow Ribbon Event 10 March 2012 An OSD Reserve Affairs Project Supporting The President’s Call “To Put Our Heroes to Work”
Critical Job Hunting Components • MOS + Civilian Job Skills Inventory • Resume Writing- Key Words • Internet Job Search-Networking on the Web • Interviewing Skills
Solution: H2H Hero2Hired is a powerful, comprehensive employment program that also includes a focused marketing component And More…