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Employer Support of the Guard and Reserve

Employer Support of the Guard and Reserve. Minimize disruption of lives by providing for prompt reinstatement Prohibit discrimination against those who serve/have served Applies to voluntary as well as involuntary service.

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Employer Support of the Guard and Reserve

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  1. Employer Support of the Guard and Reserve

  2. Minimize disruption of lives by providing for prompt reinstatement Prohibit discrimination against those who serve/have served Applies to voluntary as well as involuntary service Uniformed Services Employment and Reemployment Rights Act(USERRA 38 USC 4301, et. seq.)

  3. Hold position of employment Leave for the purpose of service Prior notice (oral or written) to employer 5-year cumulative limit on duration Eight exceptions Under honorable conditions Timely return to work/application for reemployment Eligibility criteria

  4. The employment from which the person leaves to serve in the uniformed services is for a brief, nonrecurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period. 38 U.S.C. 4312(d)(1)(C) Affirmative defense

  5. Employer not required to reemploy if employer’s changed circumstances make it impossible or unreasonable Very narrow affirmative defense for which employer has burden of proof 38 U.S.C. 4312(d)(1)(A) Affirmative defense

  6. Prompt reinstatement--38 U.S.C. 4313(a) Continuous accumulation of seniority (escalator principle)--applies to pensions, etc.--38 U.S.C. 4316(a) & 4318 Status-38 U.S.C. 4313(a)(2) Protection against discharge after return-38 U.S.C. 4316(c) Entitlements

  7. Training or retraining--changes since you left-38 U.S.C. 4313(a) Accommodations for disabled veterans--changes in equipment, methods, etc. to enable the disabled veteran to perform-alternatively right to another job-38 U.S.C. 4313(a)(3) Vacation usage – 4316(d) Entitlements--cont.

  8. While away for service-right to elect continued health insurance coverage through civilian job--no additional cost if service less than 31 days--substantial additional cost if service is 31 days or more 10 U.S.C. 1076(a)(2)--right to military system if greater than 30 days 38 U.S.C. 4317(a) Health insurance

  9. Right to reinstatement of coverage upon reemployment No waiting period--no exclusion of “pre-existing conditions” (unless service connected) Binding on employer and insurance company 38 U.S.C. 4317(b) Health insurance-cont.

  10. Unit representative/Chain of Command Local ESGR Committee representative ESGR National Ombudsman service - Informal Mediation (1-800-336-4590) DoL/VETS - Formal Investigation (93% resolved) US Attorney/Office of Special Counsel Private Counsel (out of pocket expense) Chain of Assistance

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