You can make a difference

Arizona Office for Employer Support of the Guard and ReserveSupporting Arizona’s Employers and Employees of the Grand Canyon State

What Can ESGR Do For You?

Programs and ServicesHistory of ESGR

Statement of SupportEmployer Awards Briefing with the BossBoss Lifts Military OutreachOmbudsman Education & Consultation

Services Employer Initiative Program (EIP) (New)

ESGR

Statement of Support

A statement signed by the employer indicating their support for the Guard and Reserve

All RC members should encouragetheir employer to sign thisstatement to display their support

Form available on line at www.esgr.mil

Interested in Signing a Statement of Support The Arizona ESGR Office is actively looking for local

businesses & Centers of Influence to sign ESGR Statements of Support to show your organization supports the men and women who serve in the Guard and Reserve

If possible, we would like to arrange for a future Statement of Support Signing in a venue of your choice. Typically we set-up the event with local military leaders, media, etc for maximum exposure

Questions can be directed to Butch Wise, 602-629-4031 or email: lawrence.wise@us.army.mil

THE LAW

USERRA

Uniformed Services Employment and Reemployment Rights Act of 1994

38 USC 43

Desk Top References

20 Code of Federal Regulations Part 1002

A Non Technical Resource Guide to the Uniformed Services Employment and Reemployment Rights Act (USERRA)

Basic Principles of USERRA

Prohibits discrimination against Guard/Reserve service

Ensures continued company benefits -- medical, dental, vision

Ensures participation in company pension, thrift savings, and stock options -- even during military duty

Permits member to file a claim against the employer if USERRA rights are violated

Requirements of USERRAfor the Reservist:

Provide advance notice -- written or oral

Less than five years cumulative absence

Serve under honorable conditions

Timely return to civilian job- 30 days or less: safe travel plus 8 hours

- 31 to 180 days: two weeks

- over 180 days: 90 days

Requirements of USERRAfor the Employer:

Grant Leave of Absence Allow for safe travel and rest Timely reinstatement of memberGrant status/seniority/benefits to returning

member Train or Retrain the member, if necessaryDo not discriminate in: (employment, reemployment, or promotion

Can an employee be required to use earned vacation while performing

military service?

No

A person may not be forced to use earned vacation.

Is the returning employee always entitled to have the same job back?

Not always

Less than 91 days - job you would have attained 91 days or more - as above or

position of l ike seniority, status and pay

What can a reservist expect upon return from duty?

Prompt reinstatementAccrued seniorityTraining or retraining Special protection from discharge service of 31 - 180 days (180 days

protection) service 181 or more (one year

protection)

Family Medical Leave Act (FMLA) Interaction with USERRA

All Uniformed Service counts towards qualification for FMLAFamily members of military personnel may

qualify for FMLA to care for returning service members (Always check circumstances prior to assuming you are qualified)Assistance with FMLA questions,

violations, etc can be directed to the DOL Wage and Hour Division

Employers Best Practices for Guard and Reserve Members

Paid military leave policies (Fed, public gov sector)Pay differential (Fed, public gov sector

& some private sector)Payment of employer & employee

defined pension contributions Continued salary while mobilizedFlexible geographical employment

assignments for spouses of deployed service members

Employers Best Practices for Guard and Reserve Members (Cont)

Creation of military support groups to assist employees and their familiesRecognition programs for returning Guard

and Reserve membersDiscounts on merchandise for Guard and

Reserve membersCreation of care packages for deployed Guard

and Reserve membersResource pools to make home repairs, car

repairs, etc for deployed Service members families

Questions?

Butch Wise602-629-4031

Email: lawrence.wise@us.army.mil