you can make a difference arizona office for employer support of the guard and reserve supporting...
TRANSCRIPT
You can make You can make a differencea 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 encourage their employer to sign this statement 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: [email protected]
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 member Grant status/seniority/benefits to returning member Train or Retrain the member, if necessary Do 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 like seniority, status and pay
What can a reservist expect upon return from duty?
Prompt reinstatement Accrued seniority Training 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 FMLA
Family 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 mobilized Flexible 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 families
Recognition programs for returning Guard and Reserve members
Discounts on merchandise for Guard and Reserve members
Creation of care packages for deployed Guard and Reserve members
Resource pools to make home repairs, car repairs, etc for deployed Service members families
