Arizona Office for Employer Support of the Guard and Reserve Supporting Arizona s Employers and Employees of the Grand Canyon State What Can ESGR Do For You? You can make a difference
ESGR Programs and Services History of ESGR Statement of Support Employer Awards Briefing with the Boss Boss Lifts Military Outreach Ombudsman Education & Consultation Services Employer Initiative Program (EIP) (New)
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: 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 USERRA for 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 USERRA for 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
Questions? Butch Wise 602-629-4031 Email: lawrence.wise@us.army.mil