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1
ESGR and USERRA
What To Do Before, During, and After Your Mobilization
Version – September 2013
Developed by: California Committee
Employer Support of the Guard and Reserve
Employer Support ofThe Guard and Reserves
2
“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.”
“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
4 Know your rights4 The Uniformed Services Employment and Reemployment
Rights Act of 1994. (USERRA)4 USERRA applies to all members of the uniformed
services in a federally funded duty status
4 Prompt reinstatement back into your job 4 Accumulation of seniority as if you never left 4 Immediate reinstatement of health insurance4 Training and retraining of job skills
3
Your Responsibilities: Pre-Mobilization
4Notify your employer4 To ensure your job is protected, you must
provide your employer with prior notice of deployment
4 Notice may be verbal or in writing, though written notice is preferred
4
Your Responsibilities:During Mobilization
4Talk to your employer4 Provide your employer with your new contact
information as soon as possible4 To ensure your job is protected, tell your
employer when you will be returning
5
Your Responsibilities:De-Mobilization
4 Going Back to Your Civilian Job4 You were separated from service under honorable conditions
4 Tell your employer when you will be returning to your job (see next slide for timetable)
4 Report back to work in a timely manner (DON’T report back to work 2 or 3 weeks after orders expired!)
6
Transitioning
4 What the Law says:Service Time Requirement
4 1-30 Days Must Report Next Work Day
4 31-180 Days Must Apply Within 14 Days
4 181+ Days Must Apply Within 90 Days
Important!Don’t wait until the last minute to tell your employerthat you are back! It’s the Law!
Questions? CALL ESGR 1-800-336-4590
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Resolving Employment Related Issues
1. Inform Chain-of-Command
2. Contact ESGR: 1-800-336-4590, [email protected]
3. Contact Department Of Labor: 1-866-4-USA-DOL, www.dol.gov
4. Arrange for Private Counsel (personal cost)
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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. – A five year limit in accordance with USERRA rules title 10 duties that would not
count against the five-year limit. – Advance notice and exceptions to advance notice protections are included – Notification and intent to enroll provision, protecting service members if they fail
to reapply in a timely manner. Service members would only be subjected to institutions established leave of absence policy and general practices.
– Law supersedes any State law or other requirement that reduces, limits, or eliminates any right or benefit provided by this educational provision.
– Requires institutions to designate a person or department to handle veterans or service member’s education issues.
– Reasonable accommodations efforts required by post secondary institutions.
ESGR and SecDef Statements and Awards
“We fully recognize, honor and enforce the Uniformed Services Employment and Re-Employment Rights Act
(USERRA).”
Statement Of SupportFor The Guard And
Reserve
Service Member and Spouse May Submit Online Patriot Award Nominations at ESGR.MIL!
“My Boss Is A Patriot” Award
Patriot Lapel Pin
http://freedomaward.mil
The Secretary of DefenseEmployer Support Freedom Award
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.
ESGR Volunteers
Civilian, Military, Retired, Patriots….YOU! Become an ESGR VOLUNTEER. WE ALL SERVE!
ESGR Volunteers!
Employment Initiative Hero2Hired Program
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EIP Hero2Hired (H2H) Program Components
Kiosks
Mobile App Job Fairs Web Site Mobile Job Store
Facebook Virtual Career Fairs Media Plan
Questions?