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You can make a difference

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

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You can make a difference

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  1. 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

  2. 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)

  3. 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

  4. 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

  5. THE LAW USERRA Uniformed Services Employment and Reemployment Rights Act of 1994 38 USC 43

  6. 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)

  7. Basic Principles of USERRA • Prohibits discriminationagainst Guard/Reserve service • Ensures continued company benefits-- medical, dental, vision • Ensures participationin 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

  8. 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

  9. 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 • Donot discriminate in: • (employment, reemployment, or promotion

  10. Can an employee be required to use earned vacation while performing military service? No A person may not be forced to use earned vacation.

  11. 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 oflike seniority, status and pay

  12. 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)

  13. 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

  14. 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

  15. 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

  16. Questions? Butch Wise 602-629-4031 Email: lawrence.wise@us.army.mil

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