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Employer Support of the Guard and Reserve. The VTARNG Deployment, ESGR and Military Leave Overview For Human Resources Professionals. Agenda. VT Army Guard deployment ESGR Vision – Mission ESGR Programs and Services USERRA Overview Points of Contact. The 86 th Brigade Mission.

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Employer Support of the

Guard and Reserve

The VTARNG Deployment, ESGR and Military Leave

Overview

For Human Resources Professionals

www.esgr.mil


Agenda
Agenda

  • VT Army Guard deployment

  • ESGR Vision – Mission

  • ESGR Programs and Services

  • USERRA Overview

  • Points of Contact

www.esgr.mil


The 86 th brigade mission
The 86th Brigade Mission

CJTF Phoenix (86TH BCT) trains and mentors the Afghan National Security Forces (Army, Border Patrol, Police) to conduct independent, self-sustained counterinsurgency and security operations in order to defeat terrorism and provide a secure, stable environment within the borders of Afghanistan.

End State: A trained National Security Force that is well respected; multi-ethnic; sustainable; and capable of effectively conducting law enforcement, counter-insurgency, and border security activities without the support of the International Community.

www.esgr.mil


X

X

XXX

XXX

XXX

XXX

XXX

X

X

X

X

X

X

1

203

X

X

ANA Garrison Locations

209

209

1

Konduz

MeS

209th Corps

207

X

201

2

207

1

Kabul

201st Corps

Jalalabad

Herat

207th Corps

203

203

201

3

Kabul

Gardez

201(-)

2

Shindad

Khowst

Ghazni

203rd Corps

201

3

201

1

Farah

205

2

205

PeC

Daruleman

205

3

205

1

Qalat

Kandahar

Tombstone

205th Corps

Current Permanent Garrision

Future Permanent Garrision

www.esgr.mil


ANP District Locations

RPAC NORTH

RPAC WEST

RPAC CENTRAL

RPAC EAST

RPAC SOUTH

www.esgr.mil


Brigade unit locations
BRIGADE UNIT LOCATIONS

HQ IBCT VT

1-102 IN CT

3-172 IN VT, ME, NH

1-172 CAV VT

1-101 FA MA, VT

186 BSB VT, CT, MA

86 BSTB VT, MI, CO

www.esgr.mil


Swanton

Enosburg Falls

Newport

St. Albans

Jericho

Jericho

Colchester

Morrisville

Lyndonville

Winooski

Williston

Berlin

Vergennes

Northfield

Bradford

Windsor

Rutland

Westminster

Bennington

UNIT LOCATIONS IN VERMONT

www.esgr.mil


Brigade s alert for mission
BRIGADE’S ALERT FOR MISSION

  • An alert order directs a unit to prepare for a potential deployment based upon the needs of the nation, it does not guarantee that the alerted unit will actually deploy

  • On 13 May 2008, 86th IBCT (MTN) received an alert order to prepare to assume the mission of CJTF Phoenix X in 2010.

www.esgr.mil


Brigade s mobilization order
BRIGADE’S MOBILIZATION ORDER

  • A MOB order is the next step in the deployment process

  • If approved, HQDA will publish the MOB order which will contain:

    • Mobilization Date

    • Designated MOB Station

    • Other specific mobilization information

  • We have not received a MOB order at this time. It is normally published 3 to 6 months from the mobilization date

  • At this point we do not have any exact dates. We are waiting on the mobilization dates for the unit that goes before us, which will lock in our mobilization dates.

www.esgr.mil


Training requirements for mountain brigade soldiers
TRAINING REQUIREMENTS FOR MOUNTAIN BRIGADE SOLDIERS

Units must complete the following tasks prior to mobilization:

  • 32 Army Warrior Tasks and 11 Battle Drills

  • Soldier Readiness Processing (SRP)

  • Squad Live Fire Exercise

  • Platoon External Evaluation

  • Brigade/Battalion HQs must complete two separate Staff Exercises

www.esgr.mil



What s next
What’s next?

  • We will proceed with our training plan in accordance with the alert order

  • Continue to improve our readiness level (personnel, equipment, training)

  • Wait for a Mobilization order to give us more specific information on when we will mobilize

  • Encourage soldiers to be in touch with their supervisors concerning the upcoming deployment and their absence

www.esgr.mil


Esgr vision mission statement
ESGR Vision & Mission Statement

  • Vision

    • Develop and promote a culture in which all American employers support and value the military service of their employees.

  • Mission Statement

    • We will gain and maintain employer support for Guard and Reserve service by recognizing outstanding support, increasing awareness of the law, and resolving conflicts through mediation.

www.esgr.mil


Esgr structure
ESGR Structure

  • National Defense Advisory Board

    • Provides guidance, direction and oversight

  • National Committee/Staff (Arlington, VA)

    • Develops programs and services and provides support to the Field Committees

  • Field Committees

    • Implements programs, comprised of over 4,500 volunteers in every State, Territory and Europe

  • Subcommittees

    • Serves as advisory committees to NCESGR

www.esgr.mil


Programs and services
Programs and Services

  • Proactive

    • Employer and Military Outreach through Statements of Support, Employer Awards, Briefing with the Boss, Boss Lifts, Military Liaison

  • Reactive

    • Ombudsman Services

www.esgr.mil


Employer outreach
Employer Outreach

  • National

    • Strategic partnerships w/industry associations (SHRM)

    • Direct Outreach to service members and known employers

    • National public affairs / media relations activities

  • Local

    • Employer Recognition, Employer education, Briefings with the Boss, Statements of Support, Boss Lifts

    • Ombudsman Services

www.esgr.mil


Statement of support
Statement of Support

  • A statement signed by the employer to show their support for the Guard and Reserve and willingness to comply with USERRA

  • All Guard and Reserve members should encourage their employer to sign this statement to display their support

  • Employers can request a SoS at

    http://www.esgr.mil

www.esgr.mil


Employer awards
Employer Awards

  • Employer Awards recognize the outstanding support America’s employers are providing our service members

  • Employer recognition starts with the military member nominating their employer

  • Military members can nominate their employer at http://www.esgr.mil

www.esgr.mil


Briefing with the boss
Briefing with the Boss

  • An exchange of information between employers, unit leaders and ESGR Volunteers

    • Educate employers and unit leaders

    • Opens up communication

    • Builds relationships, develops partnerships

    • Coordinate briefings through the State Committee

    • August 19 ESGR-RVHRA employer event

www.esgr.mil


Military outreach
Military Outreach

  • ESGR volunteers who provide assistance to military units

    • Provide training and guidance to the unit appointed employer support representative

    • Promote and assist with unit employer outreach activities

    • Assist with employer relations / USERRA training during pre and de-mobilization

www.esgr.mil


Ombudsman services
Ombudsman Services

  • Ombudsmen are specially trained Volunteers and national staff members

  • Ombudsmen are neutrals who assist civilian employers and service members resolve disputes related to military duty

  • An Ombudsman’s goal is to help the parties reach an agreement that meets the tenets of USERRA

www.esgr.mil


Ombudsman Process Overview

1. DISAGREEMENT

Between Employee & Employer

4. OMBUDSMAN ACTION

Possible Outcomes:

- Resolved: Agreement reached

- Not resolved: provide options to file w/DOL(VETS) – private attorney

Document resolution & Close

  • 2. SOMEBODY CALLS CSC:

  • Our “Gateway to ESGR” at 1-800-336-4590.

  • - Is it USERRA related?

  • - Is an Ombudsman Needed?

  • Open/Assign Case

  • 2a.Online Form

  • 2b. Directly to FC Ombudsman

3A. QUESTION ANSWERED

Information only inquiry

National Case Managers

Regionally aligned

Track cases

Assist Ombudsmen

OR

3B. Ombudsman Assigned

Normally based on Employer location

www.esgr.mil


Userra overview
USERRA Overview

(USERRA) - Uniformed Services Employment and Reemployment

Rights Act

  • Enacted in 1994, but its roots date back to 1940. 38 U.S.C. §§ 4301-4334

  • Covers virtually every U.S. employer, regardless of size, both here and overseas

  • Applies to U.S. Public Health Service Commissioned Corps (PHSCP)

  • Applies to the National Disaster Medical System (NDMS)

  • Does not apply to Guardmembers on State active duty, self-employed individuals, partners or students

  • Includes discrimination against employment, reemployment, termination, promotion and benefits

  • Applies to Voluntary as well as Involuntary Service

www.esgr.mil


Code of federal regulations
Code of Federal Regulations

  • 20 C.F.R. Part 1002

    • Written in “plain-English” in a question-and-answer format

    • Covers all aspects of USERRA as it relates to private employers, federal, state and local governments

  • 5 C.F.R. Part 353

    • Provides additional guidance related to Federal agencies.

www.esgr.mil


Userra protections
USERRA Protections

  • An employer must not deny:

    • initial employment

    • reemployment

    • retention in employment

    • promotion

    • or any benefit of employment

      to an individual on the basis of his or her membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

      • 38 U.S.C. 4311 (a)

www.esgr.mil


Service Member Rights

  • Military Leave of Absence

    • 20 CFR § 1002.149

  • Prompt reinstatement back into job

    • 20 CFR § 1002.181

  • Accumulation of seniority as if never left

    • Escalator Principle

      • 20 CFR § 1002.191 – 1002.199

www.esgr.mil


Service Member Rights

  • Immediate reinstatement of health insurance

    • 38 USC 4317

    • 20 CFR § 1002.163-171

  • Training or retraining of skills as necessary

    • 38 USC 4314(a)

    • 20 CFR §1002.198

www.esgr.mil


Service between 31 – 180 Days

Protected against discharge without cause for a period of 180 days

20 CFR § 1002.247

Service greater than 180 Days

Protected against discharge without cause for a period of 1 year

Employer Has Burden of Proof

38 USC 4316 (c)

20 CFR § 1002.247 – 1002.248

Protection against Discharge

6/6/2014

www.esgr.mil

28


Does the employer need to give the returning service member their very same job back?

Not always.

Options:

Pre-service position, or

Escalator position, or

Position of like seniority, status and pay

20 CFR § 1002.191 – 1002.199

Reemployment Position

6/6/2014

www.esgr.mil

www.esgr.mil

29


Reasonable Accommodations for Disabled Veterans their very same job back?

  • Employer is obligated to make reasonable efforts to accommodate disability

  • If cannot become qualified, employee must be reemployed in position:

    • Equivalent in seniority, status and pay

    • Nearest approx to the equivalent position

    • May be higher or lower than escalator position

      • 38 USC 4313 (a) (3)

      • 20 CFR § 1002.225

www.esgr.mil


Five year limit
Five-Year Limit their very same job back?

  • Maximum period of military service to maintain reemployment rights under USERRA

    • 20 CFR § 1002.100

  • Numerous exemptions including; required professional development training, all involuntary service and some voluntary service for critical missions

    • 20 CFR § 1002.103

  • Change employers – the 5-year limit resets

    • 20 CFR § 1002.101

www.esgr.mil


Service member responsibilities
Service Member Responsibilities their very same job back?

  • Service Member

    • Provide prior notice to employer (preferably in writing)

    • Serve under honorable conditions

    • Return to work in a timely manner:

  • Service Time Requirement

    • 1-30 Days………….. Report next scheduled work day after service, safe transportation, and 8 hours rest

    • 31-180 Days………. Apply within 14 days

    • 181+ Days…………. Apply within 90 days

      • 20 CFR § 1002.115

    • Hospitalization or convalescence

      • Up to 2 years

      • 20 CFR § 1002.116

www.esgr.mil


Assistance and Enforcement their very same job back?

  • Employer leadership

  • Employer Human Resource

  • Unit Chain of Command

  • ESGR Customer Service Center / Ombudsman

  • US Dept of Labor/VETS

  • Dept of Justice or US Special Counsel

  • Private counsel

  • Statute of limitations?

    • 38 USC 4321 – 4326

    • 20 CFR § 1002.277 – 313

www.esgr.mil


Relevant fmla issues
Relevant FMLA Issues their very same job back?

  • Standard provisions:

    • Up to12 weeks of job-protected leave if

    • Covered employer – 50 or more employees in 20 or more workweeks and

    • Eligible employee – worked for employer for total of 12 months (can be collective) and worked at least 1,250 hours over previous 12 months and worked at location with at least 50 employees employed within 75 miles

www.esgr.mil


New relevant fmla provisions
New Relevant FMLA Provisions their very same job back?

  • FMLA amended as result of the National Defense Authorization Act of FY 2008

  • “Military Family Leave Entitlements”

    • Military Caregiver Leave

    • Qualifying Exigency Leave

www.esgr.mil


Military caregiver leave
Military Caregiver Leave their very same job back?

  • Up to total of 26 workweeks of unpaid leave during single 12-month period to care for service member

  • Spouse, son, daughter, parent or next of kin of covered service member

  • Current member of Armed Forces

  • Period begins on first day of leave, ends 12 months later

www.esgr.mil


Qualifying exigency leave
Qualifying Exigency Leave their very same job back?

  • Up to 12 workweeks of unpaid leave

  • Employee’s spouse, son, daughter or parent on active duty or notified of impending order to active duty

  • Available to family member of a military member of the National Guard or Reserve

  • 7 specific qualifying exigencies plus general

www.esgr.mil


Other family military leave considerations
Other Family Military Leave considerations their very same job back?

  • Employee Notice – 30 days in advance if foreseeable and practicable

  • Employer Notice – posting/handbook/given new employees and specific to employee request

  • Certification Requirements

    • Active Duty orders

    • Authorized healthcare provider or Invitational Travel Order/Authorization

www.esgr.mil


Heroes earnings assistance and relief tax act heart act
Heroes Earnings Assistance and Relief Tax Act (HEART Act) their very same job back?

  • Retain employer death and disability benefits

  • Differential wage payment treated as regular taxable income that counts as compensation for tax and retirement plans – workers continue to earn pension benefits while serving in the military

  • Exemption allowing reservists called to active duty to withdraw from RSA’s without penalty

  • Military death benefit allows transfer into IRA/Roth or ESA in addition to maximum allowable annual contribution

www.esgr.mil


Action items for hr
Action Items for HR their very same job back?

  • Reach out to identify employees to deploy

  • Discuss organization and position needs with employee; prepare for transition out and back into organization

  • Know employer-employee rights under USERRA

  • Stay in touch with employee and offer support to the employee’s family

  • Sign and display an Employer Statement of Support

  • Volunteer

www.esgr.mil


Scenario 1
Scenario #1 their very same job back?

  • Employee has been with the organization for 4-years and leaves for 1-year mobilization. During that time absent for military duty, annual evaluations are due. The employer includes comments about the mobilization and decreases the grades from the prior year.

  • Is there a potential USERRA violation?

www.esgr.mil


Scenario 2
Scenario #2 their very same job back?

  • Employee is a teacher on an annual renewable contract. She has notified her supervisor that she will be deployed in 3 months. He tells her that he may not be able to renew her contract when she returns.

  • Is this a potential USERRA violation?

www.esgr.mil


Scenario 3
Scenario #3 their very same job back?

  • Employee has been deployed for 12 months, has re-deployed to the state and is ready to return to work. What actions should he and his supervisor take?

www.esgr.mil


Contact information
Contact Information their very same job back?

  • Employer Support of the Guard and Reserve (ESGR)

    • Free Education, Consultation, and Mediation

    • 1-800-336-4590 (Option 1)

    • [email protected]

    • http://www.esgr.mil

  • Department of Labor, Veterans Employment and Training Service (DOL/VETS)

    • Formal Investigation and Assistance

    • http://www.dol.gov/vets

    • 1-866-4-USA-DOL (866-487-2365)

www.esgr.mil


Local resources
Local Resources their very same job back?

  • Vermont Committee for ESGR:

    • (802) 485-1824 or 485-1861

    • [email protected]

    • [email protected]

    • For USERRA briefing, respond to an inquiry, assistance with military leave policy or resolution of an issue with an employee

  • Online at www.esgr.mil (in-depth access to USERRA information)

www.esgr.mil


Contact information con t
Contact Information (con’t) their very same job back?

  • Office of Special Counsel

    • Protect Federal Employees from prohibited personnel practices

    • 1-202-254-3620

    • [email protected]

    • http://www.osc.gov/userra.htm

www.esgr.mil


Questions
Questions? their very same job back?

www.esgr.mil


Serving Our Nation - Together their very same job back?

www.esgr.mil


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