Naval Enlisted Reserve Association

1
USERRA and Employer Relations Training for the
Reserve Components Basic Version (April
2005) Developed by National Committee for
Employer Support of the Guard and Reserve
(NCESGR)
2
USERRA

• Overview
• Uniformed Services Employment and Reemployment
  Rights Act (Title 38, Chapter 43, United States
  Code)
• Provides employment and reemployment rights for
  service members, enforced by DOL
• Applies to all members of the uniformed services
  in a federally funded status
• Does not apply to Guardmembers on State active
  duty, self-employed individuals, partners or
  students

3
USERRA

• Your Requirements
• Provide prior notice to employer
• Serve under honorable conditions
• Return to work in a timely manner

4
USERRA

• Reemployment Time Schedule
• Service Time Requirement
• 1-30 Days Report next work day after safe
  travel home and 8 hours of rest
• 31-180 Days Apply within 14 days of release
  from service
• 181 Days Apply within 90 days of release
• from service

5
USERRA

• Five Year Limit
• Maximum period of military service you can serve
  with continued reemployment rights under USERRA
• Numerous exemptions including required training,
  all involuntary service and some voluntary
  service
• Applies for each employer get a new employer,
  get a new 5-year limit

6
USERRA

• Your Rights
• Military leave of absence
• Prompt reinstatement back into your job
• Accumulation of seniority as if you never left
• Immediate reinstatement of health insurance
• Training or retraining of skills as necessary
• Protection against discharge

7
USERRA

• Protection Against Discrimination
• Applies to past and current members and those who
  apply to be a member of a uniformed service
• Includes discrimination regarding employment,
  reemployment, termination, promotion and benefits
• Burden of proof is on the employer if military
  service is a motivating factor

8
Employer Relations

• ESGR your Support Network
• The DoD agency established to gain and maintain
  employer support for the Guard and Reserve
• Comprised of over 5,000 volunteers in all 54
  States, Territories and Europe
• Assists RC members by helping to resolve
  employment related issues and recognize employers

9
Employer Relations

• How to Resolve an Employer Issue
• Inform Chain of Command
• Contact ESGR 1-800-336-4590, www.esgr.org
• Contact DOL 1-866-4-USA-DOL, www.dol.gov
• Arrange for Private Counsel (personal cost)

10
Employer Relations

• How to Recognize your Employer
• Obtain an ESGR award nomination form online at
  www.esgr.org
• Complete and submit the form on line or via mail
• First level award Patriot Award
• Other awards include Above and Beyond, Pro
  Patria and Secretary of Defense - Freedom Award

11
Employer Relations

• Your Role
• Keep your unit and employer informed
• Know your USERRA rights and requirements
• Know how to resolve an employment issue
• Recognize your employer

12
ESGR Contact Info

• Toll Free 1-800-336-4590
• On Line www.esgr.mil
• Email ncesgr-ombud_at_osd.mil