Title: Balancing Your Guard Reserve Career and Your Civilian Career The Facts
1Balancing Your Guard / Reserve Career and Your
Civilian Career The Facts
2The Uniformed Services Employment And
Reemployment Rights Act (USERRA)
- Enacted in October 1994 (and significantly
updated in 1996 and 1998), USERRA provides
reemployment protection and other benefits for
veterans and employees who perform military
service. Under USERRA, if a military member
leaves his civilian job for service in the
uniformed services, he is entitled to return to
the job, with accrued seniority, provided he meet
the law's eligibility criteria. - Applies to voluntary as well as involuntary
service, in peacetime as well as wartime, and
applies to virtually all civilian employers,
including the Federal Government, State and local
governments, and private employers, regardless of
size.
3What kind of military duty is applicable?
- Service in the uniformed services" means the
performance of duty on a voluntary or involuntary
basis in a uniformed service, including - Active duty (Including Reserve and Guard members
who have been called up) - Active duty for training
- Initial active duty for training
- Inactive duty training
- Full-time National Guard duty
- Absence from work for an examination to determine
a person's fitness for any of the above types of
duty - Funeral honors duty performed by National Guard
or Reserve members
4Eligibility for USERRA Protection
- In order to have reemployment rights following a
period of service in the uniformed services, a
military member must meet five eligibility
criteria (discussed separately below) - You must have held a civilian job before being
activated. - You must have informed your employer that you
were leaving the job for service in the uniformed
services. - The period of military service must not exceed
five years. - You must have been released from service under
"honorable conditions." - You must report back to your civilian employer in
a timely manner or have submitted a timely
application for reemployment.
5What about my civilian health care plan?
- USERRA provides protection for any individual or
family member with coverage under a health plan
in connection with the servicemember's civilian
job, including a group health plan (as defined in
the Employee Retirement Income Security Act of
1974), and the servicemember is absent from their
civilian job by reason of service in the
uniformed services. - The servicemember may elect to continue their
civilian health care coverage. The maximum period
of coverage under such an election shall be the
lesser of - The 24-month period beginning on the date on
which the person's absence begins or - The day after the date on which the person fails
to apply for or return to a position of
employment.
6If I decide to keep my plan
- A service member who elects to continue
health-plan coverage may be required to pay not
more than 102 percent of the full premium for the
employer's other employees - In the case of a service member who performs
service in the uniformed services for less than
31 days, such person may not be required to pay
more than the employee share, if any, for such
coverage
7If I do not decide to keep my civilian health
care plan.
- If coverage under a health plan was terminated by
reason of service in the uniformed services, an
exclusion or waiting period may not be imposed in
connection with the reinstatement of such
coverage upon reemployment under this chapter if
an exclusion or waiting period would not have
been imposed under a health plan had coverage of
such person by such plan not been terminated as a
result of such service. - Applies to the member who is reemployed and to
any individual who is covered by such plan by
reason of the reinstatement of the coverage.
8Conditions for re-employment
- The person (or an appropriate officer of the
uniformed service in which such service is
performed) has given advance written or verbal
notice of such service to such person's employer
- The cumulative length of the absence and of all
previous absences from a position of employment
with that employer by reason of service in the
uniformed services does not exceed five years - The person reports to, or submits an application
for reemployment to, such employer. - No notice is required if the giving of such
notice is precluded by military necessity or,
under all of the relevant circumstances, the
giving of such notice is otherwise impossible or
unreasonable.
9However, a return to your job is not absolutely
guaranteed
- An employer is not required to reemploy a person
if - The employer's circumstances have so changed as
to make such reemployment impossible or
unreasonable - In the case of a person entitled to reemployment
that would impose an undue hardship on the
employer - The employment from which the person leaves to
serve in the uniformed services is for a brief,
non-recurrent period and there is no reasonable
expectation that such employment will continue
indefinitely or for a significant period. (i.e.
part-time or seasonal work)
10What must I do when released from active duty?
- Notify the employer of your intent to return to
a position of employment with such employer as
follows - If period of service in the uniformed services
was less than 31 days, report to the employer - not later than the beginning of the first full
regularly scheduled work period on the first full
calendar day following the completion of the
period of service and the expiration of eight
hours after a period allowing for the safe
transportation of the person from the place of
that service to the person's residence or - as soon as possible after the expiration of the
eight-hour period, if reporting within the period
referred to in such clause is impossible or
unreasonable through no fault of the person. - In the case of a person who is absent from a
position of employment for a period of any length
for the purposes of an examination to determine
the person's fitness to perform service in the
uniformed services. - If service in the uniformed services was for more
than 30 days but less than 181 days, by
submitting an application for reemployment with
the employer not later than 14 days after the
completion of the period of service If more than
180 days, by submitting an application for
reemployment with the employer not later than 90
days after the completion of service. - A person who is hospitalized for, or convalescing
from, an illness or injury incurred in, or
aggravated during, the performance of service in
the uniformed services shall, at the end of the
period that is necessary for the person to
recover from such illness or injury, report to
the person's employer or submit an application
for reemployment Period of recovery may not
exceed two years.
11Your DD-214 is a critical document
- The DD-214 is sufficient documentation of
completed active military service to your
employer. In most cases, a letter of intent for
re-employment is desirable to initiate the
process of re-employment.
12Your employer cannot take legal action against
you under USERRA
- An employer may not discriminate in employment
against or take any adverse employment action
against any person because such person if he or
she - has taken an action to enforce a protection
afforded under USERRA - has testified or otherwise made a statement in or
in connection with any proceeding under USERRA - has assisted or otherwise participated in an
investigation under has exercised a right
provided under USERRA. - This protection applies with respect to anyone
regardless of whether that person has performed
service in the uniformed services.
13What is Employer Support for the Guard and
Reserve (ESGR)?
- ESGR is a DoD organization within the Office of
the Assistant Secretary of Defense for Reserve
Affairs (ASD/RA - Established in 1972 to promote cooperation and
understanding between Reserve component members
and their civilian employers and to assist in the
resolution of conflicts arising from an
employee's military commitment. - It is the lead DoD organization for this mission
under DoD Directive 1250.1. - ESGR operates through a network of hundreds of
volunteers throughout the nation and Guam, Puerto
Rico, the Virgin Islands and Europe.
14ESGR Mission and Goals
- Mission
- Gain and maintain active support from all public
and private employers for the men and women of
the National Guard and Reserve. - Goals
- Gain support from all identified Reserve
component employers - Advocate for Reserve component employers within
DoD - Ensure viability of all-volunteer force
- Educate employers and service members
15ESGR Ombudsman Program
- ESGR has a national network of over 900 volunteer
ombudsmen who help resolve issues between
employers and their employees who serve in the
National Guard and Reserve. These volunteers
serve as informal mediators between the employer
and employee and inform and educate the employer
and employee on what the law requires and assist
in finding a mutually agreeable solution. - ESGR Ombudsmen have successfully mediated over 95
percent of cases in the past year. - ESGR Ombudsmen can be reached via e-mail at
ESGRMailbox_at_navy.mil or by phone at
1.800.336.4590.
16ESGR is your primary source for USERRA inquiries.
- www.esgr.org
- 1-800-336-4590
17Remember, there are virtually thousands of
resources for you
- Thanks to the service and sacrifices of many,
many veterans and volunteers, there is a
world-wide support network designed to inform,
educate and protect the interests of Reservists
and Guardsmen. Do not hesitate to use these
support agencies. They are there for you.