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Employer Support of the

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Title: Employer Support of the


1
Employer Support of the Guard and Reserve
The VTARNG Deployment, ESGR and Military
Leave Overview For Human Resources Professionals
2
Agenda
  • VT Army Guard deployment
  • ESGR Vision Mission
  • ESGR Programs and Services
  • USERRA Overview
  • Points of Contact

3
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.

4
ANA Garrison Locations
209
209
1
Konduz
MeS
209th Corps
207
X
201
2
207
1
Kabul
201st Corps
Jalalabad
Herat
207th Corps
203
201
203
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
5
ANP District Locations
RPAC NORTH
RPAC WEST
RPAC CENTRAL
RPAC EAST
RPAC SOUTH
6
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
7
UNIT LOCATIONS IN VERMONT
8
BRIGADES 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.

9
BRIGADES 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.

10
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

11
Brigade Planning Calendar
12
Whats 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

13
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.

14
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

15
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

16
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

17
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

18
Employer Awards
  • Employer Awards recognize the outstanding support
    Americas 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

19
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

20
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

21
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 Ombudsmans goal is to help the parties reach
    an agreement that meets the tenets of USERRA

22
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
23
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

24
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.

25
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)

26
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

27
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

28
Protection against Discharge
  • 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

4/19/2014
28
29
Reemployment Position
  • 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

4/19/2014
www.esgr.mil
29
30
Reasonable Accommodations for Disabled Veterans
  • 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

31
Five-Year Limit
  • 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

32
Service Member Responsibilities
  • 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

33
Assistance and Enforcement
  • 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

34
Relevant FMLA Issues
  • 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

35
New Relevant FMLA Provisions
  • FMLA amended as result of the National Defense
    Authorization Act of FY 2008
  • Military Family Leave Entitlements
  • Military Caregiver Leave
  • Qualifying Exigency Leave

36
Military Caregiver Leave
  • 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

37
Qualifying Exigency Leave
  • Up to 12 workweeks of unpaid leave
  • Employees 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

38
Other Family Military Leave considerations
  • 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

39
Heroes Earnings Assistance and Relief Tax Act
(HEART Act)
  • 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 RSAs without penalty
  • Military death benefit allows transfer into
    IRA/Roth or ESA in addition to maximum allowable
    annual contribution

40
Action Items for HR
  • 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 employees family
  • Sign and display an Employer Statement of Support
  • Volunteer

41
Scenario 1
  • 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?

42
Scenario 2
  • 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?

43
Scenario 3
  • 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?

44
Contact Information
  • Employer Support of the Guard and Reserve (ESGR)
  • Free Education, Consultation, and Mediation
  • 1-800-336-4590 (Option 1)
  • USERRA_at_osd.mil
  • 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)

45
Local Resources
  • Vermont Committee for ESGR
  • (802) 485-1824 or 485-1861
  • david.j.wheel_at_us.army.mil
  • linda.fowler_at_us.army.mil
  • 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)

46
Contact Information (cont)
  • Office of Special Counsel
  • Protect Federal Employees from prohibited
    personnel practices
  • 1-202-254-3620
  • USERRA_at_osc.gov
  • http//www.osc.gov/userra.htm

47
Questions?
48
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