Employer Support of the Guard and Reserve

04/24/23 www.esgr.mil 1

Employer Support of the Employer Support of the Guard and ReserveGuard and Reserve

The VTARNG The VTARNG Deployment, ESGR and Deployment, ESGR and

USERRAUSERRAOverview Overview

For Human Resources For Human Resources ProfessionalsProfessionals


• VT Army Guard deployment

• ESGR Vision – Mission

• ESGR Programs and Services

• USERRA Overview

• Points of Contact

Agenda


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.


Kabul

Gardez

Kandahar

Herat

MeS

Jalalabad

Farah

Khowst

KonduzKonduz

X

Qalat

Kabul

Daruleman PeC

X

Tombstone

ANA Garrison LocationsANA Garrison Locations

201201stst Corps Corps

203203rdrd Corps Corps

205205thth Corps Corps



X

Ghazni

X

XXX

X

XXX

X

XXX

X XXX

X

X

XXX

X

2011

201(-)2

2013

201

2012

203

X2031

2033

2052

2051

205

2053

2071

207

2091

209

Current Permanent Garrision

Future Permanent Garrision

Shindad

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ANP District Locations

RPAC EAST

RPAC WEST

RPAC NORTH

RPAC CENTRAL

RPAC SOUTH


BRIGADE UNIT LOCATIONS

HQ IBCT VT1-102 IN CT3-172 IN VT, ME, NH1-172 CAV VT1-101 FA MA, VT186 BSB VT, CT, MA86 BSTB VT, MI, CO


Jericho

Newport

NorthfieldVergennes

Williston

RutlandWindsor

Berlin

ColchesterLyndonville

Bennington

Bradford

Jericho

Morrisville

Swanton

Westminster

Winooski

Enosburg FallsSt. Albans

UNIT LOCATIONS IN VERMONT


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.


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.


TRAINING REQUIREMENTS FOR MOUNTAIN BRIGADE SOLDIERS

Units must complete the following tasks prior to mobilization:

1. 32 Army Warrior Tasks and 11 Battle Drills2. Soldier Readiness Processing (SRP)3. Squad Live Fire Exercise4. Platoon External Evaluation5. Brigade/Battalion HQs must complete two

separate Staff Exercises


October November December January February March April May June July August September OctoberFieldings M119A1

Optics TOW/ITAS Training

Certification

October November December January February March April May June July August September OctoberUTAs 6 4 4 4 5 4 4 5 1 6 6 4 1AT Days 9 21

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HHC 86 IBCT IWQ/CSWQ MDMP for AT 10 MDMP for AT 10 ABCS Sustainment C2 the BCTAPFT ABCS Sustainment ABCS Sustainment AT Preparation CPXEAFR AWBD AWBD IWQ/CSWQ

SRP Events October November December January February March April May June July August September OctoberSec 2 PersonnelSec 3ChaplainSec 4FRGSec 5LegalSec 6Supply/LogSec 7SecuritySec 8Medical

50% * 75% 100%

* = Avail/Drilling members

ABCS

IND/Buddy Team/Squad LFXCertification Window

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Brigade Planning Calendar Brigade Planning Calendar


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 notify their supervisors and discuss plans for their deployment


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.

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• 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

ESGR Structure


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


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


• 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

Statement of Support

http://www.esgr.mil/



• 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

Employer Awards




• 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– July 30th employer event

Briefing with the Boss


• 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

Military Outreach


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


1. DISAGREEMENTBetween Employee &

Employer

2. SOMEBODY CALLS CSC: Our “Gateway to ESGR” at 1-800-336-4590.

- Is it USERRA related?- Is an Ombudsman Needed?

-Open/Assign Case2a. Online Form

2b. Directly to FC Ombudsman

3A. QUESTION ANSWEREDInformation only inquiry

3B. Ombudsman AssignedNormally based on Employer location

4. OMBUDSMAN ACTIONPossible Outcomes:

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

attorneyDocument resolution & Close

OR

Ombudsman Process Overview

National Case ManagersRegionally aligned

Track casesAssist Ombudsmen


(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

USERRA Overview


• 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.

Code of Federal Regulations


• 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)

USERRA Protections


• 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

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

Service Member Rights

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• 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

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• 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


• 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

Reasonable Accommodations for Disabled Veterans


• 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

Five-Year Limit


• 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

Service Member Responsibilities


• 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

Assistance and Enforcement


Action Items for HR

• Reach out to identify individuals 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


• 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?

Scenario


• 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)

Contact Information


http://www.dol.gov/vets


Local Resources

• Vermont Committee for ESGR:– (802) 485-1824 or 485-1861– [email protected]– [email protected]

• Online at www.esgr.mil (robust USERRA information)

mailto:[email protected]




• Office of Special Counsel– Protect Federal Employees from prohibited

personnel practices– 1-202-254-3620– [email protected] – http://www.osc.gov/userra.htm

Contact Information (con’t)


http://www.osc.gov/userra.htm


Serving Our Nation - Together

Documents

Employer Support of the Guard and Reserve