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Employment IssuesNational Employer Support of the Guard and Reserve The National Committee for Employer Support of the Guard and Reserve (ESGR) is an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs. It was 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. Today ESGR operates through a network of more than 4,500 volunteers throughout 54 committees located in each state, the District of Columbia, Guam, Puerto Rico and the Virgin Islands. For more information contact the National Council for Employer Support of the Guard and Reserve. This agency assists in promoting cooperation and understanding between Reserve component members and their civilian employers. The website of the National Committee of Employer Support of the Guard and Reserve, http://www.esgr.org explains employers’ legal obligations. This site also gives employers tips on helping their employees balance military service with employment. In addition, you can download a copy of the useful “Non-Technical Resource Guide to USERRA.”For more information on Reservist policies, employer awards and recognition and USERRA compliance, contact: http://esgr.org or the Reserve Officers Association www.roa.org and up info for Reserve and National Guard and Call up info for employers of Reserve and Guard and U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) Uniformed Services Employment and Reemployment Rights Act (USERRA) Besides worrying about home or car payments, ongoing civil court disputes and evictions of family or dependents, active military persons are often concerned about whether they will have a job to return to once their period of active duty is over. Fortunately, the answer is usually yes. A federal law known as the Uniformed Services Employment and Reemployment Rights Act of 1994, or USERRA Section 4301 and following), prohibits discrimination against members of the United States military or those who serve in the military reserves. This law requires employers to reinstate an employee who has taken time off to serve in the armed forces, including reservists called up by the President, if the employee meets these conditions:
USERRA requires employers to reinstate workers to the same position they would have held had they been continuously employed throughout their leave, provided they are otherwise qualified for that job. This means that your employer cannot simply return you to your old position. Instead, the employer must give you any promotions, increased pay or additional job responsibilities that you would have gotten had you never taken leave — but only if you are qualified to do the job. If you are not qualified, your employer must try to get you qualified (by providing training, for example). You are entitled to the benefits and seniority that you would have earned had you been continuously employed. For purposes of benefits plans and leave policies, the time you spent on leave must be counted as time worked. For more information on USERRA, go to http://www.dol.gov/asp/programs/handbook/userra.htm or http://www.dol.gov. The website of the U.S. Department of Labor has fact sheets and frequently asked questions about USERRA. |