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EMPLOYMENT
ISSUES
National 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 Call 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)
www.dol.gov/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 (38
U.S.C. 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:
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The employee gave the employer notice, before taking
leave that the leave was for military service.
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The employee spent no more than five years on leave
for military service.
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The employee was released from military service
under honorable conditions, and
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The employee reports back or applies for
reinstatement within specified time limits (these limits vary depending on the
length of the employee’s leave).
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 https://www.guardfamily.org/?line=8289
or http://www.dol.gov. The website of the U.S. Department of
Labor has fact sheets and frequently asked questions about USERRA.
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