Uniformed Services Employment And Reemployment Rights Act “USERRA” & Student Reinstatement Rights Under 34 Code of Federal Regulations (CFR) Part 668.18 – This briefing provides a detailed review of ESGR programs and services and an overview of Reserve Component (RC) member rights and responsibilities under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Higher Education Students Reinstatement Rights under CFR 668.18. – It is designed to help military members and leaders understand their role in employer relations (ER) and how to improve the strength and readiness of your unit by developing and implementing an effective unit employer support program. Note To Instructor: Department of Defense Directive (DODD) 1250.1 and Department of Defense Instruction (DODI) 1205.12 require the Secretaries of the Military Departments to provide initial and recurring USERRA and ER training to all RC members. Commanders and unit appointed employer support representatives may use this briefing or the ‘Basic’ Employer Relations Briefing to meet the requirements of these references. For additional employer relations (ER) training resources, including a free ER training video, contact your local ESGR Military Liaison volunteer or visit www.esgr.mil.

Agenda USERRA Responsibilities 34 Code of Federal Regulations (CFR) 668.18 Employer Awards Employment Initiative Contact Information The items we will discuss during today’s briefing include: - Strategic Goals - Importance of Employer Relations A discussion of why employer relations is critical to the strength and readiness of the Reserve components. -ESGR A review of the various programs and services ESGR offers to help gain and maintain employer support for the Guard and Reserve. -USERRA A review of the employment and reemployment rights and requirements of RC members. - Responsibilities A review of the role Reserve Component (RC) members and RC leaders have in employer relations. -Unit Employer Support Program The components of a unit employer support program. -New Initiatives A review of the newest ESGR programs and services and issues affecting employer relations. -Training Resources Training resources available to help train employer relations and USERRA at the unit level.

USERRA Overview Uniformed Services Employment and Reemployment Rights Act (Title 38, Chapter 43, United States Code) Provides employment and reemployment rights for service members, enforced by DOL Applies to all members of the uniformed services in a federally funded status Does not apply to Guard members on State active duty, self-employed individuals, partners or students USERRA is the Uniformed Services Employment and Reemployment Rights Act. It was enacted in October 1994 under Title 38, Chapter 43, United States Code (USC). USERRA provides employment and reemployment rights for service members and is enforced by the Department of Labor (DOL). USERRA applies to all members of the uniformed services serving in a federally funded status. This includes all active and reserve components of the US armed forces. USERRA does not apply to the following individuals; -Members of the National Guard serving on State active duty. These members are covered under applicable State laws. -Self-employed individuals or partners. These individuals can obtain useful information and assistance from the Small Business Administration (www.sba.gov/vets) as well as numerous other government agencies and private organizations. -Students. College students receive assistance through Service members Opportunity College located in Washington, DC (www.soc.aascu.org, 1-800-368-5622). Note to Instructor: DODI 1205.12 requires all members of the Reserve component to be briefed on their USERRA rights and requirements upon entry to the RC, annually and upon activation.

USERRA Your Requirements Provide prior notice to employer Serve under honorable conditions Return to work in a timely manner To be eligible for rights under USERRA, you must be employed by an employer, you must have left your employer because of military service and you must meet all of the following requirements: Provide prior notice to employer. You must provide prior notice to your employer that you will be performing military service. Notice may be verbal or in writing, but written notice is highly encouraged. Serve under honorable conditions. Your period of military service performed must be honorable or under honorable conditions. Dishonorable, bad conduct and other than honorable discharges, dismissal and dropped from the rolls forfeit USERRA protection. Return to work in a timely manner. After performing your military service, you must return to work in accordance with the following USERRA time guidelines. Note to Instructor: See next slide for reemployment timetable.

USERRA Reemployment Time Schedule Service Time Requirement 1-30 Days Report next work day after safe travel home and 8 hours of rest 31-180 Days Apply within 14 days of release from service 181+ Days Apply within 90 days of release from service To maintain reemployment rights under USERRA, you must report back to work, or apply for reemployment, in accordance with the following time schedule. 1-30 Days of Service Must report back to work on the next scheduled work day after safe travel home and 8 hours of rest. 31-180 Days of Service Must submit an application for reemployment within 14 days after release from period of service. 181 Days or More of Service Must submit an application for reemployment within 90 days after release from period of service. You are entitled to use any portion of the time to apply up to the maximum time allowed. But you should coordinate your date of return with your employer. Though not required, you should submit your application for reemployment in writing. A sample application is available on the ESGR website at www.esgr.mil.

USERRA Five Year Limit Maximum period of military service you can serve with continued reemployment rights under USERRA Includes all involuntary service and some voluntary service Exemptions include: initial period of obligated service & required professional development training Applies for each employer – get a new employer, get a new 5-year limit - To maintain reemployment rights under USERRA, your cumulative (not consecutive) length of service that causes your absence from an employer may not exceed five years. - Exemptions to the five year limit include required training (I.e. weekend drills, annual training and any required professional development training), all involuntary service and some voluntary service (GWOT related operations). - If you change employers, you are entitled to a new five year limit with the new employer. This does not include changing jobs, career fields or agencies with the same employer (i.e. within the federal government) but only applies to those who get a completely a new employer. Note to Instructor: RC members can find out if their voluntary service is exempt from the five year limit by contacting their unit chain of command or by contacting ESGR at 1-800-336-4590.

USERRA Your Rights Military leave of absence Prompt reinstatement back into your job Accumulation of seniority as if you never left Immediate reinstatement of health insurance Training or retraining of skills as necessary Protection against discharge RC members who meet the requirements for reemployment rights are entitled to the following USERRA protections. Military Leave of Absence. Employers are required to grant employees a military leave of absence to perform military service. Prompt Reinstatement. Service for 1-30 days, reinstatement will normally be the next work day. Service for 31 days or more, reinstatement will usually be no more than 2 weeks from the date of application. The position you are reinstated into will usually be the same job you left or if you were away for 91 days or more, a position of like seniority, status and pay. Accumulation of Seniority. Also referred to as the ‘escalator principle’, this entitles you to the same seniority-based rights and benefits (including pensions) that you would have attained had you remained continuously employed. For pensions, RC members have 3 times the amount of time they were deployed (up to 5 years) to pay any missed employee contributions to their pension plan. Reinstatement of Health Insurance. Health benefits are reinstated immediately upon reemployment - no waiting period and no exclusion for pre-existing conditions. If service is 30 days or less RC members can elect to continue coverage at the same cost prior to activation. If service is 31 days or more, RC members can elect to continue coverage at a cost of 102% of the total employer cost. Training and Retraining. If you are no longer qualified due to technological advances, your employer must provide the necessary training to update your skills or retrain you into a new position. Protection Against Discharge. For a limited period of time after returning from 31 days or more of military service, you cannot be discharged except for cause.

USERRA Protection Against Discrimination Applies to past and current members and those who apply to be a member of a uniformed service Includes discrimination regarding employment, reemployment, termination, promotion and benefits Burden of proof is on the employer if military service is a motivating factor - USERRA protects past members, current members, and persons who apply to be a member of any branch of the uniformed services from discrimination. - The ban is broad and covers most areas of employment including discrimination regarding employment/hiring, reemployment, retention/termination, promotion and benefits. - If an individual’s past, present, or future connection with the military service is a motivating factor in an employer’s adverse action, then the burden of proof is on the employer. The employer must prove that they would have taken the same action regardless of the individual’s connection with the military.

34 Code of Federal Regulations (CFR) 668.18 College Student Protection Students are protected from loosing their academic status Applies to National Guard or Reserve called to involuntary service called to Active Duty for an extended period Applies to students who interrupt their education to enlist in an active component - The regulations, 34 Code of Federal Regulations (C.F.R) section 668.18, went into effect July 1, 2010.  Until the regulations were made effective, each educational institution was expected to make a good faith effort to comply with the language of the statute. 

34 Code of Federal Regulations (CFR) 668.18 College Student Rights Return to same program they were last admitted to or similar one if original program no longer offered. Keep/apply the number of credit/clock hours completed unless readmitted to a different program to which hours are not transferrable. Return with same academic standing. Maintain same tuition & fee rates they had before leaving – unless difference can be covered by GI Bill or military tuition assistance payment rates. Students not prepared to resume must be given “reasonable support” at no cost to prepare them to complete a program – “Reasonable efforts" include, but not limited to, providing free refresher courses and allowing the student to retake a pretest at no extra cost.  Schools are not required to readmit the student if the student is still not prepared to resume the program at the point where he or she left off, or is still unable to complete the program after reasonable efforts have been made. – Source: The Reserve Officers Association's Service Members Law Center http://www.roa.org/site/PageServer?pagename=law_review_1052

Responsibilities All RC/NG Members RC/NG Commanders/Leaders Keep unit and employer informed Know USERRA rights and requirements Know how to resolve an employment issue Recognize supportive employers RC/NG Commanders/Leaders Develop a unit employer support program All RC members have a role in employer relations. Each of these responsibilities will be discussed in detail during this presentation. Keep unit and employer informed. The most important role all RC members have in employer relations is communication. You must keep your employer informed of unit activities, mobilizations and drill requirements and your unit informed of who your employer is, how to contact them and when your employer information changes. Know USERRA rights and requirements. This is important when applying for a job, while you’re employed, and for reemployment after a mobilization. Having knowledge of your USERRA rights and requirements will also help to ensure you’re job is protected and may help you avoid an employer related conflict. Know how to resolve an employment issue. All RC members need to know who to go to for help in resolving an employment related issue. Leaders especially need to know who to refer their troops to, to ensure they receive prompt resolution to their problem. Recognize supportive employers. Recognizing your employer helps to strengthen their support by telling them that you appreciate their efforts and that they are an integral part of America’s defense. In addition to the basic responsibilities of all RC members, RC leaders can help to gain and maintain employer support (ES) and improve their recruiting and retention rates by developing an effective ES program at the unit level. A unit ES program is more than meeting the annual USERRA briefing requirement, it is a series of activities that help to increase employer support at the unit level. Note to Instructor! See next slide for components of a unit employer support program.

Employer Awards Patriot Award Awarded to an employer who been supportive of the Guard and Reserve Award is comprised of a DoD certificate and a lapel pin RC/NG members and their spouses can nominate their employer for this award on line at www.esgr.mil Employer awards help to strengthen employer support for the Guard and Reserve by recognizing the supportive efforts of an employer. The ‘Patriot Award’ is the first level of award an employer can receive. It is awarded to any employer, civic or government leader who has been supportive of the Guard and Reserve. The Patriot Award consists of a Department of Defense (DoD) certificate of appreciation with the employers’ name on it and a patriotic lapel pin. Any RC member can nominate their employer for this award by going to the ESGR website at www.esgr.mil. Military leaders at all levels should encourage their troops to go online and nominate their employer for this award. Award nomination forms can also be obtained from a local/Field ESGR committee volunteer or can be downloaded free from www.esgr.mil.

Employment Initiative The Employment Initiative Program (EIP): Collaborative Effort of agencies including DoD, DoL, VA, SBA, & OPM to enhance employment opportunities for Service Members in a more effective & efficient manner ESGR & Employer Partnership of the Armed Forces (EPAF) initiative has a goal of improving employment opportunities for transitioning Service Members To Look for Employment Opportunities, visit: http://h2h.jobs http://www.EmployerPartnership.org Employer awards help to strengthen employer support for the Guard and Reserve by recognizing the supportive efforts of an employer. The ‘Patriot Award’ is the first level of award an employer can receive. It is awarded to any employer, civic or government leader who has been supportive of the Guard and Reserve. The Patriot Award consists of a Department of Defense (DoD) certificate of appreciation with the employers’ name on it and a patriotic lapel pin. Any RC member can nominate their employer for this award by going to the ESGR website at www.esgr.mil. Military leaders at all levels should encourage their troops to go online and nominate their employer for this award. Award nomination forms can also be obtained from a local/Field ESGR committee volunteer or can be downloaded free from www.esgr.mil.

H2H is a powerful job search site and online community for Reserve Component service members and employers. Additionally, H2H gives military-friendly companies access to service members and allows them to post job openings, search for candidates and invite them to apply, and participate in hiring events. Access from Website: www.EBEnefits.VA.Gov/Jobs

General & Contact Info Web Site: http://www.esgr.mil Phone: 1-800-336-4590 Email: ncesgr-ombud@osd.mil Title 34 Education Part 668.18: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=4447556c67eb5684495b9ca1fcb2f467&rgn=div8&view=text&node=34:3.1.3.1.34.2.39.8&idno=34 The primary contact for RC members at the unit level for USERRA, ER or ESGR related issues should be the unit appointed Employer Support Representative. Another excellent point of contact for the unit leadership and the employer support representative is the ESGR Volunteer Military Liaison and/or ESGR Ombudsman. As discussed, these individuals can help to resolve employment related problems and assist the unit and the unit appointed employer support representative in developing and implementing an effective employer support program at the unit level. Note To Instructor: As a reminder, this presentation is intended to provide general USERRA and ER information. If you are asked a question and do not know the answer, DO NOT GUESS! Simply refer the member to the contact information listed above. If you tell the member you will get back to them, be sure to do so and follow-up in a timely manner.