1. The VTARNG Deployment, ESGR and USERRA Overview
Employer Support of the
Guard and Reserve
The VTARNG Deployment, ESGR and USERRA
Overview
For Human Resources Professionals
This briefing provides a 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). It is designed to help employers and military members understand their role in employer relations (ER) and how to improve employer-employee relationships. By improving the employee-employer relationships we improve readiness of our military forces.
Note To Instructor:
Department of Defense Directive (DODD) and Department of Defense Instruction (DODI) require the Secretaries of the Military Departments to provide initial and recurring USERRA and ER training to all RC members. These instructions also require ESGR to inform and educate employer and service members. DoD Directive also requires ESGR to provide a mediation service (ie. Ombudsman Program).
11/9/2018

2. Agenda VT Army Guard deployment ESGR Vision – Mission
ESGR Programs and Services
USERRA Overview
Points of Contact
11/9/2018

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.
11/9/2018

4. Current Permanent Garrision
ANA Garrison Locations
XXX X
209 1
209
Konduz
MeS
209th Corps
XXX X
207 X 1
207 2
201
Kabul
201st Corps
Herat
XXX X
Jalalabad
207th Corps
203
XXX X X
203 1 3
203
201
Kabul
Gardez
Shindad 2
201(-)
Ghazni
Khowst
203rd Corps 3
201 X
XXX X X 1
201
Farah
205 2
205 X
Daruleman
PeC 3
205 1
205
Qalat
Kandahar
Tombstone
205th Corps
Current Permanent Garrision
Future Permanent Garrision
11/9/2018

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
11/9/2018

7. UNIT LOCATIONS IN VERMONT
Jericho
Newport
Northfield
Vergennes
Williston
Rutland
Windsor
Berlin
Colchester
Lyndonville
Bennington
Bradford
Morrisville
Swanton
Westminster
Winooski
Enosburg Falls
St. Albans
11/9/2018

8. 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.
11/9/2018

9. 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.
11/9/2018

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
11/9/2018

11. Brigade Planning Calendar
11/9/2018

12. 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
11/9/2018

13. ESGR Vision & Mission Statement
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.
11/9/2018

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 Reactive
Employer and Military Outreach through Statements of Support, Employer Awards, Briefing with the Boss, Boss Lifts, Military Liaison
Reactive
Ombudsman Services
11/9/2018

16. Employer Outreach National Local
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
11/9/2018

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
11/9/2018

18. Employer Awards
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
11/9/2018

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
July 30th employer event
11/9/2018

20. ESGR volunteers who provide assistance to military units
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
11/9/2018

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 Ombudsman’s goal is to help the parties reach an agreement that meets the tenets of USERRA
11/9/2018

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
- 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
11/9/2018

23. USERRA Overview
(USERRA) - Uniformed Services Employment and Reemployment
Rights Act
Enacted in 1994, but its roots date back to U.S.C. §§
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
11/9/2018

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.
11/9/2018

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 (a)
11/9/2018

26. Military Leave of Absence
Service Member Rights
Military Leave of Absence
20 CFR §
Prompt reinstatement back into job
20 CFR §
Accumulation of seniority as if never left
Escalator Principle
20 CFR § –
11/9/2018

27. Immediate reinstatement of health insurance
Service Member Rights
Immediate reinstatement of health insurance
38 USC 4317
20 CFR §
Training or retraining of skills as necessary
38 USC 4314(a)
20 CFR §
11/9/2018

28. Protection against Discharge
Service between 31 – 180 Days
Protected against discharge without cause for a period of 180 days
20 CFR §
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 § –
11/9/2018
11/9/2018 28 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 § –
11/9/2018
11/9/2018 29 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 §
11/9/2018 30

31. Five-Year Limit
Maximum period of military service to maintain reemployment rights under USERRA
20 CFR §
Numerous exemptions including; required professional development training, all involuntary service and some voluntary service for critical missions
20 CFR §
Change employers – the 5-year limit resets
20 CFR §
11/9/2018

32. Service Member Responsibilities
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
Days………. Apply within 14 days
181+ Days…………. Apply within 90 days
20 CFR § 
Hospitalization or convalescence
Up to 2 years
20 CFR § 
11/9/2018

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 § – 313
11/9/2018 33

34. 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
11/9/2018

35. Is there a potential USERRA violation?
Scenario
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?
11/9/2018

36. Contact Information
Employer Support of the Guard and Reserve (ESGR)
Free Education, Consultation, and Mediation
(Option 1)
Department of Labor, Veterans Employment and Training Service (DOL/VETS)
Formal Investigation and Assistance
USA-DOL ( )
11/9/2018

37. Vermont Committee for ESGR:
Local Resources
Vermont Committee for ESGR:
(802) or
Online at (robust USERRA information)
11/9/2018

38. Office of Special Counsel
Contact Information (con’t)
Office of Special Counsel
Protect Federal Employees from prohibited personnel practices
11/9/2018

39. Serving Our Nation - Together
11/9/2018