1. You can make a difference Arizona Office for Employer Support of the Guard and Reserve Supporting Arizona’s Employers and Employees of the Grand Canyon State What Can ESGR Do For You?

3.  Programs and Services  History of ESGR  Statement of Support  Employer Awards  Briefing with the Boss  Boss Lifts  Military Outreach  Ombudsman Education & Consultation Services  Employer Initiative Program (EIP) (New) ESGR

4. Statement of Support  A statement signed by the employer indicating their support for the Guard and Reserve  All RC members should encourage their employer to sign this statement to display their support  Form available on line at www.esgr.mil

5. Interested in Signing a Statement of Support  The Arizona ESGR Office is actively looking for local businesses & Centers of Influence to sign ESGR Statements of Support to show your organization supports the men and women who serve in the Guard and Reserve  If possible, we would like to arrange for a future Statement of Support Signing in a venue of your choice. Typically we set-up the event with local military leaders, media, etc for maximum exposure  Questions can be directed to Butch Wise, 602-629- 4031 or email: lawrence.wise@us.army.mil

6. THE LAW USERRA Uniformed Services Employment and Reemployment Rights Act of 1994 38 USC 43

7. Desk Top References 20 Code of Federal Regulations Part 1002 A Non Technical Resource Guide to the Uniformed Services Employment and Reemployment Rights Act (USERRA)

8. Basic Principles of USERRA  Prohibits discrimination against Guard/Reserve service  Ensures continued company benefits -- medical, dental, vision  Ensures participation in company pension, thrift savings, and stock options -- even during military duty  Permits member to file a claim against the employer if USERRA rights are violated

9. Requirements of USERRA for the Reservist:  Provide advance notice -- written or oral  Less than five years cumulative absence  Serve under honorable conditions  Timely return to civilian job  - 30 days or less: safe travel plus 8 hours  - 31 to 180 days: two weeks  - over 180 days: 90 days

10. Requirements of USERRA for the Employer:  Grant Leave of Absence  Allow for safe travel and rest  Timely reinstatement of member  Grant status/seniority/benefits to returning member  Train or Retrain the member, if necessary  Do not discriminate in:  (employment, reemployment, or promotion

11. Can an employee be required to use earned vacation while performing military service? No A person may not be forced to use earned vacation.

12. Is the returning employee always entitled to have the same job back? Not always  Less than 91 days - job you would have attained  91 days or more - as above or position of like seniority, status and pay

13. What can a reservist expect upon return from duty?  Prompt reinstatement  Accrued seniority  Training or retraining  Special protection from discharge  service of 31 - 180 days (180 days protection)  service 181 or more (one year protection)

14. Family Medical Leave Act (FMLA) Interaction with USERRA  All Uniformed Service counts towards qualification for FMLA  Family members of military personnel may qualify for FMLA to care for returning service members (Always check circumstances prior to assuming you are qualified)  Assistance with FMLA questions, violations, etc can be directed to the DOL Wage and Hour Division

15. Employers Best Practices for Guard and Reserve Members  Paid military leave policies (Fed, public gov sector)  Pay differential (Fed, public gov sector & some private sector)  Payment of employer & employee defined pension contributions  Continued salary while mobilized  Flexible geographical employment assignments for spouses of deployed service members

16. Employers Best Practices for Guard and Reserve Members (Cont)  Creation of military support groups to assist employees and their families  Recognition programs for returning Guard and Reserve members  Discounts on merchandise for Guard and Reserve members  Creation of care packages for deployed Guard and Reserve members  Resource pools to make home repairs, car repairs, etc for deployed Service members families

17. Questions? Butch Wise 602-629-4031 Email: lawrence.wise@us.army.mil