Transcript ESGR/USERRA Summary - River Valley Human Resource …

Employer Support of the
Guard and Reserve
The Deployment, ESGR,
USERRA and Military Leave
Overview
For Human Resources
Professionals
7/17/2015
www.esgr.mil
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Agenda
• Upcoming VT Army Guard deployment
• ESGR Vision – Mission, Programs and Services
• USERRA Overview
• FMLA Entitlements
• Contact information
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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.
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ANA Garrison Locations
XXX
209
X
209
1
Konduz
MeS
209th Corps
XXX
207
X
X
2
207
1
201
Kabul
Herat
Jalalabad
XXX
201st Corps
203
X
207th Corps
3
XXX
203
201
Kabul
Gardez
Shindad
Ghazni
X
XXX
Farah
2
205
X
3
203rd Corps
1
201(-)
2
Khowst
X
X
1
201
3
201
205
Daruleman
X
205
X
PeC
205
Qalat
Tombstone
Kandahar
Current Permanent Garrision
205th Corps
Future Permanent Garrision
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ANP District Locations
RPAC NORTH
RPAC WEST
RPAC CENTRAL
RPAC EAST
RPAC SOUTH
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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
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UNIT LOCATIONS IN VERMONT
Swanton
Enosburg Falls
Newport
St. Albans
Jericho
Colchester
Morrisville
Winooski
Williston
Vergennes
Lyndonville
Berlin
Northfield
Bradford
Windsor
Rutland
Westminster
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Bennington
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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.
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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
• Vermont received a mobilization order in early July
• Mobilization dates are in the December-January
timeframe
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TRAINING REQUIREMENTS FOR MOUNTAIN
BRIGADE SOLDIERS
Units must complete the following tasks
prior to mobilization:
1.
2.
3.
4.
5.
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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
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Brigade Planning Calendar
October
Fieldings
Optics
Training
November December
January February March April
RFI Issue
ABCS
Javelin
TOW/ITAS
Individual Training: Army Warrior Tasks
May
June
October
6
November December
4
4
January
4
August
M119A1
September
Collective Training
IND/Buddy Team/Squad LFX
Certification Window
Certification
UTAs
AT Days
July
DIMHRS
February March April
5
4
4
May
5
June
1
9
July
6
August
6
September
4
October
PLT EXEVAL
October
1
21
186 BSB
IWQ/CSWQ
APFT
EAFR
HHC 86 IBCT IWQ/CSWQ
APFT
EAFR
50% *
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* = Avail/Drilling members
75%
February March April
May
June
LCT Table IV
LCT Table IV
PLT Internal EVAL PLT EXEVAL
AWBD
AWBD
AT Preparation
LCT Table VIII
PLT Collective Tng PLT Collective Tng
IWQ/CSWQ
CPX
LCT Table IV
LCT Table IV
PLT Internal EVAL PLT EXEVAL
AWBD
AWBD
AT Preparation
LCT Table VIII
PLT Collective Tng PLT Collective Tng
IWQ/CSWQ
CPX
AWBD
AWBD
PLT Internal EVAL PLT EXEVAL
PLT Collective Tng PLT Collective Tng AT Preparation
Convoy LFX
BLASTEX
BLASTEX
IWQ/CSWQ
CPX
MDMP for AT 10
MDMP for AT 10
ABCS Sustainment C2 the BCT
ABCS Sustainment ABCS Sustainment AT Preparation
CPX
AWBD
AWBD
IWQ/CSWQ
July
August
September
October
MPDV 100% Complete
January
MPDV 80% Complete
November December
MPDV 60% Complete
October
MPDV 40% Complete
SRP Events
Sec 2
Personnel
Sec 3
Chaplain
Sec 4
FRG
Sec 5
Legal
Sec 6
Supply/Log
Sec 7
Security
Sec 8
Medical
LCT Table IV
LCT Table IV
PLT Internal EVAL PLT EXEVAL
AWBD
AWBD
AT Preparation
LCT Table VIII
PLT Collective Tng PLT Collective Tng
IWQ/CSWQ
CPX
IED-D / Certify 3 AWT and 11 AWBD
IWQ/CSWQ
APFT
EAFR
AT 09: Certification - 25 AWT and 1 AWBD / Centralized SRP
86 BSTB
ABCS Fielding / Leader Certification on AWT
IWQ/CSWQ
APFT
Ft Drum
Gunner Skills Test (SECFOR and LTF) certifies 3 AWTs
1-172 CAV
Leader COIN Seminar
IWQ/CSWQ
APFT
Devens RFTA
Cold Weather Weapons Qualification
EAFR, Devens or FT Drum
3-172 IN
100%
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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)
• Continue training towards goals at JRTC and
mobilization station (Camp Atterbury)
• Encourage soldiers to be in touch with their
supervisors to discuss the upcoming
deployment and their absence
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ESGR Vision & Mission
Statement
• Vision
– 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.
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ESGR Structure
•
National Defense Advisory Board –DoD Reserve Affairs
– Provides guidance, direction and oversight
•
National Committee/Staff (Arlington, VA)
– Develops programs and services and provides
to the Field Committees
•
Field Committees (each state)
– Implements programs, comprised of over 4,500
volunteers in every State, Territory and Europe
•
Subcommittees
– Serves as advisory committees to NCESGR
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Programs and Services
• Proactive
– Employer and Military Outreach through
Statements of Support, Employer Awards,
Briefing with the Boss, Boss Lifts, Military
Liaison
• Reactive
– Ombudsman Services
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Employer Outreach
• National
– 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
– Work through HR associations, civic organizations,
chambers of commerce
– Ombudsman Services
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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
http://www.esgr.mil
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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
http://www.esgr.mil
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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
– September 23 ESGR-RVHRA employer event
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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
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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
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Ombudsman Process Overview
1. DISAGREEMENT
Between Employee &
Employer
4. OMBUDSMAN ACTION
Possible Outcomes:
- Resolved: Agreement reached
- Not resolved: provide options
2. SOMEBODY CALLS CSC:
to file w/DOL(VETS) – private
Our “Gateway to ESGR” at 1-800-336-4590.
attorney
- Is it USERRA related?
Document resolution & Close
- Is an Ombudsman Needed?
-Open/Assign Case
2a. Online Form
2b. Directly to FC Ombudsman
3A. QUESTION ANSWERED
Information only inquiry
OR
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3B. Ombudsman Assigned
Normally based on Employer location
www.esgr.mil
National Case Managers
Regionally aligned
Track cases
Assist Ombudsmen
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USERRA Overview
(USERRA) - Uniformed Services Employment and Reemployment
Rights Act
• Enacted in 1994, but its roots date back to 1940. 38 U.S.C. §§
4301-4334
• 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, selfemployed individuals, partners or students
• Includes discrimination against employment, reemployment,
termination, promotion and benefits
• Applies to Voluntary as well as Involuntary Service
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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
• Trumps any local/union CBA’s or contracts
• 5 C.F.R. Part 353
• Provides additional guidance related to Federal
agencies.
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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. 4311 (a)
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Service Member Rights
• Military Leave of Absence
– 20 CFR § 1002.149
• Prompt reinstatement back into job
– 20 CFR § 1002.181
• Accumulation of seniority as if never left
– Escalator Principle
• 20 CFR § 1002.191 – 1002.199
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Service Member Rights
• Immediate reinstatement of health
insurance
– 38 USC 4317
– 20 CFR § 1002.163-171
• Training or retraining of skills as necessary
– 38 USC 4314(a)
– 20 CFR §1002.198
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Protection against Discharge
• Service between 31 – 180 Days
– Protected against discharge without cause for
a period of 180 days
– 20 CFR § 1002.247
• Service greater than 180 Days
– Protected against discharge without cause for
a period of 1 year
• Employer Has Burden of Proof of Cause
• 38 USC 4316 (c)
• 20 CFR § 1002.247 – 1002.248
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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 § 1002.191 – 1002.199
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Reasonable Accommodations
for Disabled Veterans
• Employer is obligated to make reasonable
efforts to accommodate disability
• If he/she 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 § 1002.225
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Five-Year Limit
• Maximum period of military service to maintain
reemployment rights under USERRA
– 20 CFR § 1002.100
• Numerous exemptions including; required
professional development training, all
involuntary service and some voluntary service
for critical missions
– 20 CFR § 1002.103
• Change employers – the 5-year limit resets
– 20 CFR § 1002.101
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Service Member
Responsibilities
• Service Member
• 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
• 31-180 Days………. Apply within 14 days
• 181+ Days…………. Apply within 90 days
• 20 CFR § 1002.115
• Hospitalization or convalescence
• Up to 2 years
• 20 CFR § 1002.116
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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 § 1002.277 – 313
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Relevant FMLA Issues
• Standard provisions:
– Up to12 weeks of job-protected leave if
– Covered employer – 50 or more employees in
20 or more workweeks and
– Eligible employee – worked for employer for
total of 12 months (can be collective) and
worked at least 1,250 hours over previous 12
months and worked at location with at least
50 employees employed within 75 miles
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New Relevant FMLA Provisions
• FMLA amended as result of the National
Defense Authorization Act of FY 2008
• “Military Family Leave Entitlements”
– Military Caregiver Leave
– Qualifying Exigency Leave
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Military Caregiver Leave
• Up to total of 26 workweeks of unpaid
leave during single 12-month period to
care for service member
• Spouse, son, daughter, parent or next of
kin of covered service member
• Current member of Armed Forces
• Period begins on first day of leave, ends
12 months later
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Qualifying Exigency Leave
• Up to 12 workweeks of unpaid leave
• Employee’s spouse, son, daughter or
parent on active duty or notified of
impending order to active duty
• Available to family member of a military
member of the National Guard or Reserve
• 7 specific qualifying exigencies plus
general
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Other Family Military Leave
considerations
• Employee Notice – 30 days in advance if
foreseeable and practicable
• Employer Notice –
posting/handbook/given new employees
and specific to employee request
• Certification Requirements
– Active Duty orders
– Authorized healthcare provider or Invitational
Travel Order/Authorization
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Heroes Earnings Assistance and
Relief Tax Act (HEART Act)
• Retain employer death and disability benefits
• Differential wage payment treated as regular
taxable income that counts as compensation for
tax and retirement plans – workers continue to
earn pension benefits while serving in the
military
• Exemption allowing reservists called to active
duty to withdraw from RSA’s without penalty
• Military death benefit allows transfer into
IRA/Roth or ESA in addition to maximum
allowable annual contribution
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Action Items for HR and employers
• Reach out to identify employees to deploy
• Discuss organization and position needs with employee;
prepare for transition out and back into organization.
Consider full cycle of deployment and re-deployment
• Know employer-employee rights under USERRA
• Consider enhancements to current policy
• Stay in touch with employee and offer support to the
employee’s family
• Sign and display an Employer Statement of Support
• Volunteer
• Offer goods or services to military families
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Scenario #1
• 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?
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Scenario #2
• Employee is a teacher on an annual
renewable contract. She has notified her
supervisor that she will be deployed in 3
months. He tells her that he may not be
able to renew her contract when she
returns.
• Is this a potential USERRA violation?
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Scenario #3
• Employee has been deployed for 12
months, has re-deployed to the state and
is ready to return to work. What actions
should he take?
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Contact Information
• Employer Support of the Guard and Reserve
(ESGR)
–
–
–
–
Free Education, Consultation, and Mediation
1-800-336-4590 (Option 1)
[email protected]
http://www.esgr.mil
• Department of Labor, Veterans Employment
and Training Service (DOL/VETS)
– Formal Investigation and Assistance
– http://www.dol.gov/vets
– 1-866-4-USA-DOL (866-487-2365)
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Local Resources
• Vermont Committee for ESGR:
– (802) 485-1824 or 485-1861
– [email protected]
– [email protected]
– For USERRA briefing, respond to an inquiry,
assistance with military leave policy or resolution of
an issue with an employee
• Online at www.esgr.mil (in-depth access to
USERRA information)
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Contact Information (con’t)
• Office of Special Counsel
– Protect Federal Employees from prohibited
personnel practices
– 1-202-254-3620
– [email protected]
– http://www.osc.gov/userra.htm
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Questions
?
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Serving Our Nation – Together
“We all serve”
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