employer support of the guard and reserve
DESCRIPTION
Employer Support of the Guard and Reserve. The VTARNG Deployment, ESGR and USERRA Overview For Human Resources Professionals. Agenda. VT Army Guard deployment ESGR Vision – Mission ESGR Programs and Services USERRA Overview Points of Contact. The 86 th Brigade Mission. - PowerPoint PPT PresentationTRANSCRIPT
04/24/23 www.esgr.mil 1
Employer Support of the Employer Support of the Guard and ReserveGuard and Reserve
The VTARNG The VTARNG Deployment, ESGR and Deployment, ESGR and
USERRAUSERRAOverview Overview
For Human Resources For Human Resources ProfessionalsProfessionals
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• VT Army Guard deployment
• ESGR Vision – Mission
• ESGR Programs and Services
• USERRA Overview
• Points of Contact
Agenda
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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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Kabul
Gardez
Kandahar
Herat
MeS
Jalalabad
Farah
Khowst
KonduzKonduz
X
Qalat
Kabul
Daruleman PeC
X
Tombstone
ANA Garrison LocationsANA Garrison Locations
201201stst Corps Corps
203203rdrd Corps Corps
205205thth Corps Corps
207207thth Corps Corps
209209thth Corps Corps
X
Ghazni
X
XXX
X
XXX
X
XXX
X XXX
X
X
XXX
X
2011
201(-)2
2013
201
2012
203
X2031
2033
2052
2051
205
2053
2071
207
2091
209
Current Permanent Garrision
Future Permanent Garrision
Shindad
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BRIGADE UNIT LOCATIONS
HQ IBCT VT1-102 IN CT3-172 IN VT, ME, NH1-172 CAV VT1-101 FA MA, VT186 BSB VT, CT, MA86 BSTB VT, MI, CO
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Jericho
Newport
NorthfieldVergennes
Williston
RutlandWindsor
Berlin
ColchesterLyndonville
Bennington
Bradford
Jericho
Morrisville
Swanton
Westminster
Winooski
Enosburg FallsSt. Albans
UNIT LOCATIONS IN VERMONT
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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
• 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.
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TRAINING REQUIREMENTS FOR MOUNTAIN BRIGADE SOLDIERS
Units must complete the following tasks prior to mobilization:
1. 32 Army Warrior Tasks and 11 Battle Drills2. Soldier Readiness Processing (SRP)3. Squad Live Fire Exercise4. Platoon External Evaluation5. Brigade/Battalion HQs must complete two
separate Staff Exercises
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October November December January February March April May June July August September OctoberFieldings M119A1
Optics TOW/ITAS Training
Certification
October November December January February March April May June July August September OctoberUTAs 6 4 4 4 5 4 4 5 1 6 6 4 1AT Days 9 21
3-172 IN IWQ/CSWQ LCT Table IV LCT Table IV PLT Internal EVAL PLT EXEVALAPFT AWBD AWBD AT Preparation LCT Table VIIIDevens RFTA PLT Collective Tng PLT Collective Tng IWQ/CSWQ
CPX
1-172 CAV IWQ/CSWQ LCT Table IV LCT Table IV PLT Internal EVAL PLT EXEVALAPFT AWBD AWBD AT Preparation LCT Table VIIIFt Drum PLT Collective Tng PLT Collective Tng IWQ/CSWQ
CPX
86 BSTB IWQ/CSWQ LCT Table IV LCT Table IV PLT Internal EVAL PLT EXEVALAPFT AWBD AWBD AT Preparation LCT Table VIIIEAFR PLT Collective Tng PLT Collective Tng IWQ/CSWQ
CPX
186 BSB IWQ/CSWQ AWBD AWBD PLT Internal EVAL PLT EXEVALAPFT PLT Collective Tng PLT Collective Tng AT Preparation Convoy LFXEAFR BLASTEX BLASTEX IWQ/CSWQ
CPX
HHC 86 IBCT IWQ/CSWQ MDMP for AT 10 MDMP for AT 10 ABCS Sustainment C2 the BCTAPFT ABCS Sustainment ABCS Sustainment AT Preparation CPXEAFR AWBD AWBD IWQ/CSWQ
SRP Events October November December January February March April May June July August September OctoberSec 2 PersonnelSec 3ChaplainSec 4FRGSec 5LegalSec 6Supply/LogSec 7SecuritySec 8Medical
50% * 75% 100%
* = Avail/Drilling members
ABCS
IND/Buddy Team/Squad LFXCertification Window
RFI IssueJavelin
Collective TrainingIndividual Training: Army Warrior Tasks
Col
d W
eath
er W
eapo
ns Q
ualif
icat
ion
AB
CS
Fie
ldin
g / L
eade
r Cer
tific
atio
n on
AW
T
AT
09: C
ertif
icat
ion
- 25
AW
T an
d 1
AW
BD
/ C
entra
lized
SR
PDIMHRS
PLT EXEVAL
Gun
ner S
kills
Tes
t (S
EC
FOR
and
LTF
) cer
tifie
s 3
AW
Ts
IED
-D /
Cer
tify
3 A
WT
and
11 A
WB
D
EAFR, Devens or FT Drum
Lead
er C
OIN
Sem
inar
MP
DV
40%
Com
plet
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MP
DV
60%
Com
plet
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MP
DV
80%
Com
plet
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MP
DV
100
% C
ompl
ete
Brigade Planning Calendar Brigade Planning Calendar
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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)
• 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
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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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• 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
ESGR Structure
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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– Ombudsman Services
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• 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
Statement of Support
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• 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
Employer Awards
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• 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
Briefing with the Boss
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• 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
Military Outreach
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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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1. DISAGREEMENTBetween Employee &
Employer
2. SOMEBODY CALLS CSC: Our “Gateway to ESGR” at 1-800-336-4590.
- Is it USERRA related?- Is an Ombudsman Needed?
-Open/Assign Case2a. Online Form
2b. Directly to FC Ombudsman
3A. QUESTION ANSWEREDInformation only inquiry
3B. Ombudsman AssignedNormally based on Employer location
4. OMBUDSMAN ACTIONPossible Outcomes:
- Resolved: Agreement reached- Not resolved: provide options to file w/DOL(VETS) – private
attorneyDocument resolution & Close
OR
Ombudsman Process Overview
National Case ManagersRegionally aligned
Track casesAssist Ombudsmen
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(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, self-employed
individuals, partners or students• Includes discrimination against employment, reemployment,
termination, promotion and benefits• Applies to Voluntary as well as Involuntary Service
USERRA Overview
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• 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.
Code of Federal Regulations
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• 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)
USERRA Protections
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• 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
Service Member Rights
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• 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
Service Member Rights
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• 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
• 38 USC 4316 (c)• 20 CFR § 1002.247 – 1002.248
Protection against Discharge
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• 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
Reemployment Position
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• 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 § 1002.225
Reasonable Accommodations for Disabled Veterans
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• 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
Five-Year Limit
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• 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
Service Member Responsibilities
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• 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
Assistance and Enforcement
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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
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• 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?
Scenario
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• 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)
Contact Information
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Local Resources
• Vermont Committee for ESGR:– (802) 485-1824 or 485-1861– [email protected]– [email protected]
• Online at www.esgr.mil (robust USERRA information)
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• Office of Special Counsel– Protect Federal Employees from prohibited
personnel practices– 1-202-254-3620– [email protected] – http://www.osc.gov/userra.htm
Contact Information (con’t)