Presentation to Reserve Officers Association 6 Apr ‘19 Mr. Reginal “Reggie” Fields l Good morning/afternoon, I’m__________________________. I’m here today to share some basic ESGR topics with you, particularly your rights under the law for reemployment while you are away on military service.

Who Are We? A Department of Defense agency, established in 1972 to promote cooperation and understanding between Reserve Component Service members and their Civilian Employers Advocates mutually beneficial initiatives, recognize outstanding employer support, increase awareness of applicable laws and assist with reservist resiliency Provide neutral informal mediation for USERRA conflicts between Service member and their employers The National Committee for Employer Support of the Guard and Reserve (ESGR) was established in 1972 by Presidential proclamation, as an operational committee under the Office of the Secretary of Defense. In 1978, ESGR was expanded to include a community-based volunteer network. Today, that network has expanded to include more than 4,200 ESGR volunteers in 55 committees – one in each state, the Virgin Islands, Puerto Rico, Guam, the District of Columbia, and Europe. Today, in both manpower and force capability, the Reserve Components comprise nearly half of the Total Force. In response to current world events, Reserve forces are spending even more time away from the workplace defending the nation both at home and abroad.

Who Are We? Made up of more than 3,800 volunteers in all 50 States, the District of Columbia, Guam-Commonwealth of Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands Volunteers come from business, civic leaders & patriotic citizens ESGR is Volunteer Lead The National Committee for Employer Support of the Guard and Reserve (ESGR) was established in 1972 by Presidential proclamation, as an operational committee under the Office of the Secretary of Defense. In 1978, ESGR was expanded to include a community-based volunteer network. Today, that network has expanded to include more than 4,200 ESGR volunteers in 55 committees – one in each state, the Virgin Islands, Puerto Rico, Guam, the District of Columbia, and Europe. Today, in both manpower and force capability, the Reserve Components comprise nearly half of the Total Force. In response to current world events, Reserve forces are spending even more time away from the workplace defending the nation both at home and abroad.

Vision & Mission Statement Develop and promote a culture in which all American employers support and value the military service of their employees. Mission Statement - Gain and maintain employer support for Guard and Reserve service by recognizing employer outstanding support increasing awareness of the law resolving conflict through mediation Facilitate Employment Assisting with resiliency USERRA covers those returning from deployment, but also covers many others. It has implications when you apply for a job, after you leave a job, and as long as you are working. All employers are covered, even if you are their only employee. Both full-time and part time employees are covered. If you’re not an employee, e.g. partners, owners (independent contractors) than you are not covered. (State Militia) Guard members on State active duty may be covered by a similar state law but not USERRA. When called up for floods, fires, hurricanes, security (airport/border), etc, and FEDERALLY FUNDED then they are covered by USERRA) The U.S. Department of Education Adopts USERRA Like Law The US Department of Education (USDE) recently developed USERRA like regulations in 34 CFR Parts 600, 668, 675, et al, titled General and Non-Loan Programmatic Issues; Final Rule, 29 October 2009. This federal regulation officially takes effect on 1 July 2010. In effect this regulation/law implements changes to the Higher Education Act of 1965, as amended (HEA), by the Higher Education Opportunity Act of 2008 (HEOA). The USDE adopted USERRA-like protections under Part 668, Student Assistance General Provisions Readmission Requirements for Service members for higher educational institutions as if they never left based on the comparable provisions in USERRA. Secondary Higher educational institutions must readmit the service member if their education is interrupted by military service requirements at the same academic status as if they never left the course or class. The following list highlights some of the protections afforded by this law: - A five year limit similar to USERRA rules, in which Title 10 orders/duties would not count against this time limit for re-enrollment. - Flexible advance notice language that does not require any particular format or intent of return to the educational institution, verbal or written notice is acceptable. - 34 CFR 688, as with USERRA supersedes any State law or other requirement that reduces, limits, or eliminates any right or benefit provided by this provision. - Requires higher educational institutions to designate a person or department to handle service member’s educational matters. - Stipulates that higher educational institutions will provide reasonable accommodations military students in order to assist them in program reentry. Although the law itself is not USERRA, it does offer some USERRA-type protections for service members. This law is administered by the US Department of Education, (USDE). The USDE will enforce this law by communicating directly with the offending higher educational institution. ESGR currently has no connection to the law. Please direct all questions and concerns about this particular law to Ms. Wendy Macias US Department of Education, Office of Postsecondary Education, Phone: (202)502-7526; Email: Wendy.Macias@ed.gov.

Organization of CA ESGR Established in 1972 CA Committee has six Area Chairs 280 volunteers (Advocates and Ambassadors) 4 Full-time DoD contractors 2 Volunteer Support Technicians 2 Program Support Technicians 21 Ombudsman: Uniformed Services Employment and Reemployment Rights Act (USERRA) experts Committee’s primary role to inform and educate Employer Support of the Guard and Reserve (ESGR) is a Department of Defense (DoD) agency established by Presidential decree in 1972 to gain and maintain employer support for the Guard and Reserve. ESGR is comprised of 55 Field Committees located in all 54 States, Territories, the District of Columbia, and Europe. The National ESGR Headquarters is located in Arlington, VA with over 58 full-time military and civilian employees. ESGR assist service members service members by helping to resolve employer related issues/conflicts through informal mediation services offered by trained Ombudsman and through our awards program which recognizes employers for their support. In addition, ESGR also develops and implements numerous employer and military outreach programs aimed at gaining and maintaining support. These programs include briefing with the boss, boss lifts, statements of support, providing employer relations training materials for military units, and many other activities. Note to Instructor: Individuals who want additional information on ESGR programs and services should contact their local ESGR Military Liaison volunteer or view the Employer Relations for Leaders briefing which is available on ESGR website at: http://www.esgr.mil .

California CA ESGR Executive Committee (EXCOM) Area 1 Chair Area 5 Chair Area 4 Chair Area 3 Chair Area 2 Chair Area 6 Chair California CA ESGR Executive Committee (EXCOM) Dir MO Coast Guard Reserve Dir MO Marine Reserve Dir MO Navy Reserve Dir MO AIR Force Reserve CA Chair ESGR Committee Vice Chair, Volunteer Mgt Dir MO Army Reserve Dir M O Army & Air Guard Vice Chair, Ops & Budget Dir IT/Public Affairs AREA 1 Northern AREA 2 Coastal AREA 3 Inland AREA 4 Metro AREA 5 Desert AREA 6 Border CA ESGR Ready Reserve Directors CA ESGR Areas Of Responsibility CA ESGR Committee has 2940 Volunteers serving 56,167 Ready Reservists 1ea VST North 1ea PSS North CA ESGR Contractors North (Areas 1, 2 & 3) 1ea VST South 1ea PSS South CA ESGR Contractors South (Areas 4, 5 & 6) CA ESGR Area Chairs & Vice Chairs Full tine Contractors CA ESGR Structure California Committee Area Vice Chairs Dir Training Dir Ombudsmen Dir Volunteer Mgt Dir Employment Dir Employer Outreach

Two Types of Volunteers: Ambassadors & Advocates promoting the use of resiliency programs to enhance individual readiness… Reducing stressors… increasing resiliency & improving Individual Readiness Individual Readiness Guard & Reserve Family Employer l Individual Readiness Guard & Reserve Employer Family

l

Uniformed Service Employment & Reemployment Rights Act (USERRA) Primary purpose: Protect employment rights of persons who also serve in the uniformed service. Provide prior notice to employer Serve under honorable conditions Return to work in accordance with USERRA guidelines: That is: protect employees who engage in military service to the same level of seniority, status, pay and benefits that would have accrued, but for the service. To understand the basic law – service members must be treated exactly like similar employees who are not in the military and never left for service time. In the law, congress’ intent was to ensure service members were not penalized in the civilian employment because of their service.

Four types of responsibilities How Does ESGR Work Four types of responsibilities Employer Outreach Military Outreach Ombudsmen Employment Support These are the ESGR tasks that volunteers perform in assisting employers and service members. We will discuss each in further detail.

Employer Outreach (EO) Educate Employers about their rights and responsibilities under USERRA Encourage Employers to develop HR policies that go above and beyond the law Contact employers for participation in the Statement of Support program Initiate and manage employer events Recognize employers who meet or go beyond the law through awards Employer Outreach is the title for all our contacts with employers. It includes conversations, seminars, events, and awards to accomplish the mission of gaining and maintaining employer support and recognizing those employers who go above and beyond.

Statement of Support: Employers Agree: We fully recognize, honor and enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA) Our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve We will continually recognize and support our country’s service members and their families in peace, in crises, and in war Meeting with employers on their signing of Statements of Support gives us a chance to discuss the USERRA law, the education their supervisors need to support the law, and the HR policies that should be in place to protect everyone. The SOS statement basically says that the employer Knows there is a law Is willing to obey it Will give managers and supervisors the support they need to manage G/R appropriately.

Military Outreach (MO) Brief service members on USERRA & ESGR, particularly just prior and just after deployment Gain & maintain relationships with area reserve leaders and units Send direct mail on USERRA / ESGR to reserve Service members Encourage SOS signings among military leadership Work with public affairs to place information in military/civilian publications, web-sites and newsletters The ESGR folk you are most likely to see are those in Military Outreach. The MO people visit unit locations, brief deploying units before and after deployment, participate in some other unit events.

Ombudsmen Assist Service members and employers resolve USERRA employment related problems Are confidential, neutral participants in all efforts Provide information and answer questions Serve as a mediator on USERRA issues between Service members & employers Resolve over 80% of cases received, most within 14 days Are qualified by National ESGR after intensive training Ombudsmen are trained ESGR committee members at the local, State and National level who help service members resolve employer related problems. Ombudsmen provide information to service members and to employers regarding their rights and requirements under USERRA. They are available to answer questions and clarify the law (USERRA). Are authorized to work with both parties to mediate conflicts between service members and their employers due to military service. Ombudsmen help to resolve over 80% of the employer related issues they receive. Their objective is to eliminate misunderstandings and resolve difficulties in a spirit of cooperation at the lowest level possible. Employers and service members can call the ESGR hot line to ask questions. (1800-336-4590)

Facilitate Employment Work for Warriors (W4W) Unemployment can effect readiness. Service members unemployment and under- employment is a retention issue. Department of Defense has tasked ESGR to set and engage in activities to assist service members and Family members opportunities in the civilian workplace. Facilitate and market employment training/opportunity to prepare unemployed and under-employed service members and family members to be competitive in the job market. Enable all effort to our service members into the public and private workforce in jobs that reflect and reward their talent and dedication, and their commitment to the United States and its best values.

Empployer Awards Employer Recognition Awards are initiated by Reserve Component Members’ or family members’. Patriot Award-First of sequential and progressive employer awards program. Http://www.esgr.mil Above and Beyond Pro Patria Seven Seals Freedom Award- Annually awarded by the Secretary of Defense; Top 15 in the nation ESGR AWARDS PROGRAM, this program will enhance opportunity for both employment and reemployment positioning. Four awards are currently utilized by ESGR field committee (FC) members. ESGR is a Department of Defense agency that seeks to promote a culture in which all American employers support and value the military service of their employees. It remains the conduit to nominate deserving employers for various levels of recognition for outstanding support.  PATRIOT AWARD: Patriot Award is the first of the sequential and progressive employer awards program. It is intended for the recognition of individual supervisors, not the employer organization as a whole. Patriot Award nominations may come only from the reserve members or their spouses, processing employer recognition and awards originate through the ESGR website (http://www.esgr.mil) under the programs tab. Total processing time is accomplished within 15 days. Nominators may indicate where the certificate and award are to be sent (i.e., to the nominator or to local FC of their state). The nominator may choose their local FC as the recipient. The certificate is mailed to the requesting FC member for the Program Support Specialist (PSS) to coordinate presentation of the award.  ABOVE AND BEYOND AWARD: Above and Beyond Award honors employers of the reserve members who go above and beyond the requirements of the Uniformed Service Employment and Reemployment Rights Act (USERRA). Examples of Above and Beyond support from employers of reserve members include continuation of benefits, providing pay differential and assisting with childcare. This award is given by the individual ESGR FC. Processing: the Above and Beyond Award is requested by the FC chair, or upon approval by the FC chair, by the Executive Director/PSS. 15-day processing time is required. Presentation of the award follows the same guidelines as the Patriot Award. PRO PATRIA AWARD: The Pro Patria Award is the highest award that an ESGR FC may present employers within their state. Eligibility: employers who are previous recipients of the Patriot Award, Above and Beyond Award, and have signed a statement of support are eligible to receive the Pro Patria Award. Each calendar year, FC may present one Pro Patria Award to an employer in each of the following categories: public sector, large private employer, and small private employer. Each state chair is allotted three Pro Patria Awards per calendar year. SEVEN SEALS AWARD: Seven Seals Award is the only ESGR award that bridges both the employer and ESGR volunteer recognition award programs and is not a sequential and progressive employer award. Eligibility: award is presented at the discretion of the FC chair in recognition of significant individual or organizational achievement, initiative, or support that promotes and supports the ESGR mission. 15-day processing time is required. Presentation of the award follows the guidelines as for the Patriot Award. SECRETARY OF DEFENSE EMPLOYER SUPPORT FREEDOM AWARD: The Freedom Award is the highest recognition given by the U.S. Government to employers for their support of their employees who serve in the National Guard and reserve. Secretary of Defense Employer Support Freedom Award is presented annually to the top employers in the nation who have demonstrated exceptional support to their Guard and reserve employees. The selection process seeks to identify those employers of Guard and reserve personnel who have committed acts that go significantly above and beyond that required by USERRA in support of the ESGR mission. Process: nominations shall be submitted via the Freedom Award Web site: www.freedomaward.mil. Nominations must come from a Guard or reserve member who is employed by the organization they are nominating or from a family member. The Freedom Award is presented annually to the nation’s top 15 most supportive employers. The nomination season opens the first day of November and closes 1800 EST on the third Monday in JanuarySECRETARY OF DEFENSE EMPLOYER SUPPORT FREEDOM AWARD: The Freedom Award is the highest recognition given by the U.S. Government to employers for their support of their employees who serve in the National Guard and reserve. Secretary of Defense Employer Support Freedom Award is presented annually to the top employers in the nation who have demonstrated exceptional support to their Guard and reserve employees. The selection process seeks to identify those employers of Guard and reserve personnel who have committed acts that go significantly above and beyond that required by USERRA in support of the ESGR mission. Process: nominations shall be submitted via the Freedom Award Web site: www.freedomaward.mil. Nominations must come from a Guard or reserve member who is employed by the organization they are nominating or from a family member. The Freedom Award is presented annually to the nation’s top 15 most supportive employers. The nomination season opens the first day of November and closes 1800 EST on the third Monday in January

Why is ESGR Important? Nearly 50% of military forces are now in Guard or Reserves 30-45% of the Selected Reserve are self employed or work for small companies 3% of our employers have had an affiliation with the military Increasing OPTEMPO for reservists 38,446 Guard and Reserve members on active duty throughout the world currently (01/08/2019) Over 968,927 activated since 9/11 (01/08/2019) 30% of our Selected Reserve leave Military Service due to employer conflict 3% of our employers have had an affiliation with the military: Details: Of the 3% that have been in the military, they recall what it used to be like. We have to educate our employers of what the role is NOW for the guard and reserve. Increasing OPTEMPO will be explained in detail on the next slide. 30% of our reservists/guardsmen leave because of employer related conflicts. BOTTOM LINE: ESGR and the programs that make it up are our tool for Attrition and Retention Management.

CSMR/CA ESGR Ambassadors deliver: Participate in Conduct Employer Events such as BossLifts & Statements of Support signings Recognize & Educate Employers Refer Troops who need to Mediate Employer Conflicts Provide Yellow Ribbon Support Assist Guard Families with employment Provide Information Center each quarter & Update CEI Briefings

ESGR Volunteer Individual Readiness Centers Find a Career Recognize your Employer Refer employer conflicts to mediators Update CEI provide Provide family assistance referrals ESGR Volunteer Individual Readiness Centers

Questions? Volunteers? Good morning/afternoon, I’m__________________________. I’m here today to share some basic ESGR topics with you, particularly your rights under the law for reemployment while you are away on military service.