1. ESGR/ USERRA Briefing
What To Do Before, During, and After Your Mobilization
Version – April 2011
Developed by:
California Committee Employer Support of the Guard and Reserve
This briefing is designed to provide Reserve component (RC) members with general information regarding employer relations (ER). It will help you become aware of your rights and requirements under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and outline some of the progams and services available from ESGR and how you can help strengthen employer support for the Guard and Reserve.
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.
Commanders and unit ER representatives may use this briefing to meet the minimum requirements of DODD and DODI For additional ER training resources, including a free ER training video, contact your local ESGR Volunteer Unit Liaison or visit
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2. ESGR Mission Statement
“Develop and Promote a Culture in which all American Employers Support and Value the Military Service of their Employees.”
USERRA is the Uniformed Services Employment and Reemployment Rights Act. It was enacted in October 1994 under Title 38, Chapter 43, United States Code (USC). All members of the RC and especially military leaders should be aware of their USERAA rights and requirements.
USERRA applies to all members of the uniformed services seving in a federally funded status. This includes both Active and Reserve components of the armed forces and the Coast Guard. USERRA does not apply to members of the National Guard serving on State active duty, members serving on State Active duty are covered under applicable State laws.
USERRA provides numerous employment and reemployment rights to service members and prohibits workplace discrimination against curent and past uniformed members.
Note to Instructor:
USERRA significantly strengthened and expanded an earlier version of the law called the Veterans’ Reemployment Rights (VRR) law, enacted in 1940 under Title 38, USC.
9/15/2018

3. Agenda
USERRA Law
Employment Issues Contact Information
Servicemember’s Education Rights Law
ESGR, Secretary of Defense Awards Program for Employers
Boss Lift Program
Employment Initiative Program (EIP)
ESGR Contacts and Online Resources

4. USERRA LAW Know your rights
The Uniformed Services Employment and Reemployment Rights Act of (USERRA)
Under the 20 US Code of Federal Regulations (CFR) PART 1002:
USERRA provides employment/reemployment rights and prohibits workplace discrimination
You have five years or less of cumulative service in the uniformed services while with that particular employer;
USERRA applies to all members of the uniformed services in a federally funded duty status
USERRA is the Uniformed Services Employment and Reemployment Rights Act. It was enacted in October 1994 under Title 38, Chapter 43, United States Code (USC). All members of the RC and especially military leaders should be aware of their USERAA rights and requirements.
USERRA applies to all members of the uniformed services seving in a federally funded status. This includes both Active and Reserve components of the armed forces and the Coast Guard. USERRA does not apply to members of the National Guard serving on State active duty, members serving on State Active duty are covered under applicable State laws.
USERRA provides numerous employment and reemployment rights to service members and prohibits workplace discrimination against curent and past uniformed members.
Note to Instructor:
USERRA significantly strengthened and expanded an earlier version of the law called the Veterans’ Reemployment Rights (VRR) law, enacted in 1940 under Title 38, USC.
9/15/2018

5. USERRA LAW Your USERRA rights Prompt reinstatement back into your job
depends on the length of your deployment but usually about 2 weeks upon return
Accumulation of seniority as if you never left
you are entitled to the same job you would have held had you remained continuously employed
Protection against discharge
for a 90 day or longer deployment, your employer cannot discharge you, except for cause, for one year
If you meet all of the previous requirements for reemployment rights, you are entitled to the following protections under USERRA.
Prompt Reinstatement. Service for 1-30 days, reinstatement will normally be the next work day. Service for 31 days or more, reinstatement will usually be no more than 2 weeks from the date of application. The position you are reinstated into will be either the same job you held or if you were away for 90 days or more, a position of like seniority, status and pay.
Accumulation of Seniority. Also referred to as the ‘escalator principle’, this entitles you to the same seniority-based rights and benefits (including pensions) that you would have attained had you remained continuously employed.
Protection Against Discharge. For a limited period of time after returning from 31 days or more of military service, you cannot be discharged except for cause.
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6. USERRA LAW Your USERRA rights
Immediate reinstatement of health insurance without regard to pre-existing conditions.
Training and retraining of job skills your employer must provide any training that you missed, includes accommodations for disability
Protection against discrimination includes discrimination against employment, reemployment, termination, promotion and benefits
Reinstatement of Health Insurance. Health benefits are reinstated immediately upon reemployment - no waiting period and no exclusion for pre-existing conditions.
Training and Retraining. If you are no longer qualified due to technological advances, your employer must provide the necessary training to update your skills or retrain you into a new position.
Protection against discrimination. Evidence means more than no evidence. Logging information vital to a potential discrimination and having documentation will strengthen the issues in a case.
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7. USERRA: Pre-Mobilization
Notify your employer
To ensure your job is protected, you must
provide your employer with prior notice
Notice may be verbal or in writing, though written notice is preferred
Recommended notice is a letter to your employer with your orders attached
USERRA is the Uniformed Services Employment and Reemployment Rights Act. It was enacted in October 1994 under Title 38, Chapter 43, United States Code (USC). All members of the RC and especially military leaders should be aware of their USERAA rights and requirements.
USERRA applies to all members of the uniformed services seving in a federally funded status. This includes both Active and Reserve components of the armed forces and the Coast Guard. USERRA does not apply to members of the National Guard serving on State active duty, members serving on State Active duty are covered under applicable State laws.
USERRA provides numerous employment and reemployment rights to service members and prohibits workplace discrimination against curent and past uniformed members.
Note to Instructor:
USERRA significantly strengthened and expanded an earlier version of the law called the Veterans’ Reemployment Rights (VRR) law, enacted in 1940 under Title 38, USC.
9/15/2018

8. USERRA: During Mobilization
Talk to your employer
Provide your employer with your new contact information as soon as possible
Maintain regular contact with your employer and let them know how you’re doing
Tell your employer when you will be returning and your reemployment intentions
USERRA is the Uniformed Services Employment and Reemployment Rights Act. It was enacted in October 1994 under Title 38, Chapter 43, United States Code (USC). All members of the RC and especially military leaders should be aware of their USERAA rights and requirements.
USERRA applies to all members of the uniformed services seving in a federally funded status. This includes both Active and Reserve components of the armed forces and the Coast Guard. USERRA does not apply to members of the National Guard serving on State active duty, members serving on State Active duty are covered under applicable State laws.
USERRA provides numerous employment and reemployment rights to service members and prohibits workplace discrimination against curent and past uniformed members.
Note to Instructor:
USERRA significantly strengthened and expanded an earlier version of the law called the Veterans’ Reemployment Rights (VRR) law, enacted in 1940 under Title 38, USC.
9/15/2018

9. USERRA: De-Mobilization
USERRA Eligibility Requirements
Provided notice to your employer BEFORE deployment/active duty
You were not separated from service under other than honorable conditions
Report back to work in a timely manner (see next slide for timetable)
USERRA is the Uniformed Services Employment and Reemployment Rights Act. It was enacted in October 1994 under Title 38, Chapter 43, United States Code (USC). All members of the RC and especially military leaders should be aware of their USERAA rights and requirements.
USERRA applies to all members of the uniformed services seving in a federally funded status. This includes both Active and Reserve components of the armed forces and the Coast Guard. USERRA does not apply to members of the National Guard serving on State active duty, members serving on State Active duty are covered under applicable State laws.
USERRA provides numerous employment and reemployment rights to service members and prohibits workplace discrimination against curent and past uniformed members.
Note to Instructor:
USERRA significantly strengthened and expanded an earlier version of the law called the Veterans’ Reemployment Rights (VRR) law, enacted in 1940 under Title 38, USC.
9/15/2018

10. USERRA: De-Mobilization
When to go back to work
Service Time Requirement
1-30 Days Must Report Next Work Day
Days Must Apply Within 14 Days
181+ Days Must Apply Within 90 Days
Important!
Don’t wait until the last minute to tell your employer
that you are back! It’s the Law!
USERRA is the Uniformed Services Employment and Reemployment Rights Act. It was enacted in October 1994 under Title 38, Chapter 43, United States Code (USC). All members of the RC and especially military leaders should be aware of their USERAA rights and requirements.
USERRA applies to all members of the uniformed services seving in a federally funded status. This includes both Active and Reserve components of the armed forces and the Coast Guard. USERRA does not apply to members of the National Guard serving on State active duty, members serving on State Active duty are covered under applicable State laws.
USERRA provides numerous employment and reemployment rights to service members and prohibits workplace discrimination against curent and past uniformed members.
Note to Instructor:
USERRA significantly strengthened and expanded an earlier version of the law called the Veterans’ Reemployment Rights (VRR) law, enacted in 1940 under Title 38, USC.
9/15/2018

11. Resolving Employment Related Issues
Inform Chain-of-Command
Contact ESGR : ,
Contact DOL: USA-DOL,
Arrange for Private Counsel (personal cost)
As you know, there may come a time when the relationship with your employer becomes strained because of your military obligations. The following steps are designed to help you resolve a problem with your employer that is related to your military service.
Inform Chain of Command. The first step in resolving an employer related problem is to explain the problem to your leaders and keep them informed. They may be able to resolve the issue for you without pursuing further action.
Contact ESGR. If your chain of command cannot resolve your issue, contact ESGR. By contacting ESGR, your issue will be referred to a trained volunteer Ombudsman who will help you resolve your problem through informal mediation. The objective of the ESGR ombudsman is to eliminate misunderstandings and resolve difficulties in a spirit of cooperation. Their success rate at resolving issues at their level is over 90%.
Contact DOL. If the ESGR Ombudsman is not able to successfully resolve your issue, you should contact the Department of Labor (DOL).
Arrange for Private Counsel. If DOL cannot resolve your issue or will not accept your case, you may arrange for private counsel/legal representation. Unlike the previous steps, however, this service is not free and may result in an out of pocket expense.
Note to Instructor: Though not recommended, RC members may contact DOL or private counsel without first contacting an ESGR ombudsman. However, doing so precludes them from obtaining assistance from ESGR.
9/15/2018

12. Service Members’ Education Rights
The Department Of Education adopted USERRA like protections under (Part 668 Student Assistance General Provisions) readmission requirements for service members performing military service for post secondary and higher educational institutions. This new provision authorizes higher education institutions to treat service members as if they never left for duty or military service. The higher education institutions must readmit the service member based on military service not to be penalized i.e., same academic status.
I have listed below a few of the significant benefits of the new law affecting service members:
A five year limit in accordance with USERRA rules title 10 duties that would not count against the five-year limit.
Advance notice and exceptions to advance notice protections are included
Notification and intent to enroll provision, protecting service members if they fail to reapply
in a timely manner. Service members would only be subjected to institutions established
leave of absence policy and general practices.
Law supersedes any State law or other requirement that reduces, limits, or eliminates any
right or benefit provided by this educational provision.
Requires institutions to designate a person or department to handle veterans or service
member’s education issues.
Reasonable accommodations efforts required by post secondary institutions.
Our point of contact at the Dept of Education is Ms. Wendy Macias, Office of Postsecondary Education, and phone: or 12

13. Statement of Support
“We fully recognize, honor and enforce the Uniformed Services Employment and Re-Employment Rights Act (USERRA).”

14. “My Boss Is A Patriot” Award
Patriot Lapel Pin
Patriot Lapel Pin
Patriot Lapel Pin
Submit online Patriot Award nomination at esgr.mil >Programs>Patriot Award
Every nominated employer receives a framed Patriot Award certificate with an ESGR lapel pin
Tell us why your employer is great. When completing the employer recognition form, take a few moments to explain why your employer deserves to be recognized.
There are employers who have even received the Freedom award and treasure the Patriot award the most because their employee honored them with it.

15. Above and Beyond Award
The "Above and Beyond Award“ recognizes employers at the state and local level who have gone above and beyond the legal requirements for granting leave and providing support for military duty by their employees

16. Pro Patria Award
The "Pro Patria Award“ is presented annually to up to three employers per state or territory who have provided the most exceptional support through leadership practices and personnel policies

17. The Secretary of Defense
Freedom Award
freedomaward.mil
Meet the SecDef
in the Oval Office
The “Freedom Award” is presented annually by the Secretary of Defense to the nation's 15 most supportive employers. The nomination season opens the first working day of November and closes the third Monday of January.

18. ESGR Employment Initiative Program
California ESGR will direct you to partners to guide your transition into the civilian life while maintaining your military career.
For information see the California ESGR website or contact

19. ESGR “BOSS LIFT”
A “Boss Lift” is an employer’s opportunity to visit the National Guard & Reserves as they do their work and rule out the idea that Reservists are on vacation.
Your boss can see the real work the National Guard and Reserves are doing!

20. CA ESGR Website http://www.caesgr.org
USERRA Information Links
Military Outreach
Employer Outreach
Employment Initiative Program
Tips for You/Employer
ESGR Ombudsman Resources
ESGR Volunteers Resources
Links to Employer and Military Resources
CA ESGR News
The California ESGR highly recommend service members utilize the caesgr.org website as it links many items to the pubic website, but includes other links pertinent to California.

21. ESGR National Website http://www.esgr.mil

22. ESGR Volunteers Civilian, Military, Students….YOU!
National: Go to click Volunteer
California: Go to caesgr.org, click the Volunteer Page and look for Uncle Sam

23. Thank You For Your Service!
Questions?
California ESGR Contact Numbers
Northern California: Everything above Santa Barbara County
Central California: San Luis Obispo, Kern, Santa Barbara, Ventura, Los Angeles, No. Orange, San Bernardino Counties, and Riverside Counties
Southern California: San Diego, South Orange County, and Imperial Counties
Follow CA ESGR on Facebook, Twitter, CA ESGR Blog
Thank You For Your Service!