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  • South Dakota South Dakota Retail Association Brief

    Building Relationships Between Employers and Todays Military

  • What is ESGR?

    DoD organization under the Deputy Secretary of Defense for Reserve Affairs.

    Recognize outstanding support

    Increase awareness of the law

    Resolve conflicts through informal mediation

    National Headquarters located in Alexandria, VA.

    More than 4,500 volunteers in 54 ESGR committees one committee in each state, U.S. territory, D.C.

    Nearly of Armed Forces serve in the Reserve Force Component Army Reserve, Army National Guard, Navy Reserve, Marine Corps Reserve, Coast Guard Reserve, Air Force Reserve, and Air Guard.


    Total South Dakota National Guard and Reserve Expenditures for

    FY 2015:

    $ 176,427,016

    63 Units in 22 Communities

  • Value ofGuard/Reserve Members?

    As a Taxpayer: Train/maintain 10 Reservists for cost of 1 Active Duty member

    As an Employer: Technical Training & Organizational Skills Leadership Opportunities Professional development Self discipline Physically Fit

    Drug Free

  • Three Legged Stool


    Civilian Career

    Military Service

    Balance in all three areas is

    essential. If one leg is missing,

    balance is lost and the stool will





  • ESGR Programs

    Employer Outreach - Bosslifts

    -Brief the Boss

    -Statement of Support

    Military Outreach - Awards Program

    Ombudsman Program

  • Employer Outreach

    Bosslifts Develop AWARENESS of Reservists role in our nations defense Local (1 day) VISIT to military sites - RECRUIT future SD ESGR members

    BRIEFING WITH THE BOSS - Informal lunch/breakfast to learn Reservists

    role in our national defense. - Informational exchange with employers - Opportunity to learn mission of local unit(s)

  • Employer Outreach Statement of Support

    An opportunity for community leaders and employers to show their support of the National Guard and Reserve.

  • Secretary of Defense Employer Support Freedom Award

    Awards and Recognition

    Patriot Award

    Above and Beyond Award

    Seven Seal Award

    Pro Patria Award

  • Ombudsman Program

    USERRA Uniformed Services Employment and Reemployment Rights Act We offer: FREE USERRA Training FREE mediation service Available to Employers & Service Members


    Uniformed Services Employment and

    Reemployment Rights Act

    Title 38 United State Code Chapter 43


    Code of Federal Regulation 1002.1

  • DISCRIMINATION 38 U.S.C. 4311(a)

    Protection against discrimination on the basis of a persons membership or application for membership in the service, performance of service, or service obligations

    Provision applies to all positions of employment, and to offers of employment

    20 C.F.R. 1002.18

  • Most types of military service covered Voluntary or involuntary

    Peacetime or wartime

    Active and Reserve components

    Fitness-for-service examination

    20 C.F.R. 1002.6

    COVERED SERVICE 38 U.S.C. 4303(13)


    USERRA covers NG duty performed under Federal authority

    USERRA does not cover NG duty performed under State law (e.g., call-up by the Governor for a natural disaster)

    SD State call-ups are covered by State law 20 C.F.R.1002.57


    Certain criteria must be met to be eligible for reemployment following absence for service Advance notice

    5-year cumulative service limit

    Timely return or reemployment application

    Character of service 20 C.F.R. 1002.32

  • ADVANCE NOTICE 38 U.S.C. 4312 (a)(1)

    May be given to employer by service member or military unit

    May be verbal or written

    Should be given as far in advance as is reasonable

    20 C.F.R. 1002.85

  • 5-YEAR SERVICE LIMIT 38 U.S.C. 4312(a)(2)

    Applies to period of service, not absence For example, does not apply to period of absence from

    employment before or after performance of service

    Does not include service performed while working for previous employer(s)

    Includes some service performed before USERRA was enacted

    20 C.F.R. 1002.99 1002.102

  • 5-YEAR LIMIT EXCEPTIONS 38 U.S.C. 4312(c)

    Specified types of service do not count toward the 5-year limit

    obligated service

    required training

    involuntary service

    support of a war, contingency, etc.

    20 C.F.R. 1002.103


    If service is 30 days or less Return to work, generally first shift next day after

    completion of service, with time added for travel and rest

    If service is for more than 30 but less than 181 days Apply within 14 days after service complete

    If service is more than 180 days Apply within 90 days after service complete


    Certain types of discharge or separation from service make an individual ineligible for reemployment under USERRA

    Dishonorable or bad conduct discharge

    Separated under other than honorable conditions

    20 C.F.R. 1002.135

  • VACATION 38 U.S.C. 4316(d)

    Employee must be permitted to use accrued vacation or similar paid leave while performing service

    Employee may not be required to use accrued vacation or similar paid leave while performing service

    20 C.F.R. 1002.153


    Basic entitlement is to the escalator position the position the person would have attained had employment been continuous

    The escalator does not always go up. The escalator position reflects what would have happened if person had remained at work

    The reemployment position could involve a promotion, no change, or even termination depending on circumstances

    20 C.F.R. 1002.191 1002.194


    Reemployed person may not be discharged, except for cause within one year after reemployment if the period of

    service was more than 180 days; or,

    within 180 days after reemployment if the period of service was for more than 30 but less than 181 days

    Employer has burden to prove a discharge during protected period was for cause

    20 C.F.R. 1002.247 1002.248

  • Top 10 Reasons Employers Support the Guard & Reserve

    Accelerated Learning Curve



    Diversity and Inclusion in action

    Efficient Performance Under Pressure

    Respect for Procedures

    Technology and Globalization

    Conscious of Health and Safety Standards


    Triumph over adversity

  • 25 An OSD Reserve Affairs Project

    Supporting The Presidents Call To Put Our Heroes to Work

  • Hero2Hired

    What can H2H offer?

    Career counseling for job seekers

    Resume/cover letter writing, interview prep, job search help, and assistance with translating military skills

    H2H bridges the gap between the military job seeker and the employer

  • What can YOU do to help? Sign a Statement of Support Hire Service Members through H2H Support your Guard/Reserve employees who

    are members of the Guard & Reserve. Salary Differential Insurance Benefits Family Assistance

    Influence other employers/civic leaders

    Become an ESGR Volunteer!! R.E.D. Shirt Friday

  • R.E.D. Shirt Friday

    Remember Everyone Deployed

    Governor Dennis Daugaard signed proclamation

    July 22, 2016 SDNG honoring individual deployers

    [email protected]


  • Contact Information

    Ron Mielke, SD ESGR State Chair [email protected] Phone: 605-359-7630

    MAJ Lona Christensen, SD ESGR Program Director

    [email protected] Phone: 605-737-6540

    Tim Ries, SD Hero2Hired Employment Coordinator [email protected] Phone: 605-357-2913

    South DakotaSouth Dakota Retail Association BriefSlide Number 2ECONOMIC STIMULATION TO SOUTH DAKOTA ECONOMYValue ofGuard/Reserve Members?Three Legged StoolESGR ProgramsEmployer OutreachSlide Number 8Slide Number 9Ombudsman ProgramUSERRADISCRIMINATION38 U.S.C. 4311(a)Slide Number 13NATIONAL GUARD SERVICEREEMPLO