south dakota · south dakota economy total south dakota national guard and reserve expenditures for...
TRANSCRIPT
South Dakota South Dakota Retail Association Brief
“Building Relationships Between Employers and Today’s 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 ½ 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.
ECONOMIC STIMULATION TO SOUTH DAKOTA ECONOMY
Total South Dakota National Guard and Reserve Expenditures for
FY 2015:
$ 176,427,016
63 Units in 22 Communities
Value of…Guard/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
• Family
• Civilian Career
• Military Service
Balance in all three areas is
essential. If one leg is missing,
balance is lost and the stool will
collapse.
Em
plo
yer
ESGR Programs
Employer Outreach - Bosslifts
-Brief the Boss
-Statement of Support
Military Outreach - Awards Program
Ombudsman Program
Employer Outreach
• “Bosslifts” – Develop AWARENESS of Reservist’s role in our nation’s defense – Local (1 day) VISIT to military sites - RECRUIT future SD ESGR members
“BRIEFING WITH THE BOSS” - Informal lunch/breakfast to learn Reservist’s
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
USERRA
Uniformed Services Employment and
Reemployment Rights Act
Title 38 United State Code Chapter 43
US DOL USERRA
Code of Federal Regulation 1002.1
DISCRIMINATION 38 U.S.C. 4311(a)
• Protection against discrimination on the basis of a person’s 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)
NATIONAL GUARD SERVICE
• 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
REEMPLOYMENT ELIGIBILITY 38 U.S.C. 4303, 4312
• 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
TIMELY RETURN/APPLICATION 38 U.S.C. 4312(e)
• 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
CHARACTER OF SERVICE 38 U.S.C. 4304
• 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
REEMPLOYMENT POSITION 38 U.S.C.4313
• 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
PROTECTION FROM DISCHARGE 38 U.S.C. 4316(c)
• 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
• Leadership
• Teamwork
• Diversity and Inclusion in action
• Efficient Performance Under Pressure
• Respect for Procedures
• Technology and Globalization
• Conscious of Health and Safety Standards
• Integrity
• Triumph over adversity
25 An OSD Reserve Affairs Project
Supporting The President’s Call “To Put Our Heroes to Work”
http:veterans.gov
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
• #RememberEveryoneDeployed
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
• www.esgr.mil