RB - Employer Support of the Guard and Reserve (ESGR) and Uniformed Services Employment and Reemployments Rights Act (USERRA)

ESGR and USERRA

Employer Support of the Guard and Reserve and Uniformed Services Employment and Reemployments Rights Act.

ESGR

ESGR - The National Committee for Employer Support of the Guard and Reserve (ESGR) was chartered by DoD to interface between civilian-soldiers and civilian employers. For the latest news on employer support or specific Reserve soldier rights and laws.

ESGR's Mission: Gain and maintain active support from all public and private employers for the men and women of the National Guard and Reserve as defined by demonstrated employer commitment to employee military service.

Employer Support for the Guard and Reserve (ESGR)

Timelines for returning to employment:

Service of 1 to 30 days: The beginning of the next regularly scheduled work period on the first full day following completion of service and expiration of an 8-hour rest period following safe transportation home.

Service of 31 to 180 days: Application for reinstatement must be submitted not later than 14 days after completion of military duty.

Service of 181 or more days: Application for reinstatement must be submitted not later than 90 days after completion of military duty.

Soldiers should notify their employer in writing requesting reinstatement. Some employers may ask for Soldier to re-apply for employment.

ESGR and USERRA

Service of 1 to 90 days:
(a) in the job the person would have held had he or she remained continuously employed (possibly a promoted position), so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer, or
(b), if the person cannot become qualified, in the position the person was employed on the date of the commencement of the military service.

Service of 91 or more days:
(a) same as for service of 1 to 90 days, or a position of like seniority, status and pay, so long as he or she is qualified, or
(b) if the person cannot become qualified, in the position the person was employed on the date of the commencement of the military service or which nearly approximates that position.

Note: The reemployment position with the highest priority reflects the "escalator" principle, which requires that a returning service member steps back onto the seniority escalator at the point the person would have occupied if the person had remained continuously employed. USERRA specifies that returning employees must be "promptly reemployed." What is prompt will depend on individual circumstances.

Reinstatement after 3 years on active duty might require two weeks to allow giving notice to an incumbent employee who might have to vacate the position.

ESGR and USERRA

Employer Support of the Guard and Reserve (ESGR)
Assistance online or at 800-336-4590

Uniformed Service Employment and Reemployment Rights Act (USERRA)
Reemployment rights with a civilian employer are protected under chapter 43, United States Code. It provides protection under certain circumstances.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), enacted in October 1994 (and significantly updated in 1996 and 1998), provides reemployment protection and other benefits for veterans and employees who perform military service. It clarifies the rights and responsibilities of National Guard and Reserve members, as well as their civilian employers. It applies almost universally to all employers-including the federal government-regardless of the size of their business.

The Department of Labor, Veterans' Employment and Training Service, has an online Uniformed Services Employment and Reemployment Rights Act (USERRA) Advisor to help Veterans understand employee eligibility and job entitlements, employer obligations, benefits and remedies under the Act: www.dol.gov/elaws/userra0.htm.

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