1 00:00:00,740 --> 00:00:03,490 Hello , I am Jim mangan asked state 2 00:00:03,490 --> 00:00:05,601 chair for the Tennessee Committee for 3 00:00:05,601 --> 00:00:07,768 employer support of the Garden Reserve 4 00:00:07,880 --> 00:00:10,630 and a retired Air Force reservist . Our 5 00:00:10,630 --> 00:00:12,840 committee has about 100 volunteers 6 00:00:12,840 --> 00:00:15,000 throughout the state to help educate 7 00:00:15,000 --> 00:00:17,260 employers and service members like you 8 00:00:17,740 --> 00:00:19,462 on their respective rights and 9 00:00:19,462 --> 00:00:21,780 responsibilities under the uniformed 10 00:00:21,780 --> 00:00:24,710 services , Employment and Reemployment 11 00:00:24,720 --> 00:00:27,290 Rights Act called you Sarah , which the 12 00:00:27,290 --> 00:00:29,512 following presentation will describe in 13 00:00:29,512 --> 00:00:31,970 detail . We have six E . S . G . R . 14 00:00:31,970 --> 00:00:34,340 Area chairs throughout Tennessee . And 15 00:00:34,340 --> 00:00:37,060 joining me today is our Knoxville area 16 00:00:37,060 --> 00:00:40,070 chair , Teresa Beavers and army veteran 17 00:00:40,070 --> 00:00:43,760 herself . Teresa , one major part of 18 00:00:43,760 --> 00:00:46,000 our employer outreach effort is to 19 00:00:46,000 --> 00:00:48,240 recognize employers for their strong 20 00:00:48,240 --> 00:00:50,600 support of their employees who serve in 21 00:00:50,600 --> 00:00:53,160 the Garden Reserve . We need your help 22 00:00:53,170 --> 00:00:55,760 to recognize your employer by you 23 00:00:55,760 --> 00:00:58,030 nominating them for the patriot and 24 00:00:58,030 --> 00:01:00,070 other awards , which we will also 25 00:01:00,070 --> 00:01:02,540 discuss in the use here a briefing you 26 00:01:02,540 --> 00:01:05,290 are about to receive . It is also very 27 00:01:05,290 --> 00:01:07,700 helpful for us to know the employers 28 00:01:07,710 --> 00:01:10,400 you work for by completing the civilian 29 00:01:10,400 --> 00:01:12,880 employment information when requested 30 00:01:12,880 --> 00:01:15,830 by your unit . That way we know who the 31 00:01:15,830 --> 00:01:18,580 major employers of Garden Reserve are 32 00:01:18,590 --> 00:01:21,290 and can focus our outreach efforts such 33 00:01:21,290 --> 00:01:23,460 as boss lifts to those employers . 34 00:01:23,640 --> 00:01:25,680 Here's a picture of the Tennessee 35 00:01:25,680 --> 00:01:27,840 employers we brought to the National 36 00:01:27,840 --> 00:01:31,490 Training Center in 2018 . This is where 37 00:01:31,490 --> 00:01:34,420 employers see firsthand the emissions 38 00:01:34,420 --> 00:01:37,120 you perform . We are always interested 39 00:01:37,120 --> 00:01:39,180 in coming to your unit in person or 40 00:01:39,180 --> 00:01:41,750 virtually to give this annual briefing 41 00:01:41,750 --> 00:01:44,250 and answer questions If your units 42 00:01:44,250 --> 00:01:46,194 leadership is interested in this . 43 00:01:46,250 --> 00:01:48,700 Please contact Amanda Mack Mahan at 44 00:01:48,700 --> 00:01:52,460 (615) 603 8601 45 00:01:52,840 --> 00:01:55,930 and she can also send you your unit E . 46 00:01:55,930 --> 00:01:57,597 S . G . R . Wallet cards that 47 00:01:57,597 --> 00:02:00,400 summarized the userra law . This wallet 48 00:02:00,400 --> 00:02:02,620 card also contains the E . S . G . Our 49 00:02:02,620 --> 00:02:04,509 toll free number . If you want to 50 00:02:04,509 --> 00:02:06,980 inquire on the law or you have an issue 51 00:02:06,980 --> 00:02:08,980 that you want . E . S . G . R . S . 52 00:02:08,980 --> 00:02:11,670 Help to mediate The Garden Reserve make 53 00:02:11,670 --> 00:02:13,960 up nearly 40% of the nation's military 54 00:02:13,960 --> 00:02:16,280 capability and we thank you for being 55 00:02:16,280 --> 00:02:18,630 part of our nation's defense and are 56 00:02:18,630 --> 00:02:21,450 glad to support you and help educate 57 00:02:21,450 --> 00:02:23,710 your employers and recognize their 58 00:02:23,710 --> 00:02:26,500 support for your service . If you or 59 00:02:26,500 --> 00:02:28,722 your spouse wants to become a volunteer 60 00:02:28,722 --> 00:02:30,450 with us , please let us know 61 00:02:38,340 --> 00:02:40,451 as a volunteer with the employers , a 62 00:02:40,451 --> 00:02:42,940 part of the Garden Reserve . I'm here 63 00:02:42,940 --> 00:02:45,380 today to share some basic information 64 00:02:45,380 --> 00:02:47,470 with you about employment and 65 00:02:47,470 --> 00:02:49,710 reemployment rights under the law in 66 00:02:49,710 --> 00:02:51,932 connection with your military service . 67 00:02:52,240 --> 00:02:54,940 This will be a quick overview but an E . 68 00:02:54,940 --> 00:02:56,884 S . G . Are representative will be 69 00:02:56,884 --> 00:02:59,200 available either in person or through 70 00:02:59,200 --> 00:03:01,750 our toll free call center for any 71 00:03:01,750 --> 00:03:03,970 specific or additional questions you 72 00:03:03,970 --> 00:03:06,540 may have and you may have to share this 73 00:03:06,540 --> 00:03:08,818 information at the end of the briefing . 74 00:03:10,040 --> 00:03:12,240 Here are the items will cover today . 75 00:03:12,340 --> 00:03:14,507 We will talk briefly about E . S . G . 76 00:03:14,507 --> 00:03:16,820 R . And R . Mission , especially how it 77 00:03:16,820 --> 00:03:18,820 relates to the uniformed services , 78 00:03:18,820 --> 00:03:21,160 employment and Reemployment rights Act 79 00:03:21,170 --> 00:03:24,710 or use era . Then we will talk about 80 00:03:24,710 --> 00:03:26,940 your rights and responsibilities under 81 00:03:26,940 --> 00:03:29,440 you Sarah as well as how you can work 82 00:03:29,450 --> 00:03:31,672 with your employer with E . S . G . R . 83 00:03:31,672 --> 00:03:33,640 S . Assistance to develop a more 84 00:03:33,640 --> 00:03:36,600 positive work environment . Then we 85 00:03:36,600 --> 00:03:39,740 will briefly discuss how ES GR can help 86 00:03:39,740 --> 00:03:42,810 you and your employer resolve issues . 87 00:03:42,820 --> 00:03:45,160 We'll wrap it up by telling you where 88 00:03:45,160 --> 00:03:47,300 to go and who to contact with 89 00:03:47,300 --> 00:03:50,500 additional questions . What is the S . 90 00:03:50,500 --> 00:03:52,840 G . R . We are a Department of Defense 91 00:03:52,840 --> 00:03:55,200 program that informs service members 92 00:03:55,210 --> 00:03:57,730 and civilian employers about their 93 00:03:57,730 --> 00:04:00,270 rights and responsibilities under use 94 00:04:00,270 --> 00:04:03,800 era rewards employers for great 95 00:04:03,800 --> 00:04:06,270 support and assist in resolving 96 00:04:06,270 --> 00:04:09,190 conflicts related to military service . 97 00:04:09,640 --> 00:04:13,450 We like to say we educate recognize and 98 00:04:13,450 --> 00:04:17,350 mediate . So what is use era ? The 99 00:04:17,350 --> 00:04:19,940 uniformed services , employment and 100 00:04:19,940 --> 00:04:22,520 reemployment rights act was enacted in 101 00:04:22,520 --> 00:04:25,930 1994 to protect the civilian employment 102 00:04:25,940 --> 00:04:28,040 of active and reserve military 103 00:04:28,040 --> 00:04:30,720 personnel in the United States who have 104 00:04:30,720 --> 00:04:33,770 been called to federal active duty use 105 00:04:33,770 --> 00:04:36,420 era is a federal law that applies to 106 00:04:36,420 --> 00:04:38,980 federal deployment . It does not apply 107 00:04:38,990 --> 00:04:41,560 in instances of state active duty . 108 00:04:41,740 --> 00:04:44,810 However many states have similar state 109 00:04:44,810 --> 00:04:47,460 laws which apply in that situation . 110 00:04:48,140 --> 00:04:50,420 While E . S . G . R . Educates about 111 00:04:50,420 --> 00:04:52,700 you Sarah , the law is actually 112 00:04:52,700 --> 00:04:54,860 enforced by the department of Labor 113 00:04:56,440 --> 00:04:59,460 By law . Here's what an employer must 114 00:04:59,460 --> 00:05:01,293 provide you when you return from 115 00:05:01,293 --> 00:05:04,120 military service . Your employer does 116 00:05:04,120 --> 00:05:06,231 not have to pay you while you were on 117 00:05:06,231 --> 00:05:08,540 duty but you should not be forced to 118 00:05:08,540 --> 00:05:11,660 take vacation or sick leave . You 119 00:05:11,660 --> 00:05:13,771 should be properly reinstated at your 120 00:05:13,771 --> 00:05:16,290 job and continue to accumulate 121 00:05:16,290 --> 00:05:19,720 seniority pension plans etcetera as if 122 00:05:19,720 --> 00:05:22,190 you had never left . Your health 123 00:05:22,200 --> 00:05:24,680 insurance benefits should be reinstated . 124 00:05:25,640 --> 00:05:28,080 If your job requires it , you should 125 00:05:28,080 --> 00:05:30,730 receive training and retraining in job 126 00:05:30,730 --> 00:05:32,860 skills . You should not be 127 00:05:32,860 --> 00:05:35,140 discriminated against because of your 128 00:05:35,140 --> 00:05:39,060 military service . You have 129 00:05:39,060 --> 00:05:41,690 responsibilities too . You have to do 130 00:05:41,690 --> 00:05:43,770 the right thing by your employer and 131 00:05:43,770 --> 00:05:47,000 give as much advance notice as possible 132 00:05:47,340 --> 00:05:50,150 of impending periods of service . Re 133 00:05:50,150 --> 00:05:52,530 recommend at least 30 days notice 134 00:05:52,530 --> 00:05:54,660 before you go on orders if at all 135 00:05:54,660 --> 00:05:57,730 possible . There is no mandatory format 136 00:05:57,730 --> 00:06:00,410 for the notice . So in most cases email 137 00:06:00,410 --> 00:06:03,510 is fine . Be understanding of your 138 00:06:03,510 --> 00:06:05,990 employer . Don't go to work on friday 139 00:06:06,000 --> 00:06:08,222 to say you're leaving monday for a nine 140 00:06:08,222 --> 00:06:10,389 month deployment . While that might be 141 00:06:10,389 --> 00:06:12,350 legal . It can lead to bad 142 00:06:12,350 --> 00:06:14,930 relationships with your employer and 143 00:06:14,930 --> 00:06:17,097 your employer has the right to contact 144 00:06:17,097 --> 00:06:20,680 your chain of command to confirm period 145 00:06:20,690 --> 00:06:23,750 time and duration of service . Your 146 00:06:23,750 --> 00:06:26,790 responsibilities include serving under 147 00:06:26,800 --> 00:06:29,940 honorable conditions , dishonorable bad 148 00:06:29,940 --> 00:06:31,890 conduct and other than honorable 149 00:06:31,890 --> 00:06:34,490 discharges , dismissal and dropped from 150 00:06:34,490 --> 00:06:37,360 the rolls forfeit . Use era protection . 151 00:06:37,940 --> 00:06:40,430 Finally , you must return to work in a 152 00:06:40,430 --> 00:06:43,160 timely fashion and the next slide will 153 00:06:43,160 --> 00:06:45,610 show you the return to work guidelines 154 00:06:47,830 --> 00:06:49,941 to maintain reemployment rights under 155 00:06:49,941 --> 00:06:51,941 you sarah . You must report back to 156 00:06:51,941 --> 00:06:54,230 work or apply for re employment in 157 00:06:54,230 --> 00:06:56,174 accordance with the following time 158 00:06:56,174 --> 00:06:58,650 schedule . Though not required , you 159 00:06:58,650 --> 00:07:01,300 should submit your application for re 160 00:07:01,300 --> 00:07:03,970 employment in writing . This is not the 161 00:07:03,970 --> 00:07:05,950 same as someone applying for the 162 00:07:05,960 --> 00:07:08,330 position for the first time , but 163 00:07:08,330 --> 00:07:10,910 rather applying for reinstatement . A 164 00:07:10,910 --> 00:07:13,670 sample application is available on the 165 00:07:13,670 --> 00:07:17,490 E S G . Our website at www dot 166 00:07:17,500 --> 00:07:21,260 e s gr dot m I l . If you serve 167 00:07:21,260 --> 00:07:23,880 1-30 days of service , you must report 168 00:07:23,880 --> 00:07:25,900 back to work on the next scheduled 169 00:07:25,900 --> 00:07:28,990 workday after safe return home and 170 00:07:29,000 --> 00:07:31,910 eight hours of rest . This would be 171 00:07:32,180 --> 00:07:34,650 typically your drill or annual training 172 00:07:34,650 --> 00:07:38,430 periods From 31 days to 180 days of 173 00:07:38,430 --> 00:07:40,041 service . You must submit an 174 00:07:40,041 --> 00:07:42,950 application for re employment within 14 175 00:07:42,950 --> 00:07:45,180 days after release from the period of 176 00:07:45,180 --> 00:07:47,890 service . This gives you and your 177 00:07:47,890 --> 00:07:51,130 employer time to coordinate your return 178 00:07:51,130 --> 00:07:54,180 with pay periods etcetera . If one , if 179 00:07:54,180 --> 00:07:56,630 you have 180 days or more of service , 180 00:07:56,630 --> 00:07:58,852 you must submit that application for re 181 00:07:58,852 --> 00:08:02,120 employment within 90 days after release 182 00:08:02,120 --> 00:08:04,830 from the period of service . Again , 183 00:08:05,050 --> 00:08:07,160 just because you can wait 90 days 184 00:08:07,160 --> 00:08:09,271 doesn't mean you should wait the full 185 00:08:09,271 --> 00:08:12,110 period to reapply . You are entitled to 186 00:08:12,110 --> 00:08:14,590 use any portion of the time to apply up 187 00:08:14,590 --> 00:08:17,440 to the maximum time allowed . But you 188 00:08:17,440 --> 00:08:19,610 should coordinate your date of return 189 00:08:19,730 --> 00:08:23,650 with your employer . Here 190 00:08:23,650 --> 00:08:25,706 is some additional information about 191 00:08:25,706 --> 00:08:28,310 use era . Please note while you Sarah . 192 00:08:28,320 --> 00:08:30,487 Reemployment rights don't apply if the 193 00:08:30,487 --> 00:08:33,140 cumulative absences for military duty 194 00:08:33,150 --> 00:08:35,310 from the same employer exceed five 195 00:08:35,310 --> 00:08:37,580 years , there are many periods of 196 00:08:37,580 --> 00:08:40,440 service that are excluded such as your 197 00:08:40,440 --> 00:08:42,750 drill , weekend's annual training , 198 00:08:43,060 --> 00:08:46,040 involuntary active duty orders and even 199 00:08:46,040 --> 00:08:48,560 some voluntary service for operational 200 00:08:48,560 --> 00:08:50,560 missions where service members have 201 00:08:50,560 --> 00:08:52,616 been involuntarily ordered to active 202 00:08:52,616 --> 00:08:54,850 duty such as service in Iraq and 203 00:08:54,850 --> 00:08:58,290 Afghanistan . Complex issues such as 204 00:08:58,290 --> 00:09:00,390 exclusions from the five year limit 205 00:09:00,610 --> 00:09:02,860 should be addressed with your employer 206 00:09:03,240 --> 00:09:06,050 and es Gr ombudsman and your chain of 207 00:09:06,050 --> 00:09:09,390 command . Your employer is not required 208 00:09:09,400 --> 00:09:11,622 to allow you to make up periods of work 209 00:09:11,622 --> 00:09:14,440 missed for military service and you are 210 00:09:14,440 --> 00:09:16,270 not required to find your own 211 00:09:16,270 --> 00:09:18,950 replacement while on military orders . 212 00:09:20,240 --> 00:09:22,750 This is how ES GR can help educate your 213 00:09:22,750 --> 00:09:25,880 employer , not just on the law but on 214 00:09:25,880 --> 00:09:27,713 what you and your fellow reserve 215 00:09:27,713 --> 00:09:30,500 service members do . We inform 216 00:09:30,510 --> 00:09:32,660 employers at briefing similar to this 217 00:09:32,660 --> 00:09:35,910 one at professional gatherings and if 218 00:09:35,910 --> 00:09:38,070 you would like we could invite your 219 00:09:38,070 --> 00:09:40,520 boss to observe and experience unit 220 00:09:40,520 --> 00:09:43,580 training on one of our periodic boss 221 00:09:43,580 --> 00:09:46,720 lifts or plan a one on one briefing 222 00:09:46,720 --> 00:09:49,060 with the boss where we will explain how 223 00:09:49,060 --> 00:09:51,290 important your work and their support 224 00:09:51,290 --> 00:09:54,110 is to national security . We would like 225 00:09:54,110 --> 00:09:55,999 to invite your employers to these 226 00:09:55,999 --> 00:09:58,440 events . However we need to know who 227 00:09:58,440 --> 00:10:00,329 you work for . So check with your 228 00:10:00,329 --> 00:10:02,680 leadership to find out if they want to 229 00:10:02,680 --> 00:10:05,800 provide that information . Do you have 230 00:10:05,800 --> 00:10:08,730 an employer who is supporting you ? E . 231 00:10:08,730 --> 00:10:11,260 S . G . R . Could help recognize those 232 00:10:11,260 --> 00:10:13,910 employers who are doing the right thing , 233 00:10:14,540 --> 00:10:16,750 nominate your boss for my boss is a 234 00:10:16,750 --> 00:10:19,650 patriot . You can submit a nomination 235 00:10:19,650 --> 00:10:22,270 online and your spouse's employer is 236 00:10:22,280 --> 00:10:25,200 eligible as well if you like . E . S . 237 00:10:25,200 --> 00:10:27,144 G . R . Can arrange to present the 238 00:10:27,144 --> 00:10:29,400 award at your place of business if your 239 00:10:29,400 --> 00:10:31,233 employer does more than just the 240 00:10:31,233 --> 00:10:33,067 minimum , such as paying you the 241 00:10:33,067 --> 00:10:35,289 difference between your salary and your 242 00:10:35,289 --> 00:10:37,880 military pay or helping out when you 243 00:10:37,880 --> 00:10:40,440 are deployed . You can nominate them 244 00:10:40,620 --> 00:10:43,110 for other awards such as above and 245 00:10:43,110 --> 00:10:46,610 beyond or freedom . Award details on 246 00:10:46,610 --> 00:10:50,390 these awards are available at www dot E . 247 00:10:50,390 --> 00:10:54,030 S gr dot M I L . Another way to 248 00:10:54,030 --> 00:10:56,610 recognize supportive employers is by 249 00:10:56,610 --> 00:10:59,440 completing a statement of support . The 250 00:10:59,450 --> 00:11:02,380 S . O . S . Is signed by the Secretary 251 00:11:02,380 --> 00:11:04,830 of Defense , the ES gr National 252 00:11:04,830 --> 00:11:06,790 Chairperson , Chairman and your 253 00:11:06,790 --> 00:11:09,180 employer and affirms your employer's 254 00:11:09,180 --> 00:11:11,124 commitment to support the National 255 00:11:11,124 --> 00:11:13,750 Guard and Reserve service members , 256 00:11:14,340 --> 00:11:17,060 contact your local e S G R committee 257 00:11:17,100 --> 00:11:20,300 through es gr dot M I l . To discuss 258 00:11:20,300 --> 00:11:22,310 both the awards and the S . O . S . 259 00:11:22,310 --> 00:11:24,660 Program . And what we can do to help 260 00:11:24,660 --> 00:11:28,470 you , if you have a problem with your 261 00:11:28,470 --> 00:11:30,650 employer that is related to your guard 262 00:11:30,660 --> 00:11:33,080 or reserve service here are some 263 00:11:33,080 --> 00:11:36,450 options To help you contact es gr call 264 00:11:36,450 --> 00:11:39,140 the 800 number a trained experienced 265 00:11:39,150 --> 00:11:41,730 tsg . Our national representative will 266 00:11:41,730 --> 00:11:44,250 attempt to resolve the issue if he or 267 00:11:44,250 --> 00:11:46,510 she can't answer your questions . The 268 00:11:46,510 --> 00:11:48,454 representative will refer you to a 269 00:11:48,454 --> 00:11:51,260 trained E . S . G R . Ombudsman who in 270 00:11:51,260 --> 00:11:54,060 your area . Ombudsman's are informal 271 00:11:54,070 --> 00:11:56,900 mediators , not advocates who helped 272 00:11:56,900 --> 00:11:59,810 resolve service related conflicts with 273 00:11:59,810 --> 00:12:03,150 employers . If the ES gr ombudsman is 274 00:12:03,150 --> 00:12:05,261 not available to successfully resolve 275 00:12:05,261 --> 00:12:07,220 the issue , you can contact the 276 00:12:07,220 --> 00:12:09,510 Department of Labor to have your issue 277 00:12:09,510 --> 00:12:12,270 reviewed . Department of Labor may 278 00:12:12,270 --> 00:12:15,080 require you contact ES GR before 279 00:12:15,080 --> 00:12:17,940 contacting them . You may contact a 280 00:12:17,940 --> 00:12:20,290 private attorney at any time , but you 281 00:12:20,290 --> 00:12:22,512 must pay the cost for that personally . 282 00:12:22,740 --> 00:12:25,610 And contacting the attorney may prevent 283 00:12:25,610 --> 00:12:28,040 you from obtaining help from E . S . G . 284 00:12:28,040 --> 00:12:30,960 R . Later and keep your chain of 285 00:12:30,960 --> 00:12:33,200 command informed . If you have a 286 00:12:33,200 --> 00:12:35,144 service connected conflict with an 287 00:12:35,144 --> 00:12:37,960 employer and what steps you may take to 288 00:12:37,960 --> 00:12:40,780 resolve it . Let them know the most 289 00:12:40,780 --> 00:12:42,891 important thing to take away from the 290 00:12:42,891 --> 00:12:45,920 briefing is that communication is key 291 00:12:45,930 --> 00:12:48,470 in keeping a positive relationship with 292 00:12:48,470 --> 00:12:50,710 your employer . Let E . S . G . R . 293 00:12:50,710 --> 00:12:52,520 Help maintain and improve that 294 00:12:52,520 --> 00:12:54,650 relationship through our tenants of 295 00:12:54,660 --> 00:12:58,460 educate , recognize and mediate again . 296 00:12:58,840 --> 00:13:00,951 Thank you for your service and please 297 00:13:00,951 --> 00:13:03,380 don't hesitate to contact ES GR with 298 00:13:03,380 --> 00:13:05,160 any questions or concerns