Military Duty And Civilian Employment

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Military Duty And Civilian Employment

• NCAPA training July 17, 2008

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Agenda

• Military by the numbers
• USERRA
• For employers
• For employees
• New post 9/11 GI bill
• Transition services and initiatives
• Employer support of the guard and reserve (ESGR)
• Other online resources

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Military by the Numbers

• The Armed Forces authorized strengths for active
  duty personnel as of September 30, 2008
• The Army, 489,400
• The Navy, 328,400
• The Marine Corps, 180,000
• The Air Force, 328,600
• Total 1,326,400

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Military by the Numbers

• The Armed Forces authorized strengths for
  Selected Reserve personnel as of September 30,
  2008, are
• The Army National Guard, 351,300.
• The Army Reserve, 205,000.
• The Navy Reserve, 67,800.
• The Marine Corps Reserve, 39,600.
• The Air National Guard of the United States,
  106,700.
• The Air Force Reserve, 67,500.
• The Coast Guard Reserve, 10,000.
• Total 847,900

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Military by the Numbers

• The number of Guard and Reserve currently
  (7/19/2008) on active duty
• Army National Guard and Army Reserve is 85,517
• Navy Reserve, 5,757
• Air National Guard and Air Force Reserve, 11,499
• Marine Corps Reserve, 8,239
• Coast Guard Reserve, 787. 
• Total 111,799

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Military by the Numbers

• The active compliment of US troops is 1.43
  million
• The reserve compliment of US troops is 1.46
  million

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Military by the Numbers

• Returning troops Draw down numbers change often
  and the current projection is that most may be
  returning home by next summer.
• If things go as hoped nearly 100,000 troops
  will be leaving Iraq.
• Returning Active Duty will not significantly
  impact the job market, as the largest percentage
  will remain in service.
• Returning Guard troops will have an impact.
• The New Post 9/11 GI Bill may delay the impact as
  many vets may go straight to school.

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Why should we care?

• Each employer is inextricably linked to a strong
  national defenseToday, the National Guard and
  Reserve are an integral part of our defense
  forces.
• Nearly half of the men and women serving in our
  armed forces are members of the National Guard
  and Reserve.
• Their performance must meet the same standards as
  their active-duty counterparts.

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USERRA

• Uniformed
• Services
• Employment and
• Reemployment
• Rights
• Act

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What is USERRA?

• The Uniformed Services Employment and
  Reemployment Rights Act (USERRA) was signed on
  October 13, 1994. The Act protects persons who
  perform duty, voluntarily or involuntarily, in
  the "uniformed services."

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Employers USERRA applies to

• USERRA applies to virtually all employers,
  including the Federal Government and most
  positions.
• Small companies are not exempted.
• "Brief Nonrecurrent" positions are exempt.

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Entitlements Under USERRA

• Prompt reinstatement (generally a matter of days,
  not weeks, but will depend on the length of
  absence).
• Accrued seniority, as if continuously employed.
  This applies to rights and benefits determined by
  seniority as well. This includes status, rate of
  pay, pension vesting, and credit for the period
  for pension benefit computations.
• Training or retraining and other accommodations.
  This would be particularly applicable in case of
  a long period of absence or service-connected
  disability.
• Special protection against discharge, except for
  cause. The period of this protection is 180 days
  following periods of service of 31-180 days. For
  periods of service of 181 days or more, it is one
  year.

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What is required of the employee?

• Must have held a civilian job.
• Must have informed their employer that they were
  leaving the job for service in the uniformed
  services.
• The period of service must not have exceeded five
  years.
• Must have been released from service under
  "honorable conditions."
• Must have reported back to their civilian
  employer in a timely manner or have submitted a
  timely application for reemployment.

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When is service not covered?

• Separation from the service with a dishonorable
  or bad conduct discharge.
• Separation from the service under other than
  honorable conditions. Regulations for each
  military branch specify when separation from the
  service would be considered "other than
  honorable."
• Dismissal of a commissioned officer in certain
  situations involving a court martial or by order
  of the President in time of war.
• Dropping a individual from the rolls when the
  individual has been absent without authority for
  more than three months or who is imprisoned by a
  civilian court.

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What documentation is required of the employer?

• None
• However, if a dispute arises, the employer may
  be required to provide documentation of
  compliance with the USERRA law.

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What additional recompense is required of the
employer?

• Continued health insurance coverage for up to18
  months at 102 of cost
• Prompt reemployment
• Some companies do offer wage payments, no- or
  low-cost health coverage and other continuing
  benefits to their employees who have been called
  to active duty.

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USERRA recapped

• Many returning National Guard and Reserve
  Servicemembers face tough transition issues
  ranging from mental and physical health to
  employment and re-employment.
• The DoD has several initiatives to assist
  transitioning members. One specific online
  program is called the TurboTAP Program.
• Under the Uniformed Service Employment and
  Re-employment Rights Act (USERRA) Members of the
  National Guard and Reserve have specific rights
  to re-employment once they return from
  deployment.

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New Post 9/11 GI Bill

• Offers certain veterans a significantly improved
  benefit over the Montgomery GI bill.
• For the first time national guard and reserve
  members are offered a benefit equal to that of
  the active duty force.
• Anyone who has served in an active duty status
  since Sept. 11, 2001 for more than 90 days is
  eligible for the benefit.
• Benefit includes tuition and stipends for both
  housing and books.

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TurboTAP

• TurboTAP is an interactive web portal that
  provides life-long support to separating military
  servicemembers (active duty, guard and reserve)
  and their families. It is a single source
  starting point for accessing key resources
  available for servicemembers transitioning out of
  the military at any point in their military
  career. Each transitioning servicemember is
  encouraged to establish a TurboTAP account within
  48 hours of attending a transition assistance
  program or as soon as they learn about this
  important resource.
• Once registered, TurboTAP is available for life.
  For more information, visit www.TurboTAP.org.

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Employer Support Of The Guard And Reserve (ESGR)

• ESGR offers great support and information for
  both servicemembers and employers.
• Programs include
• Employer recognition and support.
• Training and information resources.
• USERRA form letters.
• Boss lift a program that takes boss to see
  what their employees are doing in the military.
• Website www.ESGR.org/resources.asp.

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Where to go for further information

• www.DOD.gov
• GI Bill
• www.Military.com/education
• VA GI Bill Website www.GIBILL.va.gov
• USERRA
• www.Military.com/benefits/military-legal-matters
• Office of Special Counsel - www.osc.gov/userra.ht
  m
• http//www.dol.gov/compliance/laws/comp-userra.htm

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Additional links from July Meeting

• www.hireahero.org
• www.helmetstohardhats.com
• www.orioninternational.com