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ESGR: Know your rights and responsibilities

  • Published
  • By 2nd Lt Joe Simms
  • 315AW Public Affairs
More than 250 flight crew members, maintenance and support personnel from the 315th Airlift Wing, Charleston Air Force Base, S.C. reported for active duty this morning in support of Operation Enduring Freedom. 

For those members taking a leave of absence from thier civilian job, this is a perfect time to review the rights reservists have when juggling civilian jobs and their military commitments.

Federal law guarantees the right for service members to take time off work to meet thier military obligations. The Uniformed Services Employment and Reemployment Rights Act takes this one step further by ensuring that no one can be discriminated against due to their military connections.

Under USERRA, any member who is activated to support contingency operations has the right to return to their previous job as though they never left. This includes continuation of seniority including pension benefits, reinstatement of health insurance and any training or retraining that is needed.

USERRA also states that any service member wishing to return to their civilian job must apply for reinstatement after the completion of their active duty orders. This can be as formal as a written letter or as simple as a phone call to your civilian boss.

Resevists whose active duty service is between 31 and 180 days must reapply within 14 days from their release from active duty. Service on active duty for longer than 180 days requires the member to reapply within 90 days of release.

Here are some other tips that will help ease the transition for you and your employer.

Talk To Your Boss
No matter what your military assignment might be, tell your employer about it. The more you share with the boss - and the earlier the better - about drill schedules, annual training plans, reemployment rights and rules, and any extra time-off requirements, the easier things will go.

How To Resolve Any Employment Issues
The first step is to use your chain of command. Inform your supervisor of any issues with your civilian employer that may impact your ability to perform your job while on orders, or when you will be released from active duty.

Reservists may also contact Employer Support of the Guard and Reserve via email at ncesgr-ombud@osd.mil if any issues should arise. The ESGR is a free resource to help the reservists and their employers know what rights and responsibilities fall under USERRA.

Reward Your Boss
Show your appreciation for supportive employers by nominating them for a Patriot Award through the ESGR. The Department of Defense will send your boss a personalized certificate with the a DoD seal embossed in gold, in appreciation of you. All you have to do is apply for it at www.esgr.mil

Other helpful websites are

www.sba.gov/vets, information for small business owners
www.tricare.osd.mil, information on TRICARE coverage
www.nmfa.org, information on military family programs
www.militaryonesource.com, on-line counseling, information and resources

Any questions or concerns regarding your rights under USERRA or ESGR issues may be directed to the 315th public affairs office at DSN 637-2036 or 315AW.PA@charleston.af.mil.