Guard & Reserve – Assistance for You and Your Employer

Step-by-Step Guide to Employment: Guard and Reserve – Assistance for You and Your Employer

After you find your post-military job, you might wonder how being a Guard or Reserve member will fit into your civilian career. What are your responsibilities and what are your employer’s responsibilities? What assistance is there out there for both of you?

The good news is that ESGR, also known as Employer Support of the Guard and Reserve, is there to help.

ESGR is a Department of Defense office started in 1972 to promote cooperation and understanding between service members in the Reserve Component of the military and their civilian employers. They have partnered with the Department of Labor to offer FAQs concerning the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects the civilian employment of active and reserve military personnel in the United States when called to active duty.

Is there protection from discrimination?

According to USERRA, an employee must not deny an individual initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of their military service.

Other protections exist against an employer retaliating against you because of your service. So yes, within the USERRA, there are many protections against being discriminated against because of your military service.

What must I do as an employee to be eligible for these protections under USERRA?

As an employee, give your employer as much advance notice as possible for your drill and other service dates. Give your employer your drill schedule when it comes out and update them on any changes as you receive them.

You also need to return to your job from military service promptly. USERRA has some guidelines for this. If you are gone between 1 and 30 days, you need to return to work the next scheduled day after your service ends.

That means you should be at work Monday morning if you get back on a Sunday night. If you are gone between 31-180 days, you will have 14 days after you return, and with 181+ days, you would have 90 days to return to work. This will give you time after a longer period of service.

Can employers contact your chain of command?

Yes, military departments are required to verify periods of service if an employer requests that information. Employers can and do reach out to your chain of command under USERRA.

Is there a limit to how long I could be away for military service?

Yes, there is a length of time you can be away for military service and still retain your reemployment rights. You have up to five cumulative years of military service. Now, there are some exceptions to this rule. For example, if you as the employee cannot obtain orders releasing you from service before the expiration date of the five years, and there is nothing you can do about it, that could qualify for an exception.

Does USERRA cover independent contractors?

Unfortunately, USERRA does not cover independent contractors. If you are one, you would need to make sure you can work something out with the company you are currently working for.

On the ESGR page, you can also find sample letters to tell your employer about upcoming military service, checklists, and everything you need to know about USERRA and what that means for you in your civilian job.

Employers can also use ESGR as they have resources such as an Employer Resource Guide to help understand the law and what USERRA entails.