You have rights Published Aug. 28, 2009 By Master Sgt. Angela D. Ash Employer Support of the Guard and Reserve, Southern Nevada Executive Director LAS VEGAS, Nev. -- When I first joined the guard in March of 1996 I didn't know what Employer Support of the Guard and Reserve was or if there was ESGR representation on our base. I didn't know I had rights as a reservist, or what those rights were. I was told by my civilian employer that I had to use my vacation days to do my two weeks annual training for my unit. I didn't know this was unlawful according to the Uniformed Services Employment and Reemployments Rights Act. I used my vacation days from that civilian employer until I became an Active Guard Reservist for the 152nd Support Group. I didn't know what a service member's rights or responsibilities to their employers were until I got involved in ESGR. So what is the USERRA? As stated on the ESGR website: "The Uniformed Services Employment and Reemployment Rights Act of 1994 was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute. The Act itself can be found in the United States Code at Chapter 43, Part III, Title 38." "USERRA is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country's uniformed services. USERRA makes major improvements in protecting service member rights and benefits by clarifying the law and improving enforcement mechanisms. It also provides employees with Department of Labor assistance in processing claims." "Specifically, USERRA expands the cumulative length of time that an individual may be absent from work for uniformed services duty and retain reemployment rights." Therefore, service members need to know: · USERRA applies to all public and private employers in the United States, regardless of size. It also applies in overseas workplaces that are owned or controlled by U.S. employers. · Full-time, part-time and probationary employees are covered by USERRA. · Employees must be granted a leave of absence to perform military service. · USERRA's definition of "service in the uniformed services" covers all categories of military training and service, including duty performed on a voluntary or involuntary basis, in time of peace or war. · The employer must promptly reemploy the service member. "Promptly" means within days, not months. Generally the reemployment position should be the one the person would have attained had he or she remained continuously employed during the period of military service. · USERRA prohibits all employers from discriminating against any veterans, reservists, or National Guard members because of his or her past, present or future military obligation. The law also requires that employers provide reemployment rights after a period of active duty or training. Service members' responsibilities include: · Providing advance notice to employers of deployments, drills and schools--written or verbal · Having less than five years cumulative absence · Serving under honorable conditions · Returning in a timely manner to their civilian job using the following guidelines: o If absent from civilian workplace 30 days or less, report the next work day (safe travel plus eight hours after drills) o If absent 31 to 180 days, apply within 14 days after completion of service o If absent more than 180 days, apply within 90 days after completion of service If you think your rights have been violated, contact your state director of veterans' employment and training at www.esgr.mil. If you have questions about your civilian employer's policies, please ask for help. ESGR representatives are available to answer questions for Reserve members and their civilian employers. Remember we are advocates of USERRA, and like you your employers are encouraged to contact ESGR for information at 1-800-336-4590 or the website above.