Wed, 8 Dec 2004 06:21:22 -0800 (PST)
From: "OHIO PROGRESSIVE VETERANS - POLITICAL ACTION COMMITTEE"
Subject: Reemployment Rights for National Guard and Reservists Updated
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Reemployment Rights Rules for National Guard and Reserves Updated

IN AN EFFORT TO "ATTEMPT" TO GET INFO OUT TO NATIONAL GUARD TROOPS AND FAMILIES THAT THEY CAN USE INSTEAD OF THE CONSTANT BARRAGE OF "BAD NEWS" FROM BOTH LEFT AND RIGHT-WING MEDIA, I'VE SENT THIS ANNOUNCEMENT TO AS MANY MAINSTREAM MEDIA OUTLETS AS I COULD THINK OF. BUT WE ALL KNOW NONE OF THEM DEEM THIS AS NEWS WORTHY.

AS TOM BAMMO WOULD SAY = THIS IS HOW AMERICA OR AT LEAST "THE MEDIA" SUPPORTS THE TROOPS GET REAL! IF IT DOESN'T RAISE RATINGS OR SELL NEWSPAPERS - IT AIN'T NEWS!

Responding to concerns about the rising number of reemployment rights claims from returning Guard and Reserve combat Veterans, the Department of Labor’s Veterans Employment and Training Service has published new rules to explain the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA protects the rights of workers who leave their civilian jobs for military service and bars employers from discriminating against them because of their military service or obligations. The law protects both voluntary and involuntary military service.

Under the proposed regulations, employers would be required to restore the pay, seniority rights, and other benefits as if the reservist employees had never left the workplace for military duty.

The new rules are presented in a user-friendly, plain-language style in a question-and-answer format. The introduction section cites several important case law examples to help users interpret how the law is to be applied.

The Military Officers Association of America (MOAA), representing retired, active duty, Guard and Reserve officers testified in July on USERRA and urged prompt publication of implementing regulations as a resource for reservists and employers alike. MOAA noted that the employment environment has changed even since the first Gulf War, and returning Guard and Reserve veterans need proper information and support to protect their reemployment rights.

General reemployment rights information and support services for National Guard and Reserve servicemembers and their employers are available on the Employer Support section of the Guard and Reserve Web site at www.esgr.org.

The new reemployment rights rules can be accessed via MOAA’s Web Base, www.MOAA.org/legislative/reserve/.

FOR ANYONE WHO IS NOT AN OFFICER OR DOESN'T FEEL COMFORTABLE USING THE MOAA WEBSITE THEN (ONE DOES NOT HAVE TO BE A MILITARY OFFICER OR EVEN A VETERAN OR MEMBER OF THE MILITARY TO USE THE MOAA WEBSITE)

The pdf file from the Department of Labor published in September 2004 is at: http://www.moaa.org/Legislative/Reserve/USERRA_Regs.pdf

Good Post Armydad - for sure! Remember seeing this site that adds to your post Bro' . Troops encounter trouble returning to work

Aug 17 - National Guard and Reserve troops returning from war in Iraq and Afghanistan are facing increased difficulty getting their old jobs and benefits back. Despite a 1994 law requiring employers to provide Guard and Reserve troops with their old jobs or the equivalent, thousands of troops report encountering problems.

Some employers are also refusing to grant scheduled raises or provide the same benefits to returning troops, in violation of the Uniformed Services Employment and Reemployment Rights Act.

While some workers found their employers had eliminated their jobs, other workers, like Jerry Chambers of Oberlin, Kansas, who worked as a substance abuse prevention consultant, found their jobs eliminated after budget cuts. Others, like Larry Gill, a police officer in Thomasville, Alabama who was injured by a grenade, are unable to return to their old jobs because of war-related injuries.

The Labor Department opened over 1,300 cases in 2003 alone to investigate individual complaints brought by soldiers. The department projects about 1,400 cases for 2004, up from 900 in the year before September 11, 2001. http://newstandardnews.net/content/?action...item&itemid=835 - SOS Bro', this is what our Nation and the SHRUB calls - "SUPPRTING THE TROOP" !

Thanks the for post Army Dad; We just did all our annual briefs this past drill and had some detailed discussion on the topic.

1. Company's all have nice policies in place to cover their a$$. The discrimination often comes from the direct supervisor that feels the pain on the department P&L when your out.

Document everything, if you think there will be trouble have a couple of co workers watch your back while you're away.

2. If you are looking for work having the Army Reserve or National Guard on your resume... is the equivalent of having Prisioner or Arsonist on it.

Don't tell them until after they have committed.

3. Disability Insurance is not available for Activated Reservists; however

If you are disabled and unable to perform your normal occupation the employer does have to offer you work that you can perform and keep the same seniority and pay.

4. If you are self employed; your in a tough spot.

Find someone to watch the store while you are away and perform duties that must be accomplished to sustain the business. Have a plan in place for mobilization and demobilization.