Reserve · civilian job

USERRA and ESGR — the civilian job is a different door

USERRA is federal reemployment and anti-discrimination law for drill, AT, and activations. DOL VETS administers it. ESGR mediates for free and does not enforce the statute. Recut from DOL.gov and ESGR.mil. I will not file it.

1. 01

   Know what USERRA actually covers

   Recut from DOL: the Uniformed Services Employment and Reemployment Rights Act covers people who leave a civilian job to perform uniformed service — active duty, active duty for training, inactive duty training (drill), initial training, and funeral honors. It requires the pre-service employer to reemploy returning service members and bars discrimination because of military service or obligation. DOL’s Veterans’ Employment and Training Service (VETS) administers the law.

2. 02

   State Active Duty has a shorter door

   Recut from DOL VETS: National Guard State Active Duty (governor’s authority, not Title 10 or Title 32 pay) is covered when it is 14 days or more, or in support of a presidential national emergency or a major Stafford Act disaster — effective 5 January 2021. Thirteen days or less of State Active Duty is generally not USERRA. Title 10 and Title 32 federal duty is covered.

3. 03

   ESGR mediates. DOL enforces. Two phones.

   Recut from ESGR.mil: Employer Support of the Guard and Reserve does not enforce USERRA. Their Customer Service Center and volunteer ombudsmen mediate — 800-336-4590, option 1. Hours live on esgr.mil. If you file with DOL VETS, ESGR will not open a mediation case. Recut from DOL: file at the VETS USERRA claim door, or call 866-487-2365, or use VETS Form 1010. Type the .gov / .mil URL yourself.