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Showing posts with label USERRA guidelines. Show all posts
Showing posts with label USERRA guidelines. Show all posts

A great way to honor our vets? Help them get jobs!

Today is Veterans Day, one day a year set aside to honor our military veterans, past and present. With more than 40,000 U.S. troops returning from Iraq by year's end, the day takes on even more significance. We're no doubt grateful to our military men and women and all they sacrifice to preserve our nation's freedom.

And how do we express that gratitude? After the parades, the standing ovations and even the free meals at certain restaurants (including Applebee's, Chili's, Outback Steakhouse and Subway), what can we do to thank our veterans for their courageous service?

If you're an employer, the answer may be to provide as many job opportunities to our veterans as you do our civilians. I know this is tricky because the economy is lousy and many businesses have frozen their hiring, but this isn't the case across the board.

In fact, a new CareerBuilder survey found that one in five (20 percent) employers are actively recruiting U.S. veterans over the next 12 months, while 14 percent are recruiting members of the National Guard.

Keep in mind this is different from employers who are legally obligated to reemploy soldiers returning from military leave. As we've discussed in this blog, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides certain rights to members of the uniformed services, such as reinstating employees upon completion of service.

When it comes to new hiring this year and into 2012, the areas where employers from the CareerBuilder survey plan to focus their attention are: 

    Information Technology -- 36 percent
    Customer Service -- 28 percent
    Engineering -- 25 percent
    Sales -- 22 percent


“The survey shows that employers recognize the unique value military experience can bring ..." said Brent Rasmussen, president of CareerBuilder North America.

Not to say that veterans won't face the same challenges securing a job as everyone else. According to the Bureau of Labor Statistics, the unemployment rate among vets who served in the Middle East since 9/11 was 12.1 percent this October, compared to 9 percent for the overall workforce.

“I don’t think it’s overt discrimination," says Chad Storlie, author of “Combat Leader to Corporate Leader: 20 Lessons to Advance Your Civilian Career, "but HR departments and hiring managers are being very picky today. He adds: "They want the best person that makes them feel comfortable; that’s why vets have to show everything in their background and how that will help them be successful.”

In addition to figuring out how to translate their military experiences into compelling skills for today's job market, veterans might consider where they live. A study commissioned by financial firm USAA and Military.com identified the “Best Places for Military Retirement: Second Careers.” The best town for vets went to Oklahoma City, Okla. After that, it was:

    Norfolk, Va.
    Richmond, Va.
    Austin, Texas
    San Antonio, Texas
    Madison, Wis.
    Philadelphia, Pa.
    Raleigh, N.C.
    Omaha, Neb.
    Manchester, N.H.


Short of packing their bags and moving to a a new town, however, HR experts recommend that vets focus on who they are and what they want to do, aggressively network (especially with ex-military personnel) and when possible, start reaching out to potential employers before they leave the military.
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Returning soldiers shouldn't have to fight for their USERRA rights

This past summer, President Obama announced that he will pull 10,000 troops from Afghanistan by the end of this year. And now, he is declaring that virtually all U.S. troops (approximately 39,000) will be returning from Irag by year's end, too.

“After nearly nine years, America’s war in Iraq will be over,” Obama said. “The coming months will be a season of homecomings. Our troops in Iraq will definitely be home for the holidays.”

Home for the holidays ... and re-entering the workforce. With thousands of veterans stepping back into the work world, employers need to ready themselves for the impact this activity will have on their business.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the primary federal law that provides employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard. You can read more about USERRA here, but the main points to remember are:

=> USERRA requires employers to reinstate employees upon completion of service

=> USERRA prohibits employers from discriminating against employees in regard to hiring, firing, promotion, training or any other terms of employment based on past, present or future military service.

=> When a service member returns from active duty of five years or less, that individual is entitled to any increases in seniority, promotions, pay and benefits that would have been received had he or she never left -- a legal concept known as the “escalator principle”

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Drawdown in Afghanistan: Are you ready for soldiers returning to work?

With Obama announcing that he will pull 10,000 troops from Afghanistan by December 2011 (and another 23,000 by the end of next summer), it's time to get up to date on USERRA.

If this makes you cringe a little, you're not alone. USERRA requirements are tricky for many employers.  In fact, a 2010 poll conducted by the Society for Human Resource Management (SHRM) revealed that only 9 percent of respondents were “extremely familiar” with USERRA, while 52 percent claimed to be “somewhat familiar” and an alarming 39 percent of respondents claimed to be unfamiliar with the law.

No more excuses! Only if you're thoroughly debriefed on the details of the law can you be certain you're giving returning soldiers every advantage in the workplace.

The rights of employed military members

USERRA is the primary federal law that provides employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard. It prohibits employers from discriminating against employees in regard to hiring, firing, promotion, training or any other terms of employment based on past, present or future military service. The law:

•    Applies to all employers, regardless of size
•    Covers anyone in federal uniformed services, including full-time, part-time, temporary, probationary and seasonal workers on active duty, reserve duty, or in training
•    Also protects intermittent disaster response personnel

At its core, USERRA requires that you give employees a military leave of absence of up to five years. Employees who take a military leave of absence are entitled to accrue benefits based on seniority, to pay for continued health care coverage, and to participate in insurance and other benefits not based on seniority. 

To be eligible for reinstatement, the returning veteran must notify you that he or she intends to return once military service is completed. The amount of time the veteran has to contact you regarding reemployment depends on the length of service:

•    For service less than 31 days, the individual must return at the beginning of the next regularly scheduled work period on the first full day after release from service (taking into account safe travel home plus an eight-hour rest period)
•    For service more than 30 days but less than 181 days, the individual must submit an application for reemployment within 14 days of release from service
•    For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service

The escalator principle

Remember: When a service member returns from active duty of five years or less, that individual is entitled to any increases in seniority, promotions, pay and benefits that would have been received had he or she never left – a legal concept known as the “escalator principle.” USERRA also requires that you provide any training or retraining necessary to enable returning service members to refresh their skills, thus allowing them to qualify for reemployment.

USERRA also provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. Service members recovering from injuries received during service or training are allowed up to two years from the time they completed service to return to their jobs or apply for reemployment.
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