The high case resolution rate, according to vice chairman and ombudsman service director David Sablan Jr., is possible when employers know what is expected of them when they have employees who are servicemembers.
In last Friday’s “Lunch with the Boss” briefing at the Laolao Bay Golf Resort, vice chairman and ombudsman service director David Sablan Jr. told employers that USERRA protects the rights of the servicemembers and prohibits discrimination against those who serve or have served in the military.
He said USERRA applies to federal, state, local governments and private employers regardless of company size.
To be covered by USERRA one must comply with the six gates of eligibility criteria which include being a servicemember who is also an employee.
Before he leaves for military service, he must give prior notice to the employer.
Sablan said a verbal notice is accepted, but a written notice is better.
The Department of Defense, he added, strongly encourages advance notices so employers can prepare.
The servicemember has no right to reemployment after punitive discharge or if he has not been honorably discharged.
A servicemember should also notify the employer when he will return to work.
Sablan said servicemembers are entitled to prompt reinstatement to their jobs immediately as soon as they report from work if the service was 30 days or less. If they have been on service for more than 30 days, they should be reinstated not more than 14 days.
“Employers cannot make servicemembers wait for a vacancy, budget approval, or any other paperwork required. They must be reinstated to their previous jobs, or promoted if all the other employees in the servicemember’s level have been promoted,” Sablan said.
He urges employers to seek assistance from the Employer Support of the Guard and Reserve.
“We also conduct similar briefings for servicemembers,” he said.
Sablan said on Guam and the CNMI, they have given briefings to over 3,000 servicemembers about their rights, privileges and what their responsibilities to their employers are.
For more information, visit www.esgr.mil.
