Military Service Requirement Support

ESGR helps Service members, employers, and members of the military chain of command understand each other’s rights and responsibilities.

Employers regularly contact ESGR seeking information regarding an employee’s military service requirement. Below are three concerns often expressed by employers. ESGR coordinates with the Military Departments and Reserve Components in an effort to address these common employer questions.

Concerns regarding the timing, frequency, and duration of service

Today’s military service requirements often require Reserve Component members to serve more than the traditional one weekend a month and two weeks a year. When the absences of an employee start to have a negative effect on the employer, Department of Defense Instruction 1205.12 permits the employer to express their concerns over the timing, frequency and duration of the uniformed service to an appropriate military authority.  This instruction directs the Reserve Component representative to consider written requests from an employer to adjust the Service member's absences from civilian employment, unless prevented by military necessity, or it is impossible or unreasonable to do so under the circumstances.  While it is not always possible to accommodate an employer's request to adjust periods of uniformed service, this type of communication may be helpful in mitigating some service-related employment conflicts.

  • Employers are permitted to ask their employee for a point of contact to direct questions or concerns.
  • If the employee is unable or unwilling to provide a representative, employers may contact the ESGR Customer Service Center.

Questions about USERRA's 5-year service limit

Under USERRA, Service members have reemployment rights with any single employer for up to 5-cumulative years. However, USERRA provides certain exceptions to this 5-year service limit, including any period of service certified as exempt by the Service Secretary concerned. Many employers and Service members have questions about whether a period of service is considered exempt, or if it counts against the 5-year service limit. The following resources may help:

38 USC 4312: Reemployment rights of persons who serve in the uniformed services.  Section 4312(c) identifies the authorities and types of service that do not count against the 5-year limit.

The Secretaries of the Air Force, Navy, Army and Commandant of the Coast Guard have signed USERRA policy memorandums outlining which types of service are exempt from (not counted against) the 5-year cumulative limit, and what office can assist in determining if a period of service is exempted from the 5-year limit. The contact information for these offices and links to the service-specific policy memorandums are listed below: 

U.S. Army: Army Reserve

US Army USERRA policy memorandum

Contact Information:

Office of the Chief of Army Reserve, Private Public Partnership Office

6075 Goethals Road, Building 1908

Fort Belvoir, VA 22060

Email address: usarmy.usarc.ocar.mbx.p3@mail.mil

Phone: 703-806-7579

 

U.S. Army: Army National Guard

US Army USERRA policy memorandum

Contact Information: Pending

 

U.S. Air Force: Air National Guard

US Air Force USERRA policy memorandum

Contact Information:

NGB/A1PS

3500 Fetchet Avenue

Joint Base Andrews, MD 20762-5157

Email address: usaf.jbanafw.ngb-a1.mbx.a1ps@mail.mil

Phone: 240-612-8281

 

U.S. Air Force: Air Force Reserve

US Air Force USERRA policy memorandum

Contact Information:

HQ AF/REP

1050 Air Force Pentagon

Washington, DC 22202

Email address: usaf.pentagon.af-re-workflow@mail.mil

Phone: 703-614-0728

 

U.S. Navy: Navy Reserve and Marine Corps Reserve

US Navy and US Marine Corps USERRA policy memorandum

Contact Information:

Department of the Navy

ASN (M&RA)

1000 Navy Pentagon

Washington, DC 20350-1000 

 

U.S. Coast Guard: Coast Guard Reserve

US Coast Guard USERRA policy memorandum

Contact Information:

Coast Guard Personnel Service Center (CG-PSC-RPM)

2703 Martin Luther King Jr Avenue, Stop 7200

Washington, DC 20593-1000 

Email address: arl-pf-cgpsc-rpm-1-status@uscg.mil

   

Verification of military service

Under USERRA, Service members are not required to provide documentation to prove an absence was due to uniformed service, unless that service is more than 30 days.  However, per Department of Defense Instruction 1205.12, the Military Departments are required to verify periods of uniformed service upon an employer's request, regardless of duration.

For the most accurate information on a Service member’s status, employers should reach out to the employee’s military chain of command. If additional assistance is needed, please contact the ESGR Customer Service Center

ESGR does not have direct access to individuals' service records, but may be able to assist employers in finding a point of contact within an employee's military command. 


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