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  • Employer denying drill day(s) off

    My full time employer is giving me a hard time about approving days off for MUTA 5 and 6 drills where I need the Friday before drill off. I already provided my employer a copy of my FY 2012 drill schedule.

    The problem come in that someone else requested the same day off for vacation. My manager told me I need to work it out with that person to see if I can get the day off.

    Is there a federal code, regulation, act, etc. that specifically state the time off needs to be granted? I have looked all over and I cannot find it.

    Thank you.
    Last edited by jaydez; January 30th, 2012, 12:50 PM. Reason: add subscription

  • #2
    Re: Employer denying drill day(s) off

    USERRA. Nobody's ever told you about it?


    Specifically about the Guard/Reserve.
    http://www.esgr.org/files/factsheet/FactSheet_QA_FS.pdf

    3. Can an employer refuse to allow an employee to attend scheduled drills or annual training?
    No. Employees must be excused from work to attend inactive duty training (drill) or annual training and the employer must reemploy the employee as if he or she has not been absent.

    12. Can an employee be required to find someone to cover his or her work period when military duty interrupts the work schedule?
    No, an employee is responsible for notification but not for altering the work schedule or finding a replacement.

    13. Does an employee have the right to make up periods of work missed due to drill or military leave of absence?
    No. An employer may choose to offer an employee the opportunity to work hours missed as a benefit not provided under the USERRA. For example, an employer is not required to provide hours of work for an average 2-week, 80-hour period if part of that period is missed due to military service.
    Last edited by SteveLord; January 30th, 2012, 01:57 PM.

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    • #3
      Re: Employer denying drill day(s) off

      Originally posted by SteveLord View Post
      USERRA. Nobody's ever told you about it?

      Specifically about the Guard/Reserve.
      http://www.esgr.org/files/factsheet/FactSheet_QA_FS.pdf

      3. Can an employer refuse to allow an employee to attend scheduled drills or annual training?
      No. Employees must be excused from work to attend inactive duty training (drill) or annual training and the employer must reemploy the employee as if he or she has not been absent.

      12. Can an employee be required to find someone to cover his or her work period when military duty interrupts the work schedule?
      No, an employee is responsible for notification but not for altering the work schedule or finding a replacement.

      13. Does an employee have the right to make up periods of work missed due to drill or military leave of absence?
      No. An employer may choose to offer an employee the opportunity to work hours missed as a benefit not provided under the USERRA. For example, an employer is not required to provide hours of work for an average 2-week, 80-hour period if part of that period is missed due to military service.
      You beat me to it.

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      • #4
        Re: Employer denying drill day(s) off

        Yes, federal employment law protects you, and the earlier post gave the reference. Nevertheless, I would recommend going to great lengths to avoid "going there" if at all possible. I recommend doing what the boss said, and trying to work something out on your own. I would even ask your chain of command for some flexibility on drill. Use of the law should be the last resort. Nevertheless, do provide your boss a copy of the law, as you tell him that you will go to every length you can to avoid a conflict. Then go on www.esgr.com and submit him for the "Patriot Award." It costs you nothing, and getting some recognition may make him less hostile. A little cheese can make a difference.

        Your ideal situation is to have your employer as your supporter, not your opponent. He's got a legitimate concern, try to work from his perspective as well as your own. Best wishes.

        Comment


        • #5
          Re: Employer denying drill day(s) off

          Indeed. There are also hotlines for ESGR and USERRA for seeking guidance if you want to talk to someone. And though I can't speak for commanders out there, but I guarantee you these situations happen from time to time where a soldier plays a critical role in their employer's workforce and they come to an agreement with their commander to make up part, if not all of the drill. As LTC Ritchie said...be tactical and honest about the whole thing with both parties.

          As a government employee, our office is required by law to have USERRA posted. My supervisor got an Patriot Award for Christmas from me last year, along with one for the office itself that is posted for visitors to see when they come in. There's 6 out of the 22 of us that are prior service.
          Last edited by SteveLord; January 30th, 2012, 05:50 PM.

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          • #6
            Re: Employer denying drill day(s) off

            Thank you all for your help. The link to the ESGR factsheet was exactly what I was looking for. I know not to make a case of it yet. Most if this has to do with bad management in the office. I just needed some information to steer my manager in the right direction. I have been in the guard for 2 years now and this was the first time that getting time off for drill was an issue. My old manager knew what needed to be done and knew the laws.

            again, thanks!

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            • #7
              Re: Employer denying drill day(s) off

              Does your copy of your drill schedule has a POC on it? My PSG in the Guard provided it on those notices and employers could contact them if needed.

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