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  • Not allowed to make up hours for my civilian job

    Hi all,

    I've run into a slight problem at my civilian work and wanted to see if there was anything I could do about it?

    Right now I work as a Security Supervisor for a company which does security contracts for various commercial, government etc sites. I am contracted for 80 hrs per pay period (2 weeks). If I work more than that, then I am paid over (1.5xbase pay).

    I have a regular schedule, although since I am always scheduled to work Saturday and Sunday evenings, I never work those shifts on drill weekends. As such I drop down to 32 hrs/week for those two weeks (the work week runs from Sunday-Saturday). I have offered to work different shifts on different days for those two weeks (so I can get back up to a full 40, and collect both civilian and guard paychecks), however I have been told that it is now company policy that Supervisors are not allowed to work any extra shifts, due to our slightly higher rate. I have offered to work my alternate shifts at the pay for a non-supervisor, but have been told that that is not allowed either.

    There are LOADS of open shifts in the schedule, all over the city I work in at different sites, but the company would rather let them be unfilled (and cost them more), than let me help out and work them.

    I'm working on finding a "nice" way to resolve this with my employer, as I make slightly less at a drill weekend than I do in my civilian job (I joined the guard primarily for service than anything else) - I was wondering if any of this would fall under my employment rights since I'm now being cut hours due to my military service, and the company refuses to let me make up those hours, even at a lower pay rate?

    Thanks in advance for any help!

    P.S. I am applying to other jobs, attempting to get more of a Mon-Fri schedule so this won't be a problem, but for now I'm trying to resolve this situation.

  • #2
    Re: Not allowed to make up hours for my civilian job

    Tell them you want to look at the contract. There is no way they will let you work overtime the preceding week before drill so you can get 80?

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    • #3
      Re: Not allowed to make up hours for my civilian job

      Tell them a representative from ESGR will be contacting them shortly to discuss this. The law was created to protect you from things like this. You aren't working overtime or extra shifts, since you aren't working the full 40 hours. ESGR will ensure your company knows the rules or will suffer the consequences of a lawsuit..

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      • #4
        Re: Not allowed to make up hours for my civilian job

        I actually just checked the ESGR website and it looks like you are out of luck.

        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.

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        • #5
          Re: Not allowed to make up hours for my civilian job

          Originally posted by RSP NCO View Post
          I actually just checked the ESGR website and it looks like you are out of luck.
          Hm, that's actually very surprising. But, I stand corrected. Just try begging and pleading? lol

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          • #6
            Re: Not allowed to make up hours for my civilian job

            Originally posted by EOrsini View Post
            Hm, that's actually very surprising. But, I stand corrected. Just try begging and pleading? lol
            Yeah...that one took me by surprise as well. I went to the site to try to find him some ammunition and instead found the ammo for the company

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            • #7
              Re: Not allowed to make up hours for my civilian job

              Once in a blue moon, the limitations of USERRA come out. I think another major one is that although an employer has to keep your job...they can relocate that job somewhere else, and even if it inconveniences you greatly..you're screwed.

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              • #8
                Re: Not allowed to make up hours for my civilian job

                Originally posted by SteveLord View Post
                Once in a blue moon, the limitations of USERRA come out. I think another major one is that although an employer has to keep your job...they can relocate that job somewhere else, and even if it inconveniences you greatly..you're screwed.
                Yea, I'm printing it all out now because I'm in the process of getting a new job currently, but then am leaving for the Cpt Career Course in July so I gota get my rules in order! But supposedly the company is very good as told by other employees, so I'm praying I don't have to worry about it

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                • #9
                  Re: Not allowed to make up hours for my civilian job

                  Thanks for the advice and info! Too bad I this isn't something covered under USERRA - but I'm going to talk to one of the company VP's I know who is a Lt Colonel in the Army Reserves and very pro-military, and am also talking to the State Honor Guard about getting on with them so I can make up the extra $'s.

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                  • #10
                    Re: Not allowed to make up hours for my civilian job

                    If your company has a Human Resources department; make an appointment and discuss your situation. Also, appears that you are an hourly wage employee so that is why you are affected by not getting more hours. I know managers that work at a supermarket that have to work 50 hours to get their fixed salary so their drill situation does not interfere with their schedule. Meaning they have more flexibility with their scheduling.

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                    • #11
                      Re: Not allowed to make up hours for my civilian job

                      Agreed. See if they can you can reach a compromise on something.

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