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Definition of "active duty"

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  • Definition of "active duty"

    Okay, so I finally asked my employer about the company's military pay policy. While I'm not in it for the money, my wife depends on me for financial support so I still have bills to pay when I do sign up and leave for training.

    Their answer is: If you are called to "active duty" and not able to work your current position (because you are overseas, not based in the area, etc.) we will pay you for 6 months of your average hours...blah blah.

    I live in Texas. Can a company define what qualifies as "active duty", or is that a definition they get from the state/federal government? In other words, can they define it as being deployed on a state/federal mission, or would the definition of "active duty" cover BCT/AIT?

    Of course, I already have to get more clarification from my boss since they did not specify whether that 6 months is total cumulative, per year, per time "active duty", etc. I think I may be the first one from my company to do something like this so they may just now be coming up with a policy to cover it. =)

    Please offer answers/insight if you're KNOWLEDGEABLE about this. Don't take wild guesses when it comes to legal mumbo jumbo =)

  • #2
    If you do sign up you will get active duty orders and it will say active duty. any time you are going to train for longer than 2 weeks it is concidered active duty. some employers don't pay you while you are on active duty. if fact most don't. they don't have to pay you while you are gone. but they do have to give you your position back and give you any raises you were entitled to while gone and that is the law as long as you DO NOT QUIT you job. Just give them a copy of your orders. Most of the time you will get paid more while in basic and AIT than you would at your current job. take care. I hope this answers your questions


    • #3
      The HR people in these companies often don't know the difference between "active duty" for training and "active duty" for mobilization, and trying to explain it to them will accomplish nothing. Your orders for both types of missions will state, "You have been ordered to active duty," so perhaps you shouldn't confuse the issue by drawing a distinction between training and operations.

      Since the company is doing this out of the goodness of their heart, and has no obligation to do so, they are welcome to define their policy however they please. Thus, if they deny benefits for training periods, you really can't complain too loudly.


      • #4
        Active duty is you haveing orders for such for more than 30 days by most employers standards, ESAR i believe defines AD for periods greater than 90 days


        • #5
          Thanks everyone for the insight.


          • #6
            It is irrelevant how your company defines "active duty". In fact, they're under no legal obligation to supplement your military pay while you're called for active duty. This is something some corporations do to show their support and appreciation for the Armed Forces. However they want to define the period of time for which they're willing to give you additional benefits is entirely up to them.

            Count your blessings. Most employers do not offer these type of benefits to their employees at all. Don't confuse the issue for them with definitions. Just bring them the orders once you join and take whatever extra benefits they give you. They're under no obligation to give you anything.


            • #7
              Any time you are on orders it will say "ADSW" (active duty special work) "TDY"(temporary Duty) usually under 14 days "ADT" Active Duty for training. Your orders will be specific, however you may have to educate your employer