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Will my employer let me leave for basic?

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  • Will my employer let me leave for basic?

    I currently am working a full time job and am the main provider for my family. I am seriously considering joining the Guard reserves. Is there any law stating employers must allow there employees to leave for basic and still have there job when they get back?

    -Incognito

  • #2
    Re: Will my employer let me leave for basic?

    Yes. And it is by law. Look up USERRA.


    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 can also contact the ESGR for any questions.
    http://www.esgr.org/site/Contact.aspx

    Comment


    • #3
      Re: Will my employer let me leave for basic?

      you should visit esgr.org for more info. your employer will let you go. give them adequate notice

      Comment


      • #4
        Re: Will my employer let me leave for basic?

        Here is a "potential" out for the employer. My employer tried to use this with me 2 years ago when i asked about our company policy.
        see below:
        1002.139 Are there any circumstances in which the pre-service employer is excused from its obligation to reemploy the employee following a period of uniformed service? What statutory defenses are available to the employer in an action or proceeding for reemployment benefits?
        top
        (a) Even if the employee is otherwise eligible for reemployment benefits, the employer is not required to reemploy him or her if the employer establishes that its circumstances have so changed as to make reemployment impossible or unreasonable. For example, an employer may be excused from reemploying the employee where there has been an intervening reduction in force that would have included that employee. The employer may not, however, refuse to reemploy the employee on the basis that another employee was hired to fill the reemployment position during the employee's absence, even if reemployment might require the termination of that replacement employee;

        (b) Even if the employee is otherwise eligible for reemployment benefits, the employer is not required to reemploy him or her if it establishes that assisting the employee in becoming qualified for reemployment would impose an undue hardship, as defined in 1002.5(n) and discussed in 1002.198, on the employer; or,

        (c) Even if the employee is otherwise eligible for reemployment benefits, the employer is not required to reemploy him or her if it establishes that the employment position vacated by the employee in order to perform service in the uniformed services was for a brief, nonrecurrent period and there was no reasonable expectation that the employment would continue indefinitely or for a significant period.

        (d) The employer defenses included in this section are affirmative ones, and the employer carries the burden to prove by a preponderance of the evidence that any one or more of these defenses is applicable.

        Comment


        • #5
          Re: Will my employer let me leave for basic?

          A reccomendation. When you get your orders to ship, make several copies. Give one to your employer and get proof that they received it. Have it signed, whitnessed, what have you. Make a copy of that one. Keep it on file so they can't just "lose" the only evidence.

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