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My work shift is from 2200 - 0600 , Tues - Sun. I work Nearly 30 mins with traffic from my home and from home to my duty station is 1 hr and 21 mins - 1 hr and 50 mins. My question is am I and how am I protected under USERRA if I won't get home til 0630, get ready for drill and make it there around 0730 or close to formation which is 0800 all while having lack of sleep?
NGB
ESGR
Posted 7 y ago
Responses: 14
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Here in Oklahoma, I'm not sure how things will translate over to you, but here, I let them know when I get my drill schedule for the year. They give me the day prior to drill off to allow for sleep and etc, as well as drill it self. Just tell your employer that you would like the day before drill off. I had an employer that had issues with it, but I told his boss and it was straightened out. You should be able to do the same.
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USERRA is federal law so any state law pertaining to your situation is null. Also, your employer CANNOT force you to use any personal time, sick days, etc nor subject you to face penalties (a point system) for missing days for military service.
Refer to the following below:
*1002.74 regarding a leave of absence
*1002.85-1002.87 regarding notification (addresses permission not required)
* [login to see] .153 regarding a period of service (also addresses use of vacation time)
Reference: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=b3380ad7c0fc4d8b54acc41fba3840b0&rgn=div5&view=text&node=20:4.0.5.3.2&idno=20
Refer to the following below:
*1002.74 regarding a leave of absence
*1002.85-1002.87 regarding notification (addresses permission not required)
* [login to see] .153 regarding a period of service (also addresses use of vacation time)
Reference: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=b3380ad7c0fc4d8b54acc41fba3840b0&rgn=div5&view=text&node=20:4.0.5.3.2&idno=20
eCFR — Code of Federal Regulations
us government publishing office
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