Posted on Jan 8, 2016
SGT Squad Leader
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Wondering if there are any laws protecting a national guard or reservist soldier from civilian employers regarding night shift workers. For example, I am working right now, and do not get off till 3 am. I have drill in the morning at 7am. My unit is 3 hours away, and I still have to shower shave and get ready. Taking all my sleep and still barely making it on time, wondering if something protects me so I can go home at midnight.
Posted in these groups: 176th CSSBArmy national guard logo Army National GuardEsgr logo ESGR
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SSG Intelligence Advisor
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Sadly, I think not man. Soldier who gives me a ride to our unit, which is only an hour away, (that's actually half the state away) works all night before getting home, dressing, and then picking me up on his way to the unit. Don't think there's a regulation for it. Maybe the requirement for 8 hours of rest before a "shift". But I doubt that applies.
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SSG Uh 60 Crewchief
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Please see some of the other comments. There isn't a regulation there is a law. I'm not sure I'd feel safe getting into a car with someone who hasn't gotten a lot of sleep either. Nor should that person be allowed to perform any duties without proper rest.
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SSG Intelligence Advisor
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Although it's a new day and age, and everyone seems to be a bit apprehensive about some details on human existance, I for one know I never take a risk doin anything I do. So, in stating that, not everything said by our military leaders and advisors is absolutely correct, but a mere fail safe to, for lack of a better term, cover their own ass, or in this case, collective asses. The soldier I spoke about in my initial post has been in since 2004. He's been to Iraq (2008) and know ls a sleepless night or 2. Concerning our little drives on Saturday (or Friday) mornings at the beginning of each month, this soldiers resiliency in a lack of sleep state knows no bounds. I used to when I toured Korea in 2010-2011.
Even in his state while on these drives, I'd trust him with my life (in these such cases I do anyway) and have actually never doubted his ability to drive and have the capacity to do such a thing while having worked the night before.
I appreciate the concern, but with some human beings, it is a drive to see the mission through than ever fail yourself or others. He and I are such human beings.
Now, there's a law against such horrendous conditions? That's fine, but when it comes to keeping your lively hood and a constant check in the bank, even on that extra night before drill, to him is worth it and has been since he acquired that particular job.
As to performing his duties after arrival to our unit after so many hours without sleep? This soldier is the best of his shop and will continue being the top until he ETS's. He's an awesome mentor and has an amazing reputation for being a leader, follower and soldier through our battalion.
A blanket law, that covers the asses of our leaders, is in good intentions, and, furthermore, protects a good deal of military folk through the world. But that law does not protect against that one day of missing work whichwill result in almost $120 loss off either of our checks.
Although that seems like an insignificant number, I assure you, especially in his case, that's a very valuable piece of meat, so to speak.
I would never put myself at risk for money, but when the risk is non existant, I don't see the problem. If it were apparent that he was not in any condition to drive, I as an NCO and as his friend would do my due diligence and recommend i drive or that he stay home for this drill until he feels "up to snuff". After notifying his leadership of course.
With all that said, I do believe, in these rare cases, that the law does protect one thing but harm another and that since some believe my actions reckless, I am entitled to my decisions, and the ability to ascertain the risks affecting my health, body and soul, and should be given the right to make such decisions without being criticized for them.
If I'm being offensive, I do apologize, that is not the intention. I merely want to grant you access into my perspective as you did so yourself, though, not in so many words.
I do appreciate your concern, SGT, but believe me, the situation is not as serious as others I have encountered.
Enjoy your Monday.
Peace
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CMSgt Senior Enlisted Leader
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>1 y
Tell your buddy about USERRA. He can surely benefit from some much deserved and legal rest before UTA.
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SSG Intelligence Advisor
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I shall Chief. Thank you very much.
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SSG Benny Stewart
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Edited >1 y ago
Worked at Kroger night shift and I think there is but to be sure talk to your first/SGT or Read ness NCO I've done that too many times to count. but when I talked to my first SGT it began to change for me. { all ways now that 1second after mid night you are on drill states }
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SGT(P) Human Resources Specialist
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Definitely contact your ESGR rep. Also, make your CoC aware of the situation. You are protected by USERRA. Make sure that you are doing your part as well and letting your employer know in advance about upcoming training.
Here is an email address for USERRA/ESGR: [login to see] . I suggest contacting them about your situation.
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SGT Production Supervisor
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You need to look up USSERA. Most employers actually mention it and military leave in their handbook. It states that you must be given time for travel plus eight hours of rest to be fit for duty. I would recommend giving your drill schedule to your HR manager or immediate supervisor and inform them of your rights as respectful as possible. Your unit should be able to advise you and assist if needed. Know your rights, but don't burn any bridges at the same time.
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PV2 Thomas Rush
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The best initial approach would be to request recovery time from your CO during the late shift in order to avoid the unsafe conditions brought on by excessive loss of sleep. Hopefully your CO won't find any reason to disregard your request, therefore saving both of you the time it would take to make it a legal matter. In the meantime, you may want to find housing that is much closer to your current post, or try to complete your assigned taskings within the time that meets the needed expectations of your CO, if possible.
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SPC Welder/Fabricator
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Same boat SGT I live in Kentucky and drill in Illinois..4 hours driving.

If I'm correct according to USERRA you are supposed to have 8 hours of rest before drill so if I was you I would tactfully and politely let your supervisor know.

Hopefully he/she is understanding and no further action need to be taken. Good luck
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1LT Government Services Consultant
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http://www.justice.gov/sites/default/files/crt/legacy/2011/03/23/scratext.pdf you'll find laws for a number of issues. However, their interpretation is sometimes at the granular level vague and as such open to interpretation :)
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