Being required to work someone else's hours who isn't on leave/vacation. Is my employer allowed to change my schedule due to a drill weekend?

2017-08-10T02:02:51-04:00

This has happened the last 2 months. I contacted ESGR and they advised me that the employer is not allowed to change my schedule. They also advised me to have a cordial conversation with my boss. This obviously has not worked, as he did it again this month.

Response by CW3 Private RallyPoint Member made Aug 10 at 2017 4:18 AM

2017-08-10T04:18:36-04:00

They are not allowed to change your schedule or otherwise treat you in a different manner because of your reserve/guard service. However, they also do not have to pay you during the time you are away on duty as well, which is why many employers will try to simply adjust your schedule so they can still pay you. Now, most government jobs (local, state, and federal), have paid military leave for such events (typically 15 or 30 days), however, many civilian employers (if not most of them) do not. That being said certain states also have laws on the book which require employers to let reservists burn other forms of leave time for military service as well... Mainly just vacation time though.

Have you spoken with your employer about this?

Response by MSgt Steven Holt, NRP, CCEMT-P made Aug 10 at 2017 12:01 PM

2017-08-10T12:01:29-04:00

SSG Private RallyPoint Member - Your employer may be attempting to adjust your schedule to make up for lost hours on your paycheck. S/he may be thinking they are doing you a favor by allowing you an opportunity to keep your full salary. My suggestion is to sit down in a non-confrontational manner with your manager and discuss your concerns. If you can't resolve the issue, then I would contact a local civilian attorney that specializes in labor and/or workplace law. They will be able to tell you if your employer is violating any State/Federal employment laws by changing your schedule around your drill obligations.

Response by MSG(P) Private RallyPoint Member made Aug 10 at 2017 3:06 PM

2017-08-10T15:06:33-04:00

SSG Greenlee,
I'm guessing your initial contact with ESGR was just an inquiry. You can contact them again and request mediation. After submitting a form online ( http://www.esgr.mil/USERRA/USERRA-Contact ) ESGR can have a local volunteer contact both you and your employer to explain to both parties what the rights and responsibilities of USERRA are in this case. Initial contact with the SM is usually within 48-72 hours. Mediation services through ESGR are informal, impartial, and best of all - free.

Employer Support of the Guard and Reserve USERRA USERRA Contact

ESGR informs and educates Service members and their civilian employers regarding their rights and responsibilities governed by the Uniformed Services Employment Reemployment Rights Act (USERRA). ESGR does not enforce USERRA, but serves as a free resource for employers and Service members.

Response by Cpl Private RallyPoint Member made Sep 29 at 2017 2:34 AM

2017-09-29T02:34:43-04:00

I gave my employer notice of my intention to join the reserve. After informing my employer of my intentions to enlist, my supervisor asked me to change shifts. I work Weds, Thurs, Fri, & every other Sat night, 6pm-6am. He asked me to change to day shift. In our conversation, he said that a previous National Guard employee worked this day shift b/c it was more conducive to weekend drill b/c I would only miss 1 day of work for drill vs possibly 2 days of work for drill. My supervisor has asked other members of my shift to change shifts as well, sighting manpower & skills gaps. I believe he is asking for a volunteer, but after a couple of emails, he has stated my intention to enlist is a factor in wanting me to change shifts & I believe I am at the top of his list. I have made it clear that I do not wish to change shifts b/c of my court ordered parent time, as it occurs on Sun, Mon, & Tues. Moving from nights to days would also result in a 15% pay decrease. While I do believe the business need exists to have someone change shifts, my supervisor is specifically targeting me b/c of my intention to enlist, despite other employees having similar skill sets. Could this situation constitute a USERRA violation?