Can I take leave before deployment?

CPL Private RallyPoint Member — Mon, 17 Feb 2020 12:49:31 -0500

I am in the Iowa National Guard. I have one week off between BLC and my upcoming deployment and I am scheduled to work my civilian job every single day. Is there some type of leave that covers the time before deployment?

Response by SFC Private RallyPoint Member made Feb 17 at 2020 1:03 PM

SFC Private RallyPoint Member — Mon, 17 Feb 2020 13:03:56 -0500

Leave is a military thing. Unless your civilian employment is a government job, your civilian job has their own leave policies.

Response by Sgt Private RallyPoint Member made Feb 17 at 2020 1:04 PM

Sgt Private RallyPoint Member — Mon, 17 Feb 2020 13:04:50 -0500

Have you asked your civilian employer for vacation time and been refused? What is your vacation or time off policy at work? You need to talk to your HR department.

Response by SGT Private RallyPoint Member made Feb 17 at 2020 1:12 PM

SGT Private RallyPoint Member — Mon, 17 Feb 2020 13:12:28 -0500

Talk with your employer about having that time off - most of the time they are receptive and will understand as long as you aren’t an ass about it.

Response by MAJ Ken Landgren made Feb 17 at 2020 2:29 PM

MAJ Ken Landgren — Mon, 17 Feb 2020 14:29:36 -0500

You are barking up the wrong tree if you are seeking leave from your civilian employment.

Response by SSG Private RallyPoint Member made Feb 17 at 2020 3:16 PM

SSG Private RallyPoint Member — Mon, 17 Feb 2020 15:16:47 -0500

First I am not totally sure as to what you mean, leave from the N.G. or your employer. If it is your employer, all the N.G. has to do is put you on orders. If it is from the N.G. it depends are they willing to work with you. I was cross leveled out of my unit to a unit 600 miles away, and they wanted to cut me orders to come up to W.V. but I had to train my replacement. So that unit worked with me, allowing me to work one week and come up on Thursday, Friday, Saturday and drive home on Sunday. Until I had my replacement up to par.

Response by SSG Brian G. made Feb 17 at 2020 4:03 PM

SSG Brian G. — Mon, 17 Feb 2020 16:03:50 -0500

Military has zero control over that. That is between you and your employer strictly.

Response by Landrew Usoalii S. made Feb 17 at 2020 7:42 PM

Landrew Usoalii S. — Mon, 17 Feb 2020 19:42:56 -0500

Depends if you are on Title 10 and are already activated, your unit will allow you to take leave before deployment. But if you are just a civil then you have to compromise with your civil job.

Response by 1SG Private RallyPoint Member made Feb 18 at 2020 12:32 AM

1SG Private RallyPoint Member — Tue, 18 Feb 2020 00:32:42 -0500

Paragraph b of this portion of the USERRA seems to indicate that there is some presidence for using the act to justify taking some leave prior to a long term of service. But it is not very set in stone. I suggest talking to your local ESGR rep for more guidance with this matter.

1002.74 Must the employee begin service in the uniformed services immediately after leaving his or her employment position in order to have USERRA reemployment rights?
No. At a minimum, an employee must have enough time after leaving the employment position to travel safely to the uniformed service site and arrive fit to perform the service. Depending on the specific circumstances, including the duration of service, the amount of notice received, and the location of the service, additional time to rest, or to arrange affairs and report to duty, may be necessitated by reason of service in the uniformed services. The following examples help to explain the issue of the period of time between leaving civilian employment and beginning of service in the uniformed services:
(a) If the employee performs a full overnight shift for the civilian employer and travels directly from the work site to perform a full day of uniformed service, the employee would not be considered fit to perform the uniformed service. An absence from that work shift is necessitated so that the employee can report for uniformed service fit for duty.
(b) If the employee is ordered to perform an extended period of service in the uniformed services, he or she may require a reasonable period of time off from the civilian job to put his or her personal affairs in order, before beginning the service. Taking such time off is also necessitated by the uniformed service.
(c) If the employee leaves a position of employment in order to enlist or otherwise perform service in the uniformed services and, through no fault of his or her own, the beginning date of the service is delayed, this delay does not terminate any reemployment rights.

Response by LTC Private RallyPoint Member made Feb 18 at 2020 11:36 AM

LTC Private RallyPoint Member — Tue, 18 Feb 2020 11:36:49 -0500

I was told on a Thursday afternoon that I had to be in Ft Leonard Wood Saturday morning for MP conversion school with 18 month follow-on mobilization to Ft. Benning. Had to walk into my boss' office and tell him he wouldn't be seeing me again for at least 20 months. He graciously gave me Friday off so I could at least get some shit together.