Do reservists have to provide orders when missing civilian work?

CPT Scott Brown — Wed, 17 Jul 2019 10:22:41 -0400

I was an officer in the RA, and never really dealt with reservists or the Nationals Guard. Now I have a Naval Reservist that tells me things like “my commanders called and said I have to get my well woman exam tomorrow” or “I have to go get vaccines because my unit called and said I must do it before the next drill”. Is this common? I ask because she is a remote employee, and I have complaints from my clients that she is hard to find, when she should be in the office 8-5 Monday through Friday. There was a day when I couldn’t find her at all, all day and she didn’t reply until the next day, stating her unit called her in. Does she have to provide orders to me when using her reserve status to get out of work?

Response by MSG Private RallyPoint Member made Jul 17 at 2019 10:44 AM

MSG Private RallyPoint Member — Wed, 17 Jul 2019 10:44:00 -0400

They need to provide notification to their employer as soon as they know they are leaving on orders. If they have orders in hand, then it's best practice to provide a copy prior to departure. But, if the trip is a short one, then orders can be provided after the trip. As for other things, like health/wellness exams, then some sort of documentation should be provided as proof so as to not violate USERRA.

Response by MSG Gary Eckert made Jul 17 at 2019 10:44 AM

MSG Gary Eckert — Wed, 17 Jul 2019 10:44:34 -0400

I don't know the rules for non-Government civilians; however, I know our Reservist that are Army Civilians provide us with a memo from the Commander and it is generic enough that it says To employer. They also can provide a copy of the active duty orders. Without one of those their pay record gets flagged when they take Military Leave until one is provided.

Response by SGM Private RallyPoint Member made Jul 17 at 2019 11:08 AM

SGM Private RallyPoint Member — Wed, 17 Jul 2019 11:08:37 -0400

"Getting vaccines before next drill?" That's not a thing. The Reserves can recommend that a Reservist get a flu shot at a drug store during their lunch hour, especially if that Reservist has a fulltime employment health plan or Tricare Reserve Select, and definitely if that Reservist missed the drill for flu shots, or somehow missed the shot while at drill. But multiple days away from work for reserve requirements between drills sounds like an excuse.
Reservists are highly encouraged but not required by law to provide a copy of orders, the annual drill schedule, or other type of documentation to employers as soon as available and, if possible, before the commencement of military duty. I provide that kind of documentation for a few Soldiers' employers every month.
That said, I would have a frank discussion with this employee about her availability every day in her job, if her clients are unable to reach her. And ask her for her Reserve requirements and proper notification. If she is unwilling to provide that documentation then I recommend that you contact that employee's unit fulltime staff and/or commander.

At first glance this just looks like a poor employee hoping to use the Reserves as an excuse. A short discussion with the unit commander will confirm or deny that.

Response by SFC Michael D. made Jul 17 at 2019 11:10 AM

SFC Michael D. — Wed, 17 Jul 2019 11:10:48 -0400

Here at the State level Reserve and National Guard are afforded leave for Drill and job security when deployed but yes, there needs to be orders. Some have tried to fake the funk and lost their job for it. (fake orders).

Response by LTC Eugene Chu made Jul 17 at 2019 1:14 PM

LTC Eugene Chu — Wed, 17 Jul 2019 13:14:08 -0400

It depends on the employer. An an IMA reservist, I drill on weekdays and my status is leave without pay. My company recently mentioned that they wanted copies of my DA 1380s for records...just in case...

Response by SGT Chris Stephens made Jul 17 at 2019 10:54 PM

SGT Chris Stephens — Wed, 17 Jul 2019 22:54:08 -0400

As an employer, you can request copies of doctor's notes excusing them from work. As far as vaccines, that can be done during non-work hours, so that sounds like an excuse. But also just document everything. It'll get to a point where all of this extra stuff she "has to do" is affecting the bottom line of your company and that is grounds for letting someone go.

Response by CW3 Private RallyPoint Member made Jul 18 at 2019 5:53 PM

CW3 Private RallyPoint Member — Thu, 18 Jul 2019 17:53:32 -0400

Orders get issued for ADT/AD time. IDT time doesn't get orders, but there is a schedule published by the small unit commander at the beginning of the fiscal year. Having said that, I can only speak for Army Reservists... Naval Reservists might do things differently, but they are still documented.

Response by PO1 Private RallyPoint Member made Jul 27 at 2019 12:28 AM

PO1 Private RallyPoint Member — Sat, 27 Jul 2019 00:28:43 -0400

Orders no! But some sort of communication would be helpful. Service members are requested to get things accomplished prior to drill due to not having personnel (Specialists) At the NOSC which then requires member to go to designated locations to complete mission ready requirements.

Response by PO2 Penelope Peterson made Aug 14 at 2019 10:14 PM

PO2 Penelope Peterson — Wed, 14 Aug 2019 22:14:58 -0400

Having worked Navy Reserve Drill Pay and Accounting as Staff and a drilling Reservist for the better part of 16 years, I can tell you no matter ANY situation, there is ALWAYS documentation and you are well within your right to ask for it.
Reservists are expected to give as much advance notice as possible and work with their employers in a constructive manner, including providing documentation for any requirements that would take them away from employer. Including medical, dental, shots, etc... (The Reservist themselves would have received a letter mandating them to do these things.)

From the sounds of it sounds like either they got a new staff Corpsman, preparing for deployment, or getting ready for Command Inspection.
These things do happen. So the folks saying "blowing smoke", haven't been in these situations.

The unable to be reached all day and so forth is another matter. Again, you are within your rights to request documentation for it all.

Response by PO1 Private RallyPoint Member made Aug 22 at 2019 11:25 PM

PO1 Private RallyPoint Member — Thu, 22 Aug 2019 23:25:00 -0400

Notification asap is what's required. I have been in the reserves 26 years and as long as you notify your employer ahead of time. You can get a p.o.c. in her unit chain and communicate. Ive dinner that for juniors before to simplify and reduce concerns from employers.

Response by PO2 Brian Ruddy made Sep 3 at 2019 9:28 AM

PO2 Brian Ruddy — Tue, 03 Sep 2019 09:28:15 -0400

Most companies pay differential pay, if you want your company to still pay you, you will have to provide a copy of your orders to HR.

Response by PO2 Private RallyPoint Member made Sep 15 at 2019 11:59 AM

PO2 Private RallyPoint Member — Sun, 15 Sep 2019 11:59:37 -0400

No matter how short fuse the need of the unit, the CO or Senior enlisted person shall make some form of communication/letter to the members civilian employer for consideration. It is the members RESPONSIBILITY to make sure that this communication takes place.
If members are tagged/notified by command to be sent somewhere else regardless of the durarion. It is rhe members RESPONSIBILTY to give his/her immediate supervisor a heads up regardless if the orders are not readily available. This will give the employers, specially with small or medium size companies, to mitigate the effects of the members absense. Ideally.

Response by CPO Private RallyPoint Member made Oct 22 at 2019 11:20 PM

CPO Private RallyPoint Member — Tue, 22 Oct 2019 23:20:10 -0400

Yes, if a member is on IDT (drill weekend) there should be an FY drill schedule provided prior to the upcoming FY to provide employers to allow the member to preform drill. If there is a reason for the NOSC to equine the member to report be it Admin or medical, the employer need not know the actual reason, they do however require APPROVED Orders. I have in the past had a letter written by and signed by the command CO or the CMC for one off dates. That being said very very rarely will a NOSC require a member to report without prior notice. In 19 years have only seen one instance of that. Even then a letter was provided by the NOSC to the member. Both the member and the employer are protected by USERRA. ESGR.mil