Posted on Oct 16, 2014
Employer taking Vacation/Sick time for IDT training.
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My employer has given me my entitled 15 days of military leave with the Kentucky Army National Guard but now my 15 days have been used. They are telling me that I will have sick/vacation time deducted for IDT training. I've looked online but can't find it. Any help would be great.
Posted 10 y ago
Responses: 2
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I'm going to say that they are wrong, but the answer is probably not what you want.
The are likely required by state law (or somehow under the federal reg) to give you the paid 15 days (this is NOT the case in all states, that's why I state it this way - some states have more, some have less, and I think some still have none....)
I am willing to beet that the ESGR folks or a lawyer (contact them - make sure) are going to tell you that:
1. The employer HAS TO allow you to do your duty without taking adverse action
2. The employer DOES NOT have to carry you in a paid status.
The upshot is that the they are wrong - you have 4 choices:
1. Take Vacation
2. Take Sick time
3. Take unpaid (but protected) leave
4. Cut a deal (trade shifts, etc.)
In my case case, I have done as your employer outlines and burned vacation time or taken leave without pay in similar situations.
The are likely required by state law (or somehow under the federal reg) to give you the paid 15 days (this is NOT the case in all states, that's why I state it this way - some states have more, some have less, and I think some still have none....)
I am willing to beet that the ESGR folks or a lawyer (contact them - make sure) are going to tell you that:
1. The employer HAS TO allow you to do your duty without taking adverse action
2. The employer DOES NOT have to carry you in a paid status.
The upshot is that the they are wrong - you have 4 choices:
1. Take Vacation
2. Take Sick time
3. Take unpaid (but protected) leave
4. Cut a deal (trade shifts, etc.)
In my case case, I have done as your employer outlines and burned vacation time or taken leave without pay in similar situations.
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SPC (Join to see), I would contact your ESGR Representative in your state, these are the subject matter experts regarding USERRA.
http://www.esgr.mil/contact/local-state-pages/kentucky.aspx
http://www.esgr.mil/contact/local-state-pages/kentucky.aspx
Employer Support of the Guard and Reserve > About ESGR > Contact
For a workplace issue, conflict or question call the Customer Service Center to speak with a representative: 1-800-336-4590 - Option 1 or by email: osd.USERRA@mail.mil.
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COL Jean (John) F. B.
SPC (Join to see) SSG Garza's answer is right on... The ESGR has experts in that area and volunteer attorneys who can assist with any question and situation.
Your unit should have an ESGR representative assigned and access to an ESGR Ombudsman.
Your employer is required to comply with the law (USERRA), which s very specific. While many (most) employers actually do more than the law requires, many do not. Many times the ESGR rep will pay a visit to your employer to see what he can do to help rectify the problem.
While I am certainly not an expert on USERRA, I do know that there is a maximum number of days that employees have to be excused without penalty. Anything above that can be charged as vacation.
Get the correct answer from your unit or from the ESGR rep assigned to your unit.
Your unit should have an ESGR representative assigned and access to an ESGR Ombudsman.
Your employer is required to comply with the law (USERRA), which s very specific. While many (most) employers actually do more than the law requires, many do not. Many times the ESGR rep will pay a visit to your employer to see what he can do to help rectify the problem.
While I am certainly not an expert on USERRA, I do know that there is a maximum number of days that employees have to be excused without penalty. Anything above that can be charged as vacation.
Get the correct answer from your unit or from the ESGR rep assigned to your unit.
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