Employer taking Vacation/Sick time for IDT training.

2014-10-16T09:11:07-04:00

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.

Response by SSG Private RallyPoint Member made Oct 16 at 2014 12:02 PM

2014-10-16T12:02:23-04:00

SPC Private RallyPoint Member, 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

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.

Response by COL Vincent Stoneking made Oct 17 at 2014 5:35 PM

2014-10-17T17:35:39-04:00

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.