Posted on Mar 8, 2018
Is it acceptable for an employer to make a soldier work extra hours during the week to make up hours missed for drills?
9.63K
21
26
3
3
0
When he has drill or orders his work makes him work 3-4 hrs longer then his coworkers on days he is available. He complained to work about it and he stated that they said that his work stated that since he has drill they will use up his hours during the week. To me it seems like a punishment for him having his military obligations, but I'm not really sure if USERRA addresses this type of employer behavior. Any help is appreciate.
Posted in these groups: 
RightsTroop Program Unit (TPU)
RightsTroop Program Unit (TPU)
Posted 8 y ago
Responses: 14
5
5
0
Hmm, I've been out of the civilian workforce for quite a while, but I've had a full-time job since I was 15; doesn't working extra hours equate to MORE money? Are they forcing him to work for free?
(5)
(0)
SP5 Peter Keane
Many years ago, I was told to work 4 hours mandatory overtiime/ I asked to see a Steward, Supervisor said. "you don't need a Steward you need a timekeeper to make sure you get time and a half." Change d my perspective for life.
(1)
(0)
4
4
0
Aaand occasionally I see things that help me understand why employers sometimes don't support the guard and reserve programs.
(4)
(0)
SPC David Willis
Its a two way relationship. Yes they're legally required to let you leave, but if you don't make an effort to make it up to them you wont have a successful tenure there.
(1)
(0)
SGT (Join to see)
As this soldier is putting in 11-13 hr work days on the week he has drill instead of 8 or 9 it becomes a quality of life issue. Further CSM, I was asking about the legality of it. If he is force to make up work he missed because of drill or orders, to me and apparently usserra seems like retaliaiton for him having to serve.
(0)
(0)
SPC David Willis
SGT (Join to see) - I'm not entirely sure its retaliation as according to USERRA there are very clear definitions of what retaliation is, it may be they don't have OT budgeted so they still need him to work his standard hours, not to mention plenty of people work 11-12 hour days. I spent some time researching it because it is an interesting question, and I could not find anything one way or the other which usually means it defaults to whatever the boss says goes. Also as there is nothing (that I could find) on USERRA website regarding missed time, other than they cant force you to use banked PTO, retaliation laws probably wouldn't apply anyway.
One caveat I would look into is how they treat other employees. There is a part that says an employer can deny you the opportunity to make up the time BUT only if they deny everyone else if they miss due to illness or whatever. If they are treating your soldier differently ie: not forcing other employees to make up time missed for illness or personal issues (not including banked PTO) you may have a case. But definitely contact USERRA before you reach out to any attorneys.
One caveat I would look into is how they treat other employees. There is a part that says an employer can deny you the opportunity to make up the time BUT only if they deny everyone else if they miss due to illness or whatever. If they are treating your soldier differently ie: not forcing other employees to make up time missed for illness or personal issues (not including banked PTO) you may have a case. But definitely contact USERRA before you reach out to any attorneys.
(0)
(0)
CSM Richard StCyr
SGT (Join to see) - Like I said, sometimes I see things and start to understand why folks are the way they are, and conversations like this help me understand the opinions and attitudes I sometimes encounter when interacting with small business owners. After 30 years in the service and several years as lead superintendent on large projects 11-13 hour days aren't that big a deal, but then again it's all perspective.
(1)
(0)
3
3
0
Is he a salaried employee or hourly? Is he under contract to work X number of hours per week? USERRA isn't going to be any help if there are stipulations that he agreed to when he got hired.
(3)
(0)
SSG Edward Tilton
His employer may have found a loop hole. The employer is required to excuse him for drills but no required to pay him for that time. I would report him and let JAG sort it out
(0)
(0)
1
1
0
Without knowing all the fine details and the people involved, I'd say they're doing him more of a favor than anything. They're allowing him to work full-time hours during his drill weeks so he's not losing out. Since I've been in the Guard I don't think that I've ever had an employer do anything like that.
(1)
(0)
SPC David Willis
When I was in I worked for a company that paid me I believe 40 hours a rolling year of military service. It was pretty great. Saved it all for AT and was loaded when I came back.
(1)
(0)
1
1
0
Generally employers can't take any adverse action against an employee for their military obligations. This sounds like it could be retaliatory in nature. I'd definitely advise him to go to http://www.esgr.mil and talk with an ESGR rep. They are extremely helpful and should be able to resolve the situation.
Employer Support of the Guard and Reserve Home
With an ESGR committee in each state, territory, and the District of Columbia, there is an ESGR representative able to help you forge a stronger bond with your supervisor through a greater understanding of your military service.
(1)
(0)
0
0
0
Your employer has to let you attend drill and ADT
Your employer does not have any obligation to pay you for time missed from work.
Your employer does not have any obligation to adjust work requirements other than allowing you to attend drill and ADT.
Perhaps we are all missing something that you didn't mention but this story seems to fall apart without more information. From your account, it seems the person (YOU??) normally works an 8 hour day. If that person's regular work schedule includes working weekends, they would need to be off from work two days once a month - missing their regular work for about 16 hours one week each month. The employer apparently is expecting them to make up that time by working longer on the days that they are available for work. More information about the work schedule, the kind of work, and how the employees work is measured would be needed to make much sense of the so-called Quality of Life issue.
Your employer does not have any obligation to pay you for time missed from work.
Your employer does not have any obligation to adjust work requirements other than allowing you to attend drill and ADT.
Perhaps we are all missing something that you didn't mention but this story seems to fall apart without more information. From your account, it seems the person (YOU??) normally works an 8 hour day. If that person's regular work schedule includes working weekends, they would need to be off from work two days once a month - missing their regular work for about 16 hours one week each month. The employer apparently is expecting them to make up that time by working longer on the days that they are available for work. More information about the work schedule, the kind of work, and how the employees work is measured would be needed to make much sense of the so-called Quality of Life issue.
(0)
(0)
0
0
0
ESGR Ombudsman Director/ESGR National Trainer/Attorney here.
Absolutely NOT! He can volunteer for those extra hours, but an ER cannot require he work those as a condition of taking military service. 20 CFR 1002.87. Or simply because he's taken military service, which would be considered "an adverse employment action" in which the SM's uniformed service was "a motivating factor." 38 USC 4311.
Contact ESGR (http://www.ESGR.mil) if this situation persists and we can mediate. Otherwise, contact DOL VETS, which has the authority to investigate violations.
Absolutely NOT! He can volunteer for those extra hours, but an ER cannot require he work those as a condition of taking military service. 20 CFR 1002.87. Or simply because he's taken military service, which would be considered "an adverse employment action" in which the SM's uniformed service was "a motivating factor." 38 USC 4311.
Contact ESGR (http://www.ESGR.mil) if this situation persists and we can mediate. Otherwise, contact DOL VETS, which has the authority to investigate violations.
(0)
(0)
0
0
0
0
0
0
0
0
0
Does anyone else interpret the employer "Forcing" (allowing? dependent on context) him to work more hours, to be the opposite of discrimination/retaliation defined by the ESGR?
I could see him having a case if they terminated him when he refused to work the extra hours if he is the only once "forced" to work them. If he is the only employee being terminated for that reason and other employees do not incur penalties for refusing to work overtime.
Like others have said, the ESGR rep would best answer this question.
I could see him having a case if they terminated him when he refused to work the extra hours if he is the only once "forced" to work them. If he is the only employee being terminated for that reason and other employees do not incur penalties for refusing to work overtime.
Like others have said, the ESGR rep would best answer this question.
(0)
(0)
Read This Next
Continue with Facebook 
Continue with Google