Is it legal to make me work two weekends for missing work because I have drill?

SPC Private RallyPoint Member — Tue, 01 Aug 2017 10:11:32 -0400

Response by SSG Private RallyPoint Member made Aug 1 at 2017 10:18 AM

SSG Private RallyPoint Member — Tue, 01 Aug 2017 10:18:46 -0400

I would call a USERRA representative, from what I have read, as long as you have provided your schedule in advance to your employer, you are not responsible for finding a replacement or rescheduling of work and must return to work on the next scheduled work period following an 8 hr rest period, this rest period does not include travel home from drill. So if you get home say at 6pm Sunday they can schedule you to work within 8 hours.

Response by SPC Private RallyPoint Member made Aug 1 at 2017 10:24 AM

SPC Private RallyPoint Member — Tue, 01 Aug 2017 10:24:30 -0400

Also they have talked about me going from full time (which i get paid time off) to per diem (which i would get no benefits) so they do not have to worry about my drill. Seems illegal

Response by MSG Private RallyPoint Member made Aug 1 at 2017 10:39 AM

MSG Private RallyPoint Member — Tue, 01 Aug 2017 10:39:30 -0400

https://www.dol.gov/vets/programs/userra/

U.S. Department of Labor -- Veterans' Employment and Training Service (VETS) -- Uniformed...

VETS provides assistance to those persons experiencing service connected problems with their civilian employment and provides information about USERRA to employers. VETS also assists veterans who have questions regarding Veterans' Preference.

Response by SGT Bryon Sergent made Aug 1 at 2017 11:16 AM

SGT Bryon Sergent — Tue, 01 Aug 2017 11:16:04 -0400

PVT Andrew Gooldrup - https://www.esgr.mil/, go to them. They will have your back. they will tell you what you can and can't do as well as your employer. They will also come to your employer and tell them what they can or can't do legally and if they fire you after that you have someone to back you up!

Response by SP5 Peter Keane made Aug 1 at 2017 12:44 PM

SP5 Peter Keane — Tue, 01 Aug 2017 12:44:34 -0400

If your profile is correct, you don't have a leg to stand on.

Response by Mike Johnson made Aug 1 at 2017 2:10 PM

Mike Johnson — Tue, 01 Aug 2017 14:10:07 -0400

I don't believe so, but it could be a state provision?

Response by 1SG Private RallyPoint Member made Aug 1 at 2017 2:38 PM

1SG Private RallyPoint Member — Tue, 01 Aug 2017 14:38:42 -0400

Yes, your employer can schedule for work how they see fit, so long as you give reasonable notice for when military training is, and they give reasonable accommodation to those training obligations.
If you think you are getting screwed over by your employer, start looking elsewhere.
If you just don't like working three weekends a month, well that is what vacation time is for.

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Response by Lt Col Jim Coe made Jun 18 at 2022 9:42 AM

Lt Col Jim Coe — Sat, 18 Jun 2022 09:42:00 -0400

Yes, your civilian employer can schedule your work to best advantage the business. If such scheduling is done without discrimination or malicious intent, then you have the choice to do the work or find another job. If you suspect discrimination then complain about it following company policy, union rules, or your state laws.