Posted on Jan 30, 2023
Can I waive or complete WOBC online? What advice would you give someone who wants to remain at their location as a contract employee?
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Reserve W01 slotted for WOBC training. US DoD Contractor GDIT says they guarantee a position when coming back from WOBC but not location. I work in Italy for a US Army base and have been told that as soon as you leave your position you will be back filled and if there is a position when you come back will place you there. Since there are only 10 total positions on the contract, will have to relocate the whole family after WOBC and be moved wherever they offer me a job. JAG has gotten involved but still waiting on a resolution. I think under regulation GDIT may be in the right but does not make it right to relocate the whole family after the reserve WOBC training. GDIT has asked if I could do the training online or get parts of it waived so I will not be gone so long. I told them about the three phases of 255A WOBC but even 7 weeks was to long and my position would be back filled and would have to relocate the whole family. Any body have advice, can I somehow do WOBC through online training or some form of waiver process with CISSP, CCNA, Windows Server MCSA, certifications like 25B MOS has for waiver. Trying to look at all options, please ask questions if needed to understand the whole issue.
WO1
Warrant Officer Basic Course (WOBC)
GDIT
Posted 2 y ago
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I am not an expert but had several employees who were in the Guard and Reserves who had both drill and training requirements. I was required to find them a position but not guarantee a specific location either. You need to read the Company’s policy along with your HR comments and there interpretation. Sadly, it is likely that they are doing what is required by statute.
An option I used for one such case requiring a replacement is that we used the filled position as an apprenticeship for training Tina follow on assignment, allowing the original employee to move back into the position while the replacement moved on to the next assignment Obviously it must be supported by like requirments between the positions and have to be supported by the Company.
An option I used for one such case requiring a replacement is that we used the filled position as an apprenticeship for training Tina follow on assignment, allowing the original employee to move back into the position while the replacement moved on to the next assignment Obviously it must be supported by like requirments between the positions and have to be supported by the Company.
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WO1 (Join to see) - Short answer: MAYBE you have a claim under USERRA
What you're discussing comes down to three things. Company policy, state law and federal law. I'm not giving legal advice (consult the proper legal representative for that), but as far as I know, regarding state and federal law, the only thing that could impact the scenario is USERRA.
That means it would be company policy and USERRA.
While CSM Darieus ZaGara didn't mention USERRA specifically, those are the actions that GDIT HR would go though regarding you. USERRA guarantees that they'll take you back (normally .. there are certain exceptions .. consult the guide if you're not familiar), there is nothing specifically spelled out regarding putting you back in the same location.
What USERRA says about reemployment positions (Title 38, section 4313) is that the employer is required "in the case of a person whose period of service in the uniformed services was for less than 91 days" to place you "in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, the duties of which the person is qualified to perform".
Again, it could be interpreted multiple ways - Nothing I could find in either USERRA cases brought or in the FAQ specifically address 'relocation'. If you were gone more than three months, it's pretty clear that they aren't forced to 'keep the job you were doing' open.
However, the language for being gone 91 days or more is "In the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay".
That language reads that if 90 days or less then it's the same job you left. If 91 days ore more, then the same job or something like it.
As CSM Darieus ZaGara said, check out the military leave policy in the company. Also compare it to other policies regarding a moderate absence (family leave, etc) to see if it is consistent.
Now, I wouldn't advise you to try and use USERRA as a club, ESPECIALLY since it's my interpretation and non-legal advice. I WOULD suggest that you talk with your HR folks and draw their attention to the specific section for a discussion.
Additionally, you can contact a ESGR advocate* and discuss with them to get a better read on the applicability. ESGR advocates work with many of the large companies on crafting military leave policies, etc. and maintain MANY contacts with the employers and might be able to accommodate with a simple phone call on your behalf.
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* US DOL Guide to USERRA - https://www.dol.gov/agencies/vets/programs/userra/USERRA-Pocket-Guide
* ESGR USERRA Inquiry - https://esgr.mil/USERRA/USERRA-Contact/USERRA-Information-Request/t/0
What you're discussing comes down to three things. Company policy, state law and federal law. I'm not giving legal advice (consult the proper legal representative for that), but as far as I know, regarding state and federal law, the only thing that could impact the scenario is USERRA.
That means it would be company policy and USERRA.
While CSM Darieus ZaGara didn't mention USERRA specifically, those are the actions that GDIT HR would go though regarding you. USERRA guarantees that they'll take you back (normally .. there are certain exceptions .. consult the guide if you're not familiar), there is nothing specifically spelled out regarding putting you back in the same location.
What USERRA says about reemployment positions (Title 38, section 4313) is that the employer is required "in the case of a person whose period of service in the uniformed services was for less than 91 days" to place you "in the position of employment in which the person would have been employed if the continuous employment of such person with the employer had not been interrupted by such service, the duties of which the person is qualified to perform".
Again, it could be interpreted multiple ways - Nothing I could find in either USERRA cases brought or in the FAQ specifically address 'relocation'. If you were gone more than three months, it's pretty clear that they aren't forced to 'keep the job you were doing' open.
However, the language for being gone 91 days or more is "In the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay".
That language reads that if 90 days or less then it's the same job you left. If 91 days ore more, then the same job or something like it.
As CSM Darieus ZaGara said, check out the military leave policy in the company. Also compare it to other policies regarding a moderate absence (family leave, etc) to see if it is consistent.
Now, I wouldn't advise you to try and use USERRA as a club, ESPECIALLY since it's my interpretation and non-legal advice. I WOULD suggest that you talk with your HR folks and draw their attention to the specific section for a discussion.
Additionally, you can contact a ESGR advocate* and discuss with them to get a better read on the applicability. ESGR advocates work with many of the large companies on crafting military leave policies, etc. and maintain MANY contacts with the employers and might be able to accommodate with a simple phone call on your behalf.
------------------------------------------------------
* US DOL Guide to USERRA - https://www.dol.gov/agencies/vets/programs/userra/USERRA-Pocket-Guide
* ESGR USERRA Inquiry - https://esgr.mil/USERRA/USERRA-Contact/USERRA-Information-Request/t/0
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COL Randall C.
Update: After reading SGM (Join to see)'s comment, I decided to dig deeper and found this on the Office of the Special Counsel's website* regarding going back into the same position reinforcing the "if you're gone 90 days or less, then you get your same job back".
"Once a service member is reemployed, USERRA provides guidelines on what position she is entitled to. Generally, the employee must be given the position they would have held had they remained continuously employed.
In some cases, where the employee was absent for more than 90 days due to military service, the employer may choose to reassign the employee, but it must be to a job of similar seniority, status, and pay as the employee’s former position."
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* https://osc.gov/Services/Pages/USERRA-Employee.aspx
* https://www.govinfo.gov/content/pkg/CFR-2018-title20-vol4/xml/CFR-2018-title20-vol4-part1002.xml#seqnum1002.191
"Once a service member is reemployed, USERRA provides guidelines on what position she is entitled to. Generally, the employee must be given the position they would have held had they remained continuously employed.
In some cases, where the employee was absent for more than 90 days due to military service, the employer may choose to reassign the employee, but it must be to a job of similar seniority, status, and pay as the employee’s former position."
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* https://osc.gov/Services/Pages/USERRA-Employee.aspx
* https://www.govinfo.gov/content/pkg/CFR-2018-title20-vol4/xml/CFR-2018-title20-vol4-part1002.xml#seqnum1002.191
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Talk to your unit USERRA REP or get the links to take the online training. They cover this, but it's not cut and dry.
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