Posted on Oct 26, 2017
What is the earliest you can give your job notice of your departure to active duty or training in order for them to hold your job?
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MSG Floyd Williams
If you don't have orders yet still let your employer know in advance, it is critical to have orders to protect you from losing your job after serving.
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I have stuck by the principle that as soon as I am handed orders, my civilian has a copy within an hour.
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I am not sure I understand the question. The USERRA stipulates that you need to give advance notice of training or military service that will take you away from your workplace duties. It doesn't matter if it's 1 year away or 1 week away.
In fact- (b) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes of this subsection shall be made pursuant to regulations prescribed by the Secretary of Defense and shall not be subject to judicial review.
However 30 days is typically the latest I would give notice just to maintain good working relationship with my employer. But you have highlighted EARLIEST. Are you afraid that if you give notice of service too early they will find a way to cut your job? Can you explain your concerns better?
In fact- (b) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes of this subsection shall be made pursuant to regulations prescribed by the Secretary of Defense and shall not be subject to judicial review.
However 30 days is typically the latest I would give notice just to maintain good working relationship with my employer. But you have highlighted EARLIEST. Are you afraid that if you give notice of service too early they will find a way to cut your job? Can you explain your concerns better?
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SPC (Join to see)
Something to ask... How important is the part time job? If it's at a restaurant and you don't need it for financial security, consider quitting if they won't work with you easily enough. You're also Reserves though and you can get your job back with them if you work with them with USERRA.
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Didn't see that you were going Active.
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Didn't see that you were going Active.
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CW3 Harvey K.
2LT (Join to see) - FULL-time at work and school full-time also. You're not busy, you are frantic!
So you are going on extended active duty, not just a limited training tour. O K, it still boils down to how things sit with you and your employer. If you give them plenty of notice, feeling you can trust them, it wont matter much to them if you leave a few weeks before you absolutely have to leave.
A lot will depend on how good a replacement they find for you. My son took a LOA, and had no trouble getting his job back. The temp they hired as a replacement did not work out well.
So you are going on extended active duty, not just a limited training tour. O K, it still boils down to how things sit with you and your employer. If you give them plenty of notice, feeling you can trust them, it wont matter much to them if you leave a few weeks before you absolutely have to leave.
A lot will depend on how good a replacement they find for you. My son took a LOA, and had no trouble getting his job back. The temp they hired as a replacement did not work out well.
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2LT (Join to see)
CW3 Harvey K. -Yes I know, I have a lot going on. I attempted to get a leave of absence but since we're short staffed it was denied. I am going active duty again per passing training hence my question on RP.
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1SG (Join to see)
2LT (Join to see) I don't know if you can say what you are training for. Are you talking about basic training? I am trying to understand what kind of pre-training you feel you need to do. If it is basic training, there is a general level of fitness that the drill sergeants assume and a carefully planned fitness regime that they follow. Other then running a few miles every week, I would recommend about 30 minutes of core work 2-3 times a week.
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