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?

2LT Private RallyPoint Member — Thu, 26 Oct 2017 16:36:25 -0400

Response by MSG Floyd Williams made Oct 26 at 2017 4:46 PM

MSG Floyd Williams — Thu, 26 Oct 2017 16:46:26 -0400

ASAP!

Response by 1SG Private RallyPoint Member made Oct 26 at 2017 5:03 PM

1SG Private RallyPoint Member — Thu, 26 Oct 2017 17:03:09 -0400

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?

Response by CPT Lawrence Cable made Oct 26 at 2017 5:33 PM

CPT Lawrence Cable — Thu, 26 Oct 2017 17:33:58 -0400

Do you really mean the latest? While I gave my employer notice as soon as I got orders in my hands, you could tell them the same day you leave and as long as it is documented, your covered. http://www.military.com/benefits/military-legal-matters/userra/userra-reemployment-protection-explained.html

USERRA Reemployment Protection Explained

The law gives protection to any person whose absence from their job is caused by recall to active duty service.

Response by MSG Private RallyPoint Member made Oct 26 at 2017 8:04 PM

MSG Private RallyPoint Member — Thu, 26 Oct 2017 20:04:33 -0400

I have stuck by the principle that as soon as I am handed orders, my civilian has a copy within an hour.

Response by LTC John Wilson made Oct 26 at 2017 8:23 PM

LTC John Wilson — Thu, 26 Oct 2017 20:23:03 -0400

I've lost a job from my military commitments. If you fear they will cut your position BEFORE you deploy in order for them to skirt the law, then wait until a few weeks prior to your call up, ensure you have written orders, present those orders in writing...and -- if you REALLY don't trust them and if needs be -- submit your notice through the office of a good attorney who specializes in HR law.

If this is the kind of ungrateful employer you serve, then my recommendation is to find someone else to work for.

At present, I work for an awesome company that "gets it." I would easily provide them notice ASAP (over 12 months out) without concern for my position when I got back.

Response by MSG Brad Sand made Oct 28 at 2017 1:08 PM

MSG Brad Sand — Sat, 28 Oct 2017 13:08:20 -0400

The day you enlist. When you have your contract, you have a contract with the government. Once this is done, you are protected by law.

Response by SGM Bill Frazer made Oct 28 at 2017 1:21 PM

SGM Bill Frazer — Sat, 28 Oct 2017 13:21:16 -0400

If you like them and respect them, then the minute you get your orders so they can prepare. If you think they will can you, then a week's notice perhaps.

Response by SFC Private RallyPoint Member made Nov 2 at 2017 9:24 PM

SFC Private RallyPoint Member — Thu, 02 Nov 2017 21:24:07 -0400

Some states do not have to keep your job. Any state that is an “at will” state can fire you for any reason and do not have to keep your job for you when you return. Although you are supposed to have certain protections as a service member you will likely face an uphill battle and still lose your job. This being the case I would encourage you to let your employer know as soon as possible and try and build as good a relationship as you can beforehand.