Is my drill weekend a Excused absence from work?

2021-03-08T07:56:47-05:00

Pretty sure I’m right but I’m in the army reserves and the days I miss my civilian job for drill my work is saying that I have to use my paid time off Whether I want to or not. I’m pretty sure this is considered a Excused absence from work since it’s for drill and I should have to be forced to use my payed time off right?

Response by SSG Private RallyPoint Member made Mar 8 at 2021 8:18 AM

2021-03-08T08:18:13-05:00

No you do not have to use paid time off for drills, I would get with USSERA they can help with this.

Response by SGM Private RallyPoint Member made Mar 8 at 2021 8:30 AM

2021-03-08T08:30:18-05:00

If your civilian employer offers 15 to 30 days of paid military leave per year, separate from paid vacation, you can and should take the paid mil leave.
If you only have paid vacation and and sick days, you should be allowed unpaid leave for drill.
Your unit should provide you with a generic employer letter that includes your drill and AT schedule for the year, that cites USERRA, specifically: "absence from work for this period of military service is protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 United States Code, Sections 4301-33."

Response by SFC Melvin Brandenburg made Mar 8 at 2021 9:30 AM

2021-03-08T09:30:09-05:00

Yes, by law. The USERRA law, get to know it because you do have some responsibilities.

Response by 2LT Private RallyPoint Member made Mar 8 at 2021 10:51 AM

2021-03-08T10:51:17-05:00

Your job does not have to pay you but they cannot force you to use PTO. I had a similar issue come up because I work for local government in my civilian job and they are very strict with their time off procedures. Call USERRA [login to see] . They did a great job of explaining it to me and they can help you with explaining it to your HR.

Response by Lt Col Jim Coe made Mar 8 at 2021 11:44 AM

2021-03-08T11:44:24-05:00

The Department of Justice enforces laws administered by the Department of Labor protecting service members. See https://www.justice.gov/servicemembers/employment
Many private sector employers choose to actively support their employees who are members of the Reserve and Guard. If your employer has an Employee Handbook, the policy on military duty should be covered. Many employers have policies that allow employees to get full or partial pay when they are on military duty, voluntary or involuntary. One company I worked for paid employees the difference between their military pay and their corporate pay. This was intended so employees wouldn't lose any money when on military duty, but they wouldn't get a windfall increase either. The Federal Government pays military duty pay equal to regular pay for up to 320 hours per year. If your employer's policy is for you to use personal time off to cover military duty, then you might consider a different employer.

Employment

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Response by SSG Edward Tilton made Mar 8 at 2021 11:45 AM

2021-03-08T11:45:23-05:00

Your employer is required to excuse you for drills. They do not have to pay you for that time

Response by MAJ Private RallyPoint Member made Mar 8 at 2021 11:51 AM

2021-03-08T11:51:02-05:00

I would explain this to your supervisor that you feel this is incorrect and you are certain there is a federal law discussing this. If they balk at it or act like they don’t care then contact USERRA. You can then let them know you had already brought your concern to your employer and it was ignored.

Response by SSG Brian G. made Mar 8 at 2021 3:13 PM

2021-03-08T15:13:08-05:00

Your employer is in the wrong all the way around. Reserve drill and AT days are covered by law and are excused absences. Your employer does not have to pay you for the days you are gone. But they also cannot make you take your civilian leave and/or sick days during those days.

Response by CPT Private RallyPoint Member made Mar 8 at 2021 4:02 PM

2021-03-08T16:02:44-05:00

Use common sense when handling employers.

Get your unit your training schedule ASAP and disclose that to your employer the moment you know and as far out as you can.

The USAR is burning up its "goodwill" with civilian employers by changing training schedules every few months and last minute training exercises, and then pulling the whole WE ARE PROTECTED BY FEDERAL LAW hahaha.

Remember, 60 months of cumulative training and deployments that impact your work schedule your employer can terminate you.

Yep, service members are protected by federal law. And employers avoid said law by throwing resumes of Reservists in the trash.

Best to minimize that conflict by just trying to be as far ahead of any conflicts you can as possible.

Response by 1SG Private RallyPoint Member made Mar 8 at 2021 11:21 PM

2021-03-08T23:21:12-05:00

Any person whose employment with an employer is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. No employer may require any such person to use vacation, annual, or similar leave during such period of service.

Response by MSG Private RallyPoint Member made Mar 9 at 2021 8:47 PM

2021-03-09T20:47:54-05:00

You are required, by USERRA, to provide you employer with a training calendar.
And you are required to request those days off in writing. Your employer may NOT force you to use any time, be it sick or PTO. If the train schedules change, as they often do, you are required to give them a written memo with the adjusted dates.

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

USERRA - Uniformed Services Employment and Reemployment Rights Act | U.S. Department of Labor

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