Originally Posted by
SpikesMyDog
How far in advance do they want notice? How long does it take to get it processed so I don't have to call the DO? If I get a last minute scramble how short notice can I give to the DO?
The company can't make any requirement for advance notice. If your unit calls at 9am in the morning and requests you be there at noon and you have a noon sign in with your employer then that is the notice they get.
On the flip side however you are required to notify your employer as soon as possible after you receive notification of a military duty. If you withhold that notification you lose the protections under the law.
6. Is prior notice to the employer required for leave of absence for military duty?
Yes. Unless precluded by military necessity, advance notice must be provided either orally or in writing. The context for what constitutes timeliness of notification was not spelled out in detail by Congress under USERRA. However, employees who participate in the National Guard or Reserve should provide their employers as much advance notice as possible. Failure to provide notice could result in a denial of the protection of USERRA.
The above is generally interpreted as notice must be given when the reservist or guard member is notified of the duty or 30 days whichever is less.