Military Leave Policy Reminder
#43
Gets Weekends Off
Joined APC: Feb 2008
Posts: 19,224
I disagree with the implication here about "as soon as possible". While a pillar of USERRA (one of the 5 requirements) is prior notification, there is no amount of time prior that's required. You MUST provide prior notice to your employer unless some sort of emergency prevents. Think of 9/11 type of event as the level needed to not give prior notice, then you still must give notice ASAP afterwards. For anything less than this "prior" notice is the wording under the law.
Now, in the implementation notes and interpretations in the USERRA implementation section of the Dept of Labor website uses the word "should" in that the uniformed service member "should" provide as much advance notice as he can to minimize the impact on the employer. No where does it say ASAP or give specific time requirements. Also the word "should" is non compulsory in the definitions section.
I would submit that any uniformed service member has the right and duty to provide accurate info to the employer and if one must wait until closer to the military duty date to provide such notice (when schedules are more firmed up) that is fully acceptable under USERRA as long as the notice is PRIOR.
Now, in the implementation notes and interpretations in the USERRA implementation section of the Dept of Labor website uses the word "should" in that the uniformed service member "should" provide as much advance notice as he can to minimize the impact on the employer. No where does it say ASAP or give specific time requirements. Also the word "should" is non compulsory in the definitions section.
I would submit that any uniformed service member has the right and duty to provide accurate info to the employer and if one must wait until closer to the military duty date to provide such notice (when schedules are more firmed up) that is fully acceptable under USERRA as long as the notice is PRIOR.
I served a long time in the reserves. The ability to use mil leave is a great benefit. Guys who abuse that benefit put the whole process at risk. Using mil leave as a anti company tool in contract negotiations certainly qualifies as abuse.
#44
Know the law or it is useless
Read the post on page 3 with a longer cut and post of the rules. I can tell you from personal experience that if you have orders and wait until you feel it's convenient to notify you will not be backed up under The current rules.
I served a long time in the reserves. The ability to use mil leave is a great benefit. Guys who abuse that benefit put the whole process at risk. Using mil leave as a anti company tool in contract negotiations certainly qualifies as abuse.
I served a long time in the reserves. The ability to use mil leave is a great benefit. Guys who abuse that benefit put the whole process at risk. Using mil leave as a anti company tool in contract negotiations certainly qualifies as abuse.
Not trying to be a lawyer and I DO NOT encourage misuse of the USERRA Laws, but there is no limit on time of notification as defined by the DOL. Just have to notify in a way that is reasonable is the standard. So yes, calling the CP qualifies, but you may want better documentation of this notification based on the rumors of lost emails relating to HKG housing allowance! If you are on a super secret mission, where notification would compromise the mission, no notice is required.
The DOD "recommends" 30 days , but this is not what the law says. And again, the DOD is not the government agency that administers this. They are "subject" to it the same as any employer.
USE REASONABLE JUDGEMENT to schedule your duty at both jobs to ensure success. This means don't sit on those deployment orders, but who gets orders within 30 days anyway! (Perhaps DOD should add personalist to achieve this!) However, scheduling Freedom of Religion CBT for 26 Dec is not intent of the law! That can be done earlier, or later! And did not "just pop up" on your to do list last minute. The military coordination required to put pilots into airplanes/Sims to accomplish required training is somewhat less flexible and therefore understandable that use of mil leave is required with shorter notice. I think the vast majority of guard & reserve pilots use it as intended. But the funny thing is, training is also required to be accomplished by 31 Dec!!!
http://www.dol.gov/vets/usc/vpl/usc38.htm#4303
§ 4312. Reemployment rights of persons who serve in the uniformed services
(a) Subject to subsections (b), (c), and (d) and to section 4304, any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if--
(1) the person (or an appropriate officer of the uniformed service in which such service is performed) has given advance written or verbal notice of such service to such person's employer;
(2) the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and
(3) except as provided in subsection (f), the person reports to, or submits an application for reemployment to, such employer in accordance with the provisions of subsection (e).
(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.
#45
Line Holder
Joined APC: Jun 2014
Position: 11CA
Posts: 47
He was Air Force/Air Guard. He thinks Captain is an 0-3; much, much further beneath him. When he sat in the left seat at FedEx, he probably thought of himself as "Aircraft Commander"; probably cringed at the thought of being called Captain.
Remember, he will only talk to 0-6s or above.
#46
Someone please tell me why mil commanders are even taking DTs phone calls....If there is a problem he can send a letter to the JAG.
P.S. I know the answer. He doesn't want to put the requests in writing. Might have to answer for it...
Last edited by Gunter; 08-10-2014 at 04:07 PM.
#47
Gets Weekends Off
Joined APC: Jul 2006
Posts: 498
Commander's should NOT be releasing OPSEC
If "someone" calls your commander unless that commander can verify exactly who he/she is talking to, they should never give out OPSEC info. Even verifying data is a major OPSEC violation if you do not know exactly who you are talking to. Confirming a service members location and duty schedule to an unknown person on a phone is a major NO-NO.
Anyone can call a unit and pretend to be Gen XX. It could be someone who actually was/is a General, or someone who lives down the street from the member who wants the data for unknown reasons.
Your commander should assure the caller, that the member has complied with required USERA notification. The commander can confirm with the member, that he/she is performing duty if the commander wants. Unless someone showed me a DOD ID and I knew they required knowledge of the members schedule, I would be hard pressed to give out any specific information. Even confirming the member is in your unit to an unknown person on the phone is giving privileged information away.
I've seen schedulers give out more info to someone they did not know via the phone, than they would ever give out to even their next door neighbor who they do know. Think of a phone call to a unit as a random telemarketing phone call and you will usually be fine.
Anyone can call a unit and pretend to be Gen XX. It could be someone who actually was/is a General, or someone who lives down the street from the member who wants the data for unknown reasons.
Your commander should assure the caller, that the member has complied with required USERA notification. The commander can confirm with the member, that he/she is performing duty if the commander wants. Unless someone showed me a DOD ID and I knew they required knowledge of the members schedule, I would be hard pressed to give out any specific information. Even confirming the member is in your unit to an unknown person on the phone is giving privileged information away.
I've seen schedulers give out more info to someone they did not know via the phone, than they would ever give out to even their next door neighbor who they do know. Think of a phone call to a unit as a random telemarketing phone call and you will usually be fine.
#48
If "someone" calls your commander unless that commander can verify exactly who he/she is talking to, they should never give out OPSEC info. Even verifying data is a major OPSEC violation if you do not know exactly who you are talking to. Confirming a service members location and duty schedule to an unknown person on a phone is a major NO-NO.
Anyone can call a unit and pretend to be Gen XX. It could be someone who actually was/is a General, or someone who lives down the street from the member who wants the data for unknown reasons.
Your commander should assure the caller, that the member has complied with required USERA notification. The commander can confirm with the member, that he/she is performing duty if the commander wants. Unless someone showed me a DOD ID and I knew they required knowledge of the members schedule, I would be hard pressed to give out any specific information. Even confirming the member is in your unit to an unknown person on the phone is giving privileged information away.
I've seen schedulers give out more info to someone they did not know via the phone, than they would ever give out to even their next door neighbor who they do know. Think of a phone call to a unit as a random telemarketing phone call and you will usually be fine.
Anyone can call a unit and pretend to be Gen XX. It could be someone who actually was/is a General, or someone who lives down the street from the member who wants the data for unknown reasons.
Your commander should assure the caller, that the member has complied with required USERA notification. The commander can confirm with the member, that he/she is performing duty if the commander wants. Unless someone showed me a DOD ID and I knew they required knowledge of the members schedule, I would be hard pressed to give out any specific information. Even confirming the member is in your unit to an unknown person on the phone is giving privileged information away.
I've seen schedulers give out more info to someone they did not know via the phone, than they would ever give out to even their next door neighbor who they do know. Think of a phone call to a unit as a random telemarketing phone call and you will usually be fine.
#49
If "someone" calls your commander unless that commander can verify exactly who he/she is talking to, they should never give out OPSEC info. Even verifying data is a major OPSEC violation if you do not know exactly who you are talking to. Confirming a service members location and duty schedule to an unknown person on a phone is a major NO-NO.
Anyone can call a unit and pretend to be Gen XX. It could be someone who actually was/is a General, or someone who lives down the street from the member who wants the data for unknown reasons.
Your commander should assure the caller, that the member has complied with required USERA notification. The commander can confirm with the member, that he/she is performing duty if the commander wants. Unless someone showed me a DOD ID and I knew they required knowledge of the members schedule, I would be hard pressed to give out any specific information. Even confirming the member is in your unit to an unknown person on the phone is giving privileged information away.
I've seen schedulers give out more info to someone they did not know via the phone, than they would ever give out to even their next door neighbor who they do know. Think of a phone call to a unit as a random telemarketing phone call and you will usually be fine.
Anyone can call a unit and pretend to be Gen XX. It could be someone who actually was/is a General, or someone who lives down the street from the member who wants the data for unknown reasons.
Your commander should assure the caller, that the member has complied with required USERA notification. The commander can confirm with the member, that he/she is performing duty if the commander wants. Unless someone showed me a DOD ID and I knew they required knowledge of the members schedule, I would be hard pressed to give out any specific information. Even confirming the member is in your unit to an unknown person on the phone is giving privileged information away.
I've seen schedulers give out more info to someone they did not know via the phone, than they would ever give out to even their next door neighbor who they do know. Think of a phone call to a unit as a random telemarketing phone call and you will usually be fine.
#50
Stuff changes so often in the military that I wouldn't take military leave until I know for sure I'm going which is closer to the date of a trip/deployment. Let's say you drop an 85 hour trip for the military then you get sick and can't go on the trip you were assigned, or more likely the military just cancels your trip out of the blue a week out. You're SOL...
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