Voluntary Military Leave

bamahr

I have an employee who is a reservist - he volunteers for duty and of course has the mandatory duty. He worked 91 days last year and the rest he was either on voluntary or mandatory duty. We have always supported him - and will continue to but - he came in Monday with orders in hand and said he had to leave for two weeks and didn't find out until Saturday. I know we have to treat mandatory and voluntary leave the same - but can I talk to him and tell him when he continually volunteers for training he is really putting us in a hardship - especially when we get no notice - or am I better off saying nothing?

Al Vreeland

You're better off saying nothing. While explaining the hardship is, by itself, not a violation of the law. If he were later terminated for some other reason, he could use your statements as evidence against you that you were upset with him about his leave.


Al Vreeland
Editor, Alabama Employment Law Letter
Lehr Middlebrooks Price & Vreeland, P.C.

stilldazed

Agree. You should leave that topic alone. The worker may interpret your good intent as some sort of warning and make a formal allegation. You'll be asked to confirm, yada yada yada, . . ., somewhere down the line you and your company will have invested resources in trying to defend your message. Not worth it in my book.

Best wishes.