National Guard Service
NeedCoffee
595 Posts
I have researched this on the Internet, but can't find anything.
Can employers legally request proof of membership in the National Guard? I have a brand spanking new employee who chose to keep her membership status mum during the interview process. Yes, that's perfectly legal, and we're fully able and willing to comply with USERRA, but there is some suspicion that she isn't actually in the reserves and is requesting time off under that pretense.
Any ideas, oh wise ones?
Can employers legally request proof of membership in the National Guard? I have a brand spanking new employee who chose to keep her membership status mum during the interview process. Yes, that's perfectly legal, and we're fully able and willing to comply with USERRA, but there is some suspicion that she isn't actually in the reserves and is requesting time off under that pretense.
Any ideas, oh wise ones?
Comments
PROCEDURE/GUIDELINES:
• TEMPORARY (TWO-WEEK) MILITARY LEAVE
In addition to the rights and benefits provided to employees taking Extended Military Leave (as described in this policy), eligible employees who must be absent from their job for a period of not more than ten working days each year in order to participate in temporary military duty are entitled to as many as ten days unpaid military leave. All benefits will continue during an employee’s temporary military leave.
• ALL OTHER (EXTENDED) MILITARY LEAVE
Employees directed to participate in extended military duties in the U.S. Armed Forces that exceed ten working days will be placed on an unpaid military leave of absence status for a period of as long as five years and will be entitled to the rights and benefits described below, subject to the procedures outlined below.
• PROCEDURES FOR ALL MILITARY LEAVE
1. The employee will provide his or her immediate supervisor with notice that the employee will be engaging in military service, including, where feasible, a copy of the orders directing the military duty, unless the employee is prevented from doing so by military necessity. Employees are requested to provide such notice within 30 days of active military service. Failure to provide adequate notice may render the employee ineligible for the rights and benefits described in this policy.
2. To request a temporary or extended military leave of absence, the employee should, unless prevented from doing so by military necessity, obtain a Request for Leave of Absence Form from Human Resources.
3. Human Resources will review and sign the Request for Leave of Absence Form, collect any applicable insurance premiums from the employee, generate other applicable documents, and process accordingly.
4. Employees on temporary or extended military leave may, at their option, use any or all accrued paid vacation or personal leave during their absence.
5. When the employee intends to return to work, he or she must make application for reemployment to Human Resources within the application period set forth below.
6. If the employee does not return to work, the supervisor must notify Human Resources so that appropriate action may be taken.
But what I still want to know is whether I can ask for proof of membership in the national guard...since we do not have a military leave policy or procedure, I'm treading lightly.
I'd be careful of that statement. You can not take away their rights. USERRA is very clear about this, as frustrating as it is. You can contact their Commander and let them know that the employee in question gave you short notice. They will let you know how long the ee knew about the upcoming duty. Don't be afraid to contact the Commander or the full time employee at the unit. Ask the person that you are suspicious of even being in the reserve or guard for a name and contact number and do call them! Drill schedules are published yearly in Sep/Oct. When the Commander finds out that the soldier is not communicating with the employer he will have a serious talk with the soldier!