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Employee Joining National Guard

LastToKnowLastToKnow 5 Posts
in HR & Employment Law Vote Up0Vote Down
We have a relatively new employee (less than 90 days) who has decided to join the National Guard. She has asked for 9 weeks off to attend basic training. I am well aware that when an employee is a memeber of the National Guard, we are required to allow absences for annual training drills and if called up to active duty due to emergency. However, in the past, the employees are members of the National Guard at the time we hire them. Are we required, in this instance, to hold the job while she joins. It is not mandatory, only something she wants to do.

I realize there is a "moral" obligation...I need the legal requirements. Does anyone know where I find the exact law on this?

As is always the case, the employee has known for weeks she was going to join and needed to leave in a couple of weeks but she only let us know today and she needs an answer ASAP.

Thanks!
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  • 4 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    This employee's joining the guard will subject you to the requirements and obligations imposed by the Uniformed Services Employment and Reemployment Act of 1994 (USERRA). USERRA, among other things, also covers "initial active duty for training". You can obtain a complete copy of the regs by contacting your State's National Guard Adjutant General, your local labor department office or employment security office (ask for the veteran's representative). If you strike out with those, you can try your state department of military affairs information officer or find related websites under federal D.O.L. sites.
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  • SystemSystem 5,885 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 05-23-02 AT 09:02PM (CST)[/font][p]Search our website by typing in USERRA in the search box at the bottom of the left blue menu (scroll up a little just above Don D's response, and you'll see the search box on the left). You'll find several helpful, relevant articles.

    Christy Reeder
    Website Managing Editor
    [url]www.HRhero.com[/url]
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  • LastToKnowLastToKnow 5 Posts
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    Thanks to all. I knew about the USERRA but we had heard (from our local Army Reserve office) that if an employee has been with the employer for less than 6 months then USERRA doesn't apply. I read the USERRA from top to bottom and didn't find that anywhere. I will rely upon the Act and forget what the recruiter said.

    Thanks again for your assistance. Just needed a little hand holding on this one.


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  • Don DDon D 9,834 Posts
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    Recruiters tend to be 'old servicemen or women'. 'Old' service men and women are like 'old' HR managers...........wondering when they will get to retire. don't jump me! I qualify!
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