Intermittant Military Reserve Training

qsausagelm · August 2004

We have a salaried EE who is currently receiving reserve training on an intermittant schedule. He will work a day or two, miss three then repeat the pattern. He tells me that this could go on for some time. Has anyone else run into this situation and, if so, how did you handle the pay issue?

Thanks

mushroomHR · August 2004

[font size="1" color="#FF0000"]LAST EDITED ON 08-26-04 AT 02:50PM (CST)[/font][br][br]Our reservist is usually gone one weekend a month without missing any work. Once a year he is gone for two weeks. I'm not aware of any reserve training that would require intermittent leave on the type of schedule you mentionbut I could be wrong. Just telling you what kind of schedule our reservist has.

Edit: As to pay, we offer the difference between the employee's military pay and his hourly rate as if he were at work. He actually makes out better with his military pay so we have no issue with this.

System · August 2004

It sounds as if the training is voluntary. Yes, we've had this issue also. The employee wanted the training to enhance his career in the military. We allowed him to use vacation or personal time. You are not required to allow the leave if it's voluntary training.

durasupreme · September 2004

This might fall under the category of (and I quote from the text of the USERRA law)
"...or to fulfill additional training requirements determined and certified in writing by the Secretary concerned, to be necessary for professional development, or for completion of skill training or retraining".
My son is a Reservist, was in Iraq for a few months last year, and has taken "intermittent" leave at times to attend training that will apply toward his attainment of a higher rank. He received his E-8 classification earlier this year, and is now on leave again from his employer to serve actively at his unit as a training coordinator for the next year. Yes, it may create some hardships for employers to accommodate these intermittent leaves, but I am grateful there are men and women who are willing to serve their country when needed, and to receive the training they need to do so. Sorry, not venting, just getting a little emotional!

Rockie · September 2004

Not aware of training for the military done on an intermittent basis. When an employee who uses military leave needs the leave, he usually presents an official "order" from his commanding officer.I would ask for a copy of his orders or the number of his commanding officer to discuss this matter with them to make sure it's legit.

Parabeagle · September 2004

I have actually been that "intermittent reservist" a couple of times. Whether the training is voluntary or involuntary, as long as the individual is on offical orders (either "inactive duty for training" or active duty) USERRA applies and I would just count the intermittent leave against his 5-year maximum.

Rockie · September 2004

>I have actually been that "intermittent
>reservist" a couple of times. Whether the
>training is voluntary or involuntary, as long as
>the individual is on offical orders (either
>"inactive duty for training" or active duty)
>USERRA applies and I would just count the
>intermittent leave against his 5-year maximum.

Beagle: Just a technical type question. I understand a reservist having orders, etc. What about a person who is given his two weeks a year, but volunteers for approximately 4-6 additional weeks year reserve leave? He knows he cannot be docked his vacation time when he is on military leave, so this continues to bank up. He then comes back and expects that he can take 3-4 weeks of vacation much to the disgust of his co-workers who have picked up the slack during his volunteer stints for the military. Is there any type of limit to how much time a person may be away for voluntary leave? (I certainly understand and support the military, but don't want to be taken advantage of someone who is "working the system").

Rockie · September 2004

Beagle and Others: I checked with our employment attorney (who is also a reservist) and he stated that indeed, you can serve on an intermittent basis. He stated as long as there are official orders issued from a CO, then this must be honored.

There are several different types of leave - the general 2 weeks of military leave during the year, a true deployment; and leave which is sporadic or intermittent. Any of these requests should be accompanied by an official order.

He also stated if you have any questions concerning whether orders are official or not, you can always call the commanding officer.

Intermittant Military Reserve Training

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