Posted on Jul 17, 2019
Do reservists have to provide orders when missing civilian work?
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I was an officer in the RA, and never really dealt with reservists or the Nationals Guard. Now I have a Naval Reservist that tells me things like “my commanders called and said I have to get my well woman exam tomorrow” or “I have to go get vaccines because my unit called and said I must do it before the next drill”. Is this common? I ask because she is a remote employee, and I have complaints from my clients that she is hard to find, when she should be in the office 8-5 Monday through Friday. There was a day when I couldn’t find her at all, all day and she didn’t reply until the next day, stating her unit called her in. Does she have to provide orders to me when using her reserve status to get out of work?
Posted >1 y ago
Responses: 13
They need to provide notification to their employer as soon as they know they are leaving on orders. If they have orders in hand, then it's best practice to provide a copy prior to departure. But, if the trip is a short one, then orders can be provided after the trip. As for other things, like health/wellness exams, then some sort of documentation should be provided as proof so as to not violate USERRA.
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CPT Scott Brown
Thanks for the reply. I will have a discussion with her and let her know I need some documentation for absences going forward.
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Here at the State level Reserve and National Guard are afforded leave for Drill and job security when deployed but yes, there needs to be orders. Some have tried to fake the funk and lost their job for it. (fake orders).
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I don't know the rules for non-Government civilians; however, I know our Reservist that are Army Civilians provide us with a memo from the Commander and it is generic enough that it says To employer. They also can provide a copy of the active duty orders. Without one of those their pay record gets flagged when they take Military Leave until one is provided.
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CPT Scott Brown
Thanks for the reply. I will have a discussion with her and let her know I need some documentation for absences going forward.
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