Posted on Nov 20, 2019
Do civilian employers still have to pay me my salary while I am at annual training?
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I have two rounds of annual training this calendar year and ate up all my vacation time on the first week of the summer. My job gave me the leave but it was unpaid. Are they supposed to pay me if I am on salary? I can never actually use my days for anything because of this. Is there anyone that I could contact about this in Texas?
Posted 5 y ago
Responses: 12
I don't think so, but I would recommend you contact your nearest Department of Labor and they should be able to answer that question. Because when I looked up the USERRA, I didn't see anything stating that salary employees are to be continually paid. I could be wrong, though. One caveat on something I read is that if you worked part of the week in your civilian job and then left, you have to be paid.
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There never was a requirement to pay anybody anything. You must have been listening to urban myth. The Feds and some states like Texas pay up to 15 days of military leave, but that's an administrative choice (regulation), not law (USC). That's it. No other entity is required by law to pay you. It would fail in the courts as an unfunded mandate thing or improper taking of property. What some companies do is make up the delta in pay (time limit there too) if your MIL pay is less than regular pay. Others just call it unpaid leave and bitch about having to take you back.
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It depends on your employer. If you work for a state, county, or municipal entity, then I believe Texas law provides that they must continue to pay you. Many private employers also provide paid military leave. Make sure that your employer knows that you are taking leave for military duty, not just vacation time. These folks can give you more specific guidance:
https://www.esgr.mil/About-ESGR/Contact/Local-State-Pages/Texas
https://www.esgr.mil/About-ESGR/Contact/Local-State-Pages/Texas
Employer Support of the Guard and Reserve About ESGR Contact Local/State Pages Texas
John Steele Volunteer Support Technician PO Box 5218 Austin TX 78763 512-782-5829 john.h.steele4.ctr@mail.mil
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2LT (Join to see)
Thank you! I have heard about them before but could never remember completely where to look for them.
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MAJ (Join to see)
2LT (Join to see) - Every Guard and Reserve unit I've ever seen in Texas has a poster about them on a wall somewhere, but sometimes it blends in with the woodwork.
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