Are there any laws that cover me to not go to work for my shift on Mondays after a drill weekend?

SSG Private RallyPoint Member — Sun, 08 Sep 2019 14:34:55 -0400

I am in NY National guard. I work midnight's and usually take the monday after my drills off. I have always had this request granted. Now my employer said no to my request. Are there laws that cover me to not go to work for my shift at work? How can I go to work when my orders end at midnight Sunday and I have been up since 4am Sunday? When am I supposed to sleep? And get to work safely and work safely?

Response by SFC Michael D. made Sep 8 at 2019 2:53 PM

SFC Michael D. — Sun, 08 Sep 2019 14:53:50 -0400

The laws only covers your Drill days. What your employee does for you is on them. They are not obligated to accomendate your schedule on non Drill days.

Response by 1SG Frank Boynton made Sep 9 at 2019 9:28 AM

1SG Frank Boynton — Mon, 09 Sep 2019 09:28:18 -0400

I've never heard of the military dictating to the civilian workforce what they can or can't do. Certainly, there are no Military regulations that would cover your situation. I'm at a loss of why all of a sudden your employer would change their minds and not let you take the time off, especially if you have the time off banked.

Response by MSG Private RallyPoint Member made Sep 9 at 2019 9:56 AM

MSG Private RallyPoint Member — Mon, 09 Sep 2019 09:56:26 -0400

Sorry to be the bearer of bad news. Once your military time ends at midnight, you become subject to your civilian job rules once again. If your boss doesn't want to grant the request AFTER a BTA, then it's a soggy crap sandwich you will just have to take a bite of. It certainly sucks, I know. But, you can always try talking with your HR to see what their input and possible recommendations are.

Response by PO1 Rick Serviss made Sep 9 at 2019 6:06 PM

PO1 Rick Serviss — Mon, 09 Sep 2019 18:06:43 -0400

I don't know of any laws that cover your situation.

Response by SSG Private RallyPoint Member made Sep 9 at 2019 9:16 PM

SSG Private RallyPoint Member — Mon, 09 Sep 2019 21:16:33 -0400

USERRA offers limited protections in this area. Depending on what time you are released from drill, a portion of your work day is covered. Your employer must allow you eight hours time off plus reasonable commute time. During a standard drill period you are not on orders until midnight, your military obligation ends when you are released from drill.

This excerpt from a USERRA explainer at justice.gov is relevant. Found at https://www.justice.gov/sites/default/files/usao-ednc/legacy/2011/04/29/EmploymentRights.pdf

14. After completion of weekend drill, what is the time limit for an employee to return to work?

Either the beginning of the next regularly scheduled work day or during that portion of the next regularly scheduled shift that would fall eight hours after the end of drill and a reasonable amount of time to commute home. For example, an employer cannot require a service member who returns home at 10 p.m. to report to work 2.5 hours later at 12:30 a.m. However, the employer can require the employee to report for the 6 a.m. shift, or scheduled work period, the next morning (after a reasonable time to commute from military duty to home followed by 8-hours). Included in the 8- hour period is time for rest and the commute to work.

EmploymentRights.pdf

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