Do civilian employers still have to pay me my salary while I am at annual training?

2LT Private RallyPoint Member — Wed, 20 Nov 2019 11:54:23 -0500

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?

Response by MSG Private RallyPoint Member made Nov 20 at 2019 11:59 AM

MSG Private RallyPoint Member — Wed, 20 Nov 2019 11:59:22 -0500

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.

Response by SrA John Monette made Nov 20 at 2019 12:22 PM

SrA John Monette — Wed, 20 Nov 2019 12:22:08 -0500

i think that would be up to your employer. check with your human resources

Response by MAJ Private RallyPoint Member made Nov 20 at 2019 12:40 PM

MAJ Private RallyPoint Member — Wed, 20 Nov 2019 12:40:32 -0500

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

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

Response by SFC Myron Mckenery made Nov 20 at 2019 1:49 PM

SFC Myron Mckenery — Wed, 20 Nov 2019 13:49:58 -0500

IT'S SOUND LIKE YOU ARE TRIEING TO SUCK THE SYSTEM FOR ALL YOU CAN GET. JUST WHO DOSE YOUR JOB WILE YOU ARE GONE???? AS FORMER EMPOLYER I HAVE HAD MY FILL OF PEOPLE WHO WANT ALL THE CAN GET. BUT THE FAIL TO SEE THE JOB MUST GO ON AND YOU ARE NOT THERE,
MUST I HIRE A TEMP TO DO YOUR JOB OR DO I BURDEN IT ON TO SOME OTHER EMPLOYE????
AND YOU WANT PAY FOR DOING NOTHING??? FIRE YOUR ASS!!!!

Response by CAPT Kevin B. made Nov 20 at 2019 1:52 PM

CAPT Kevin B. — Wed, 20 Nov 2019 13:52:50 -0500

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.

Response by SSgt Private RallyPoint Member made Nov 20 at 2019 3:28 PM

SSgt Private RallyPoint Member — Wed, 20 Nov 2019 15:28:26 -0500

2LT Private RallyPoint Member the way my employer does it, sir, is that they continue to pay me. However, they will only pay the difference between what I am making from the military and what I would normally make annually if I were only getting paid by my employer.

Response by SPC Stewart Smith made Nov 20 at 2019 3:39 PM

SPC Stewart Smith — Wed, 20 Nov 2019 15:39:53 -0500

It depends where you work. In NY a private company does not have to pay you.
You should call the department of labor and ask them.

Response by MAJ Private RallyPoint Member made Nov 20 at 2019 4:28 PM

MAJ Private RallyPoint Member — Wed, 20 Nov 2019 16:28:46 -0500

No they do not have to pay you. I work for the VA and they give me 15 days of paid military leave a year (which I am thankful for!), but once that leave is used up I must use my vacation time if I want paid my VA salary. If I don’t have leave then I go into leave without pay status and just have to eat the loss. Yeah it sucks. Especially since I had to go to 4 weeks of training for a school and then will have over 3 weeks at another school this year, and I also have to take almost a week off for travel to and from quarterly drills with my home unit over 1000 miles from my home.

Response by SSG Private RallyPoint Member made Nov 21 at 2019 3:08 PM

SSG Private RallyPoint Member — Thu, 21 Nov 2019 15:08:36 -0500

No, some companies will pay you, some won't. You can check with USERRA but pretty sure you are not entitled to pay.

Response by CW4 Craig Urban made Jun 13 at 2021 3:04 AM

CW4 Craig Urban — Sun, 13 Jun 2021 03:04:55 -0400

No. Read the book LT. I had majors work for me as a GS 13. You should to back to school

Response by LTC Private RallyPoint Member made Jun 13 at 2021 8:15 AM

LTC Private RallyPoint Member — Sun, 13 Jun 2021 08:15:52 -0400

They can't require you to use vacation days but any days off beyond any military leave they may offer would be unpaid.

Response by SFC Mike Thompson made Jun 13 at 2021 5:54 PM

SFC Mike Thompson — Sun, 13 Jun 2021 17:54:16 -0400

There is no Rule in Texas for your Employer to pay you! They can choose to if they want. When I came into the Guard in 70, my Company paid the difference of what I was making compared to my Annual training. They didn't have to. At a different job they didn't pay me for being gone; but they did bank my PTO (40 hrs)and Vacation 3Weeks. They didn't have to either. I was gone plenty from Oct 2001 till Sept 2007. Wife loved it ! Pay was great from 2002 till retirement (22 1/2) in Dec 2007.