Monday, January 30, 2012

Question about guard military leave?

I am thinking about joining the Air National Guard and I currently work part time at a christian bookstore. I would be gone for basic training and tech school for four months%26gt;%26gt; would i be able to classify this as military leave? so i could return to this job? why or why not?Question about guard military leave?
You should be able to class it as mil leave, it's not like you can come home at any point during this training. One caveat though is that your employer may try to skirt the law and say that it's not covered under USERRA which states that:

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. § 4301 – 4335) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other “uniformed services:” (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service. The federal government is to be a “model employer” under USERRA (38 U.S.C. § 4301).

The key words for you to pay attention to are "future military service". Make sure you give employer due notice and do not quit your job because then the employer is free and clear of any obligation to reinstate you into the workforce.Question about guard military leave?
reservist do not get leave, they get training. If they get activated you get two weeks off during your deployment for R and R but no leave time.

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