Can a county employer (Sheriff's Office) require a reservist or guardsman to take vaction days to attend their drill weekend when their work schedule would include them working those days? What is the specific law regulating this? I was under the impression they had to rearrange your work schedule.
Country relating to Question: United States
State (if USA): New Jersey
Working with the employer, refering them to USERRA
Hello,Thank you for the information. Under USERRA an employer man not require a servicemember to use their paid vacation leave when the servicemember needs to take time off for military duty purposes. The specific section of the Act is: Title 38, United States Code section 4316(d). You can see that provision at: http://www.dol.gov/vets/usc/vpl/usc38.htm#4316 This is the subsection that I am referring to:(d) Any person whose employment with an employer is interrupted by a period of service in the uniformed services shall be permitted, upon request of that person, to use during such period of service any vacation, annual, or similar leave with pay accrued by the person before the commencement of such service. No employer may require any such person to use vacation, annual, or similar leave during such period of service.If you cannot work this out with your employer, which you should be able to if you speak to someone in HR, then you can file a complaint with the U.S. DOL (VETS). You can find out more about that at: http://www.dol.gov/elaws/vets/userra/remedies.aspPlease let me know if you have any follow up questions for me.You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I, unfortunately, have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.
Licensed Attorney with 27 yrs. exp in Employment Law
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