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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13564
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I submitted the question a few minutes ago about how to handle

Customer Question

I submitted the question a few minutes ago about how to handle an employee reservist that is requesting more and more frequent additional military leave with short notice, typos on the orders, orders that are not signed and commanding officers that will not return my phone call
Submitted: 3 years ago.
Category: Military Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Sorry...I can not see any prior questions on this account. This account shows only this question...did you ask with a different account possibly?

If you want to input the question I can take a look at it....
Customer: replied 3 years ago.

I had opted to edit this question to provide more information. Just finished. Got a message that you had already responded and that my edit was to long.

Expert:  P. Simmons replied 3 years ago.
Sorry...let me know if you need more time or information.

Customer: replied 3 years ago.

I have an employee who is a reservist. When hired it was understood that there would be ~2 weeks a year and a weekend a month with an occasion (2 -3 times a yr)additional day required for military leave unless deployed. The summer of 2013's leave was 2 /1/2 weeks weekend drills are now frequently 3 or more days. The leave request are given with no more than 3 days notice with the last one having the wrong month and year. I questioned the individual and they blamed the commanding officers, but did get a corrected order copy. I have called the phone on the orders and left messages; no call has been returned. The phone is for an officer other than the one listed on the orders. My husband was in the reserves for 16 years; this isn't normal. When I question this person they blame the commanding officers.

Expert:  P. Simmons replied 3 years ago.
ahh...thank you

That makes sense. And I understand your concerns. Tell me, is this employee providing documentation for the absences (copies of the orders that are required for duty)?
Customer: replied 3 years ago.

The individual does submit orders. The orders are supplied with increasingly short notice. I have asked for more notice. I am told that the commanding officers will not provide more notice.


The orders for July 2013 were with 3 days notice for the weekend drill requesting an additional day (Friday). The dates were wrong July 2012. When I questioned the individual they stated it was a typo and the commanding officers fault. I told the individual they would need to submit corrected orders. They did get the orders correct.


These orders do not include a signature. They are just typed emails. is this normal?

Expert:  P. Simmons replied 3 years ago.
Emails are used to generate orders...but the orders himself are not emails...they are orders.

What is your goal here? Are you simply looking for more notice from the employee? Or is it you think that the employee may be "faking" this?
Customer: replied 3 years ago.

How do I get an appropriate notice for leave military. Right now I don't know if the problem is the individual or the military. The individual blames the military.

Can an individual volunteer for training (which may require more military leave from an employer) and not notify their employer? This individual was recently turned down for pilot training after several months. The amount of requested leave continues to increase.

My goal is to get some help and answers.

Expert:  P. Simmons replied 3 years ago.
Understand. I have to step away for several hours so am not able to work with you now. I will opt out and allow others to assist. I wish you the best of luck with this.
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