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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33086
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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This is regarding State Guard( Army, Air Force), and Coast

Customer Question

This is regarding State Guard( Army, Air Force), and Coast Guard Auxiliary.
Am I excused ( Federal Law) from work on weekends that I have drills? The same way I'm excused in the Reserves.
Submitted: 5 months ago.
Category: Military Law
Expert:  P. Simmons replied 5 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

This depends...are you talking about the weekend drills? Or are you referring to when you are "activated" for service?

Customer: replied 5 months ago.
This is weekend drills mainly . I don't know if the State guard have AT. Remember that I'm talking State Guard,and Auxiliary , which is non paid.
Expert:  P. Simmons replied 5 months ago.

Thanks

THe law that applies is federal law. It is called the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The federal law requires that the employer provide the employee a job (hold their position) if they are called away to federal service.

BUt this will not apply to guard drills...since that is not considered federal service. That is, in essence, work for the state employer.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 5 months ago.
But in the Reserves(TPU, regular drilling Reserves) , weekend drills are excused from work by law.
Expert:  P. Simmons replied 5 months ago.

Yes...that is because the reserves operate under federal law...and the guard operates under state law (until they are activated under Title 32, US Code for federal service)

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