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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118789
Experience:  20+ Years of Employment Law Experience
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I,M A TITLE 32 DUAL STATUS EMPLOYEE, CIVILIAN MILITARY

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I,M A TITLE 32 DUAL STATUS EMPLOYEE, CIVILIAN MILITARY TECHNICIAN. MY QUESTION IS SINCE THE AGENCY REQUIRE'S US TO BE A MEMBER IN THE GUARD , PHISYCAL FITNESS THAT WOULD BE EMPLOYEE'S RIGHT TO HAVE TIME TO WORK OUT SINCE IT IS REQUIREMENT TO BE IN THE GUARD, WHICH MEANS THE AGENCY REQUIRES IT SO THEY NEED TO GIVE US RESONABLE TIME TO DO PT EVRY DAY TO MEET THE STANDARDS TO STAY EMPLOYED. WHAT LAWS WOULD IF ANY WOULD BACK THAT THOUGHT?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: OHIO
JA: Is the employment agreement "at will," union, full time or part time?
Customer: WE ARE FULL TIME DOD EMPLOYEES CIVILIAN , COVERED BY UNION.
JA: Anything else you want the lawyer to know before I connect you?
Customer: NO THATS IT.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, there is nothing in the Title 32 provisions or the CFR providing an employee time to do PT while actually working their job. The employer is paying you to do work. While they require you be in the NG, they are not responsible to give you time to do PT during your work day. The NG is a requirement and any PT required for them is the employee's responsibility. This is no different than an employer expecting a nurse who needs a license to keep up with their continuing education on their own time and to pay for their license renewals (like they do to title 32 employees at the VA).

So I am afraid that none of the title 32 or CFR address providing time on the clock to do PT and that is something that is up to the individual agency and the supervisory staff at that agency if they wish to allow it or not.

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