Going into Military

HR IN AL

I need some direction. We have employee who is in process of gaining entry into National Guard. He has missed several days doing processing to get ready to enter into guard. He is not officially in however and we have a no fault attendance policy which gives employee points for absences no matter the reason. I know once he is officially in the guard he will be clear for absences due to official duties but what about before hand?

We have never had this come up before.

ACU Frank

Is the employee eligible for FMLA? If so, check the new FMLA regs that specifically affect members of the National Guard and/or Reserves. You definitely don't want to get caught on the wrong side of this one.

HR IN AL

Yes, he is eligible for Fmla. My question is though - he is not officially in the guard just doing paperwork and such. I want to do the right thing but my thinking is that until he is official - he is not covered under this.

sonny

I think USERRA might apply more so than FMLA regs. which I understand to apply to active duty issues. I took a quick look at my volumes of stuff and could not readily find an answer to your question. Right or wrong, when we have had an existing employee decide to enlist we have allowed them to use vacation time to try and get in. They are not penalized, but we do not pay until they are official.

joannie

Sorry I don't know the answer to your question, but this link might put you in touch with someone who does.

[url]http://www.esgr.org/Site/Resources/EmployerResourceGuide/tabid/106/Default.aspx[/url]

joannie

Just spoke with our local employment security veterans advocate. Your employee would be covered under USERRA. Taking examinations or preparation for military service is specifically mentioned.