I have a question concerning the USERRA. From what I am reading, it does not say anything about the National Guard, but I'm assuming they are included.

The situation that just came up is, we have a long standing employee in the Guard and said that last weekend, when he was scheduled to work and gave no notice, said that he had duty. Come to find out, he didn't and didn't show up for work either. Today he said he is now scheduled for duty this weekend. Again, no notice. From what I can find, they are to give us notice within 5 days of themselves receiving notice.

We have another employee, who has been with us just one month, said the same thing, that last weekend he had duty, was cancelled, and now this weekend he has duty. Again, from what I can find, he doesn't even qualify since he hasn't worked for us long enough. The long term employee told his manager that she has to let both of them off this weekend or they will sue.

Okay, I admit my nose is out of joint because when someone threatens it makes me want to dig in my heels. We have always been generous to our personnel in the military and hold them with high regard, but this guy is pushing it and I don't give in to threats.

Does anyone know if the National Guard gives their personnel notice? I can't find anything that specfically adddress the Guard.



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  • My husband was in the National Guard for 13 years. Yes, USERRA does apply to them, and yes, he was always given adequate notice so he could arrange to be off work for Guard duty when he needed to be.

    Their normal weekends were always scheduled enough ahead that he could usually put it on the calendar at work well in advance, and I would imagine that should be standard procedure anywhere there is a Guard unit. If he were called in for emergency duty, it would have been different, but just for normal Guard weekends (which I assume is what you are dealing with) or the two-week annual active duty, he always had plenty of notice.
  • Thanks so much! I'll pass this information on. I appreciate it.
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