USERRA
lydmetoo
16 Posts
During interview employee advised they had 2 weeks of militry drill to complete this year. This was about 3 months ago. Employee has not been to work in 3 days. Word on the floor is they they are on thier 2 weeks drill. No notice was given to HR or Supervisor. In reviewing some of the USERRA Law (Section 4312 (a) (1)) ...Requires all employees to provide their employers with advance notice of military service. Notice may be either written or oral. It may be provided by the employee or by an appropriate officer of the branch of the military in which the employee will be serving. However, no notice is required if:
- Military necessity provents the giving of notice; or
- The giving of notice is otherwise impossible or unreasonable.
Although USERRA does not specify how far in advance notice must be given to the employer the employee should provide notice as far in advance as is reasonable under the circumstances. The notice may be informal and does not need to follow any particular format.
So, informal, verbal notice was given at time of the interview. Is this suffecient?. Is no documentation of this 2 weeks required? Anyone could just say they had 2 weeks drill and be gone.
Has anyone else had to deal with this issue or have any thoughts on how to deal with it?
Thanks.
Comments
The employee didn't specify the date of the 2 weeks. He was told to notifiy us in advance of his required leave time. Agree...."Word on the floor" isn't enough to go by. Have tried contacting employee but have not been able to reach.