<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dmanzer:
I had applied and got hired at a "Public Saftey" company and after given a schedule the owner was not willing to give me time off for travel to and from Reserve drills. He was aware of the reserve commitment. After discussing with him that I could not work the friday night prior to drills and sunday night after drills due to the travel time. He refused to give me the time off and stated that the law stated that he only have to hold my position when and if i got deployed. But, I know for a fact that the law states the I must be given 8 hours before and after drills with enough travel time. Now, I need to now how and if I can file federal charges against this company and file a civil suit for discrimination. If you have any help for me please contact me. Thanks <HR></BLOCKQUOTE>
My response:
Your employer is not only wrong, he's as ignorant as the day is long. And, if he keeps this up, he's in for a BIG time lawsuit and damages.
Your question, in essence was:
"Can an employer refuse to allow an employee to attend scheduled drills or annual training?"
No. Employees must be excused from work to attend inactive duty training (drill) or annual training and the employer must treat the employee as if he or she has not been absent. Read the entire Act, below, and then shove it down his anti-patriotic, non-American, foreign acting, stupid, throat !!
After you come back, and he fires you, ask him very nicely if he'll put the reason in writing, then get your final paycheck. DO NOT go home. Go to an attorney's office, and start your lawsuit.
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION: Begun and held at the City of Washington on Tuesday, the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To amend title 38, United States Code, to improve reemployment rights and benefits of veterans and other benefits of employment of certain members of the uniformed services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Uniformed Services Employment and Reemployment Rights Act of 1994".
SEC. 2. REVISION OF CHAPTER 43 OF TITLE 38.
(a) Restatement and Improvement of Employment and Reemployment Rights: Chapter 43 of title 38, United States Code, is amended to read as follows:
CHAPTER 43--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES
SUBCHAPTER I--GENERAL
4301. Purposes; sense of Congress.
4302. Relation to other law and plans or agreements.
4303. Definitions.
4304. Character of service.
SUBCHAPTER II--EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS
4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited.
4312. Reemployment rights of persons who serve in the uniformed services.
4313. Reemployment positions.
4314. Reemployment by the Federal Government.
4315. Reemployment by certain Federal agencies.
4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service.
4317. Health plans.
4318. Employee pension benefit plans.
SUBCHAPTER III--PROCEDURES FOR ASSISTANCE, ENFORCEMENT, AND INVESTIGATION
4321. Assistance in obtaining reemployment or other employment rights or benefits.
4322. Enforcement of employment or reemployment rights.
4323. Enforcement of rights with respect to a State or private employer.
4324. Enforcement of rights with respect to Federal executive agencies.
4325. Enforcement of rights with respect to certain Federal agencies.
4326. Conduct of investigation; subpoenas.
SUBCHAPTER IV--MISCELLANEOUS PROVISIONS
4331. Regulations.
4332. Reports.
4333. Outreach.
SUBCHAPTER I--GENERAL
§ 4301. Purposes; sense of Congress
(a) The purposes of this chapter are--
(1) to encourage noncareer service in the uniformed services by eliminating or minimizing the disadvantages to civilian careers and employment which can result from such service;
(2) to minimize the disruption to the lives of persons performing service in the uniformed services as well as to their employers, their fellow employees, and their communities, by providing for the prompt reemployment of such persons upon their completion of such service; and
(3) to prohibit discrimination against persons because of their service in the uniformed services.
(b) It is the sense of Congress that the Federal Government should be a model employer in carrying out the provisions of this chapter.
§ 4302. Relation to other law and plans or agreements
(a) Nothing in this chapter shall supersede, nullify or diminish any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter.
(b) This chapter supersedes any State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that reduces, limits, or eliminates in any manner any right or benefit provided by this chapter, including the establishment of additional prerequisites to the exercise of any such right or the receipt of any such benefit.
§ 4303. Definitions
For the purposes of this chapter--
(1) The term 'Attorney General' means the Attorney General of the United States or any person designated by the Attorney General to carry out a responsibility of the Attorney General under this chapter.
(2) The term 'benefit', 'benefit of employment', or 'rights and benefits' means any advantage, profit, privilege, gain, status, account, or interest (other than wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.
(3) The term 'employee' means any person employed by an employer.
(4)(A) Except as provided in subparagraphs (B) and (C), the term 'employer' means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including--
(i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related responsibilities;
(ii) the Federal Government;
(iii) a State;
(iv) any successor in interest to a person, institution, organization, or other entity referred to in this subparagraph; and
(v) a person, institution, organization, or other entity that has denied initial employment in violation of section 4311.
(B) In the case of a National Guard technician employed under section 709 of title 32, the term 'employer' means the adjutant general of the State in which the technician is employed.
(C) Except as an actual employer of employees, an employee pension benefit plan described in section 3(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)) shall be deemed to be an employer only with respect to the obligation to provide benefits described in section 4318.
(5) The term 'Federal executive agency' includes the United States Postal Service, the Postal Rate Commission, any nonappropriated fund instrumentality of the United States, any Executive agency (as that term is defined in section 105 of title 5) other than an agency referred to in section 2302(a)(2)(C)(ii) of title 5, and any military department (as that term is defined in section 102 of title 5) with respect to the civilian employees of that department.<
