Military activation

[loocpoc]

As an Investigator for VA Office of Inspector General, I hope I can answer some of your questions.

"If someone is on military leave in the beginning and then VOLUNTARILY extends their leave, is the employer OBLIGATED to keep their job?"

Yes they are required to keep their jobs even if the activation is voluntary. SSARA allows for voluntary activations.

Just because they serve stateside does not mean anything. They are still activated and still have all the rights and privledges afford to them.

As mentioned, it sounds as if "Employee B" is merely a temp to cover the activation. He would be afford benefits if he is over 1 year and under 4 years and his postion is convertable into a full time postion. I dont believe he would be eligble for TSP retirement or FERS retirement. Your agency rep would have to contact OPM in order to convert them so they would be eligble for retirement benefits.

"We are a Federal agency, supervised by the State office and believe me if you call them for advice, you will not get any."

What Fed agency do you work for which has a state supervision?

 

[dequeendistress]

Thank you...The reason for the questions was due to the military employee, many years he used his duty weekends as a reason to leave work the prior day. This did not mean he reported to the military that day, usually he was at his home. Yet he claimed he was due pay and leave for having to do weekend duty.

This is why I said it appears persons abuse the law...I may have been wrong for stating that opinion. I do believe in ensuring persons are not penalized for military service. I was married to an officer and my father is a retired Colonel.

The question on the volunteering was meerly a question, one that I was told to research.

The reason I made the stateside comment is that I was trying to deter any comments to my post concerning disrespect to a person under fire. That is all.

In response to the agency I work for...because I may post questions here and would prefer not to be marked as a problem by my superiors, as has happened when I have simply them asked questions. Of course, when I had read a regulation and field staff told me differntly than the reg, and I questioned it...well you see what I mean. I truly am aprehensive in saying exactly who I work for... No I am not pretending to be involved in covert operations. Let's just say this agency exists in all states, and sometimes are county or city entities...I am rambling...sorry.

 

[loocpoc]

Its legal for him to take a day prior as long as he used either A/L or comp time. He can also take military leave which I belive he is granted for 15 days per yr for reserve duty. I used to take M/L the day prior to my reserve duty and just take a mix of A/L and C/T for my 2 weeks activation. Your best bet is to contact OPM and they can most likely send you the regs.

If he was just taking the day off without using A/L or C/T then he would either be put into LWOP (Leave without pay) or AWOL for the day. He would not be entitled to accruing leave under those circumstances. It would also have to be registered under his time card that he was either AWOL or LWOP for the day and that he is not paid. If he is being paid and in one of those 2 catagories, then its fraud and it is a criminal offense and he can be required to pay back all the money for which he had been paid. His supervisor can also be charged with falsifying govt. records for falsifying his time card.

Just my opinion but it seems like he was just taking C/T, A/L or M/L which would allow for him to still accrue pay, A/L and S/L for the day.

I think you and I work for the same agency, its one of the few that is at the Fed, state, and local levels andhas this much stupidity.

Accronyms used:
A/L= Annual Leave
S/L=Sick leave
M/L=Military Leave
C/T- Comp Time

 

[dequeendistress]

We are regulated by the same people...*wink* I think...Shoot I am not sure who does what until someone does something wrong!
(while replying to another post I thought of you...I am an instigator not an investigator)

He took A/L the day prior to his weekend duty and then took A/L for his two weeks and when I -yes it was me- brought up that he was receiving in excess of 15 days a year and that it was not within the regs-again I am the bad guy- anyway. He is an hourly employee and not eligible for comp time.

Thank you for your very informative reply!!!

 

[loocpoc]

If he is an hourly employee (Im guessing in the WG system vice the GS) he is still eligble for C/T however there rules are weird and Id have to dig them out.

If he is using A/L for his military time, he should be ok. Remember A/L is accrued at certain amount of hrs per pay period (I get 6 per period). He can use that in conjunction with his military leave time which I belive is either 14 or 15 days a year.

If you need anymore help, I suggest you contact the HR folks for the VA down in Topeka at the Shared Service Center as they can most likely can either email or send you the info you request.

 

[dequeendistress]

"When the called to duty employee returns do they have to complete a job application for the job they left, another employee asked me, so I am asking all of you?" No. You are not re-hiring the returning vet, you are REINSTATING him or her. The reinstatement must be seamless, as though they never left, including any benefits and wage increases that would have accrued to them had they not been gone.

I hate to bring this back up, but as I was researching I found the following...USSERA Resource guide...It does state that employees absent due to military service from 31 days and up must submit an application for reemployment.

as stated:
Service of 31 to 180 days. An application for reemployment must be submitted no later than 14 days after completion of a person's service. If submission of a timely application is impossible or unreasonable through no fault of the person, the application must be submitted as soon as possible. If the 14th day falls on a day when the offices are not open, or there is otherwise no one available to accept the application, the time extends to the next business day.

Service of 181 or more days. An application for reemployment must be submitted no later than 90 days after completion of a person's military service. If the 90th day falls on a day when the offices are not open, or there is otherwise no one available to accept the application, the time extends to the next business day.

Manual is in PDF format http://www2.dol.gov/vets/#userra Link is listed as USSERA Resource Guide

Publication date of this manual is September 2003.

 

[Beth3]

dequeen, that speaks to the returning employee's need to notify their employer of their desire to return to work. In this context, "submitting an application for re-employment" does not mean that the employee literally must complete an actual application form.

A returning member of the armed services who has "applied" for remployment with their employer (i.e. notified them of their availability for work) within the required time frame must be REINSTATED by the employer on the same basis as when they left, along with any benefit accruals, excepting those things that would have changed regardless of the employee's military leave.

 

[dequeendistress]

O.K.

Thanks, guess the wording of their manual needs to be revised to state:

Notification instead of application.

I understand all the reinstate requrements...IE Employee will return with same basis and applicable raises etc. So you do not have to keep reiterating.

I questioned the statment "complete an application" to mean just as it is stated: Versus the returning employee is to notify the employer, which is not how it is stated in the manual.

I thought it meant an application (not necessarily an application for a new employee)...IE we can not make the determination not to allow the employee back. BUT that the employee MUST complete an application.

Thank you for your clarification.