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what are the rules/laws regarding leaving a job to go to Guard training?

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dickburns

Well-known member
Joined
May 23, 2006
Posts
265
Is the employer required to allow you to keep your job? seniority?

If you were to join a "traditional" guard gig (part time flying), but had to take 2-3 years (I'm guessing...however long flight training takes) off to train and get checked out, could you have your old job back when you returned, and is your employer required to keep it for you? How about seniority?
 
What your looking for is the The Uniformed Services Employment and Reemployment rights Act of 1994. You can Google it.
 
I found this...

Will my period of active duty be considered a break in service with my employer and impact my eligibility to participate in my employer's retirement plan or my vesting or benefit accrual under the plan?
No. USERRA requires that the period of military duty be counted as covered service with the employer for eligibility, vesting and benefit accrual purposes. Returning service members are treated as if they had been continuously employed regardless of the type of retirement plan the employer has adopted. However, a person who is reemployed is entitled to accrued benefits resulting from employee contributions only to the extent that he or she actually makes the contributions to the plan.


see the part I underlined, does that mean it includes seniority, too?
 
Your job will be waiting for you and your seniority and longevity continue to accrue. That is protected by law.

Basically there are two types of orders, voluntary and involuntary.

Voluntary: Pilot training, the good deal to Germany, etc... Usually companies will give you five years of this type of orders. I believe USERRA allows five year on these types of orders.

Involuntary: Activated against your "will", ie unit activation to Iraq. You can stay on those orders for an unlimited amount of time.

*** Before anyone starts, I went to Iraq by my free will, I didn't use that phrase as a anti-war deal. It is the only way I can think of explaining it. ***

Remember that today the ANG/AFRC is no longer the "weekend warrior" club. We are basically a low cost active duty component. Expect to spend time in Iraq and Afghanistan and other garden spots. The days of one or two flights a month are pretty much over.

Good luck.
 
Well said. You can add "Better look with a better sense of humor."
 
Another trait I've noticed about Guardsmen who work in an active duty unit wearing the same uniform...how do you tell them apart?

The Guard guys are smiling. TG or AGR...doesn't matter...
 

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