Another interesting twist - federal law allows you the option to use earned vacation while performing military service; however, you cannot be required to do so. The only case where you could be required to use your vacation would be if your company has a planned shutdown period when everyone must take vacation, and your military service coincides with that period of time.
Your employer is not required to provide for vacation accrual while you are absent from work performing military service, unless accrual is permitted for employees on nonmilitary leave of absence of similar length.
Although some private and many government employers provide full or partial civilian pay to employees absent on military duty-usually for a limited period of time-the law requires only an unpaid leave of absence.
Federal employees are entitled to time off at full pay for certain types of active or inactive duty in the National Guard or as a Reserve of the Armed Forces. More information is available from the Office of Personnel Management site at: http://www.opm.gov/oca/leave/html/military.htm.
Currently, federal law does not guarantee equal rights and protections across the country to members of the National Guard and Reserve who are enrolled in schools, colleges and universities. Student members of the National Guard and Reserve are not guaranteed refunds of tuition and fees paid for the term they cannot complete. There are no provisions for partial course credit, or the right to return to the college or university upon completion of active service. However, help is on the way. The Service members Opportunity Colleges (SOC) organization is prepared to intercede for members experiencing problems, such as loss of credit in school courses due to call-up. If a student called to active duty is experiencing problems related to course credit, tuition, fees or re-enrollment in a program of study, he/she can call, toll free, 1-800-368-5622, or write to: Service members Opportunity Colleges, 1 DuPont Circle, NW, Suite 680, Washington, DC 20036. A representative from SOC will work with the student soldier and the institution involved to resolve the issue. Unit commanders with members experiencing such problems are urged to make every effort to ensure these members know this help is available.
So employers and employees alike please take note that The Department of Defense will send your company, through your unit commander, a personally prepared certificate of appreciation if you, the National Guard or Reserve member. The certificate comes mounted in a handsome folder, bearing the DoD seal embossed in gold. ESGR suggests to take time to do your best to detail the positives or as ESGR says, go ahead and brag about your boss because the greater the support the great likelihood of a higher award.
Each ESGR Committee (one in each state, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands) presents plaques to their six most supportive employers each year. The ESGR National Headquarters sponsors the prestigious PRO PATRIA award, presented each year by each ESGR Committee to their single most supportive employer. The Secretary of Defense presents the highest awards, the Employer Support Freedom Award, to the most outstanding employers for the year-one national winner and four regional semifinalists. Applications can be obtained from your unit ESGR representative, any member of your ESGR Committee, our Web site, www.esgr.org or by calling ESGR directly, 1-800-336-4590.
Inform you employer and your community about the impact of the military on the local economy. Work with your leadership to publish an annual financial report. Let the community know what your unit and others in the region contribute to the local economy through salaries, construction, and local purchases. Encourage your Public Affairs offices to develop and distribute press releases to local papers and television stations whenever events or actions occur that stimulate the economy. Visit http://web1.whs.osd.mil/mmid/pubs.htm for statistical information on the military in your state.
To reach the local ESGR Committee for information or assistance, contact ESGR Ombudsman or the ESGR website at http://www.esgr.org. Call ESGR toll-free at 1-800-336-4590 or call your your local National Guard or Reserve Unit. For further support the ESGR Ombudsman program provides "third party assistance" and informal mediation services to employers and members of the National Guard and Reserve. It works in conjunction with the Veterans' Employment and Retraining Service (VETS), U.S. Department of Labor. Volunteer members are trained by ESGR and VETS to provide assistance in the resolution of employment conflicts that can result from military membership, training or other service requirements protected under USERRA.
Be active in the community. Make the unit a live, vital element in the community. Cooperate in community affairs and work on supportive projects whenever possible within the military mission and you will see increased employer and community support. This is true for any Guard, Reserve, or former military person. The only way people know what you do and can appreciate it is to get to know them. Get to know others in your church or community through your actions, positive actions.
