military leave.. best way to approach my company?

Question

ok so I am in the Navy Reserve and I have orders to report for annual training in hawaii next month for 17 days. I started working for a new company in my (civillian) job 6 months ago and basically there policy is not to pay a penny for people who go on military leave. My job and insurance benefits are protected as per the USERA laws.

ok so legally they are not obligated to pay me my salary during my leave (I am an exempt employee and earn a yearly salary at my company). The last company I worked for was a bit more friendly to the military and changed their policy so they would pay me differential pay during my leave.

I will be actually doing some work over for my company over the VPN remotetly when I am away so they somewhat expect me to work but then don't want to pay me a dime. Do you have any any advice on how I can convince my company to go around policy and maybe pay me differential pay or paid time off??

Answer 1

Just inform them that since they are unwilling to pay you, you will not be doing any work for them while on Military training.

Answer 2

I would ask a lawyer if what they're doing is legal. I would say the leave without pay might be typical if you've only been working there for 6 months. HOWEVER if they expect you to still do some work you should be paid for that.



Most lawyers will give you a free consult. But I don't know, sounds like a rude company, sorry you're going through this, but have fun in Hawaii!

Answer 3

Don't enlist in the military as a means to become an officer. If you want to be an officer, either finish your degree and apply to OCS or better yet, speak with an ROTC unit to get a scholarship and a small monthly stipend. If your reasons for joining are what you describe, though, you can achieve those results as an enlisted man just as easily as an officer. You will be able to finish you degree as an enlisted sailor or airman, most senior enlisted have a bachelors and some even have graduate level degrees (all fully funded by the military). Your education and experience may give you a higher starting rank and should help you succeed in some of the more competitive, faster advancing enlisted jobs that offer big bonuses. Bottom line, though, unless you respect the career choice of the senior NCOs that you will be working for (which most people who "enlist to become an officer" do not) and can legitimately see yourself making that same career choice, you will fail in your enlistment.

Answer 4

Your employer wants their cake and eat it too? Even though Grumpy got the branch wrong, you belong to the Navy while on AT. It is not written you will have the time or energy to complete your civilian tasks. I have been on AT to HI...moving cargo years ago. We LUCKED UP and were put out in town in a condo high rise 2 blocks from the beach. We were so tired after working about 18 hours a day, food, shower, and sleep were our goals at the end of the day. We finished up 10 days early though, and the rest of the time was ours.



If the employer is not willing to pay, I wouldn't find the time to work. If you are doing work for the Navy that requires concentration and to be alert, cutting your sleep time to do civilian work could land you in trouble if a mishap occurs or the potential exists. Talk to a USERA representative and see what they tell you. Pretty much, while on duty with the Navy, you BELONG to the Navy. The Navy will pay you, and they want you at your best....doing your best.



With you not leaving until next month, your employer has plenty of time to find someone to cover your tasks, even if you have to train someone. What would they do if you were deploying? If they aren't going to pay you, then there's the money for a temp.



I hope this helps. Good luck with finding a resolution works for YOU.



18 years Naval Aviation

Answer 5

The Soldiers and Sailors Relief act, and its various forms are what protect your job.



If they won't pay you, which they aren't obligated to do by law, perhaps you can use vacation time for that so you don't lose any money.



As far as doing work for them, watch out. If you use a personal laptop to do the work on your non duty hours, it might be okay, but you will have to get permission for your unit commander to do that, and there are forms for that.



Soldiers can not get part time jobs, or do any work for anyone else without proper documentation. Believe it or not. You belong to the Army during your Active Training time and are subject to all regulations and policies.



Talk to your First Sgt. about that.

Answer 6

By law, they must give you time off for military duty and sometimes the best way to do this is just file a copy of your orders with them.



On the other hand the law does not say that they have to pay you for the time off, though that they cannot discriminate against you because of military service.



I certainly wouldn't do the work for them if they weren't paying me but don't know how much free time you'll have on AT.

Answer 7

OK, if you earn a yearly salary what is the problem, you will be getting paid anyway.....thanks for the 2 points