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Main Page Being Called to Active Duty
(Click here to view the original thread on the MassCops Message Board)

Posted by: Skidaddy

Does anyone out there know how a department "might" work with Reservist being called to Active duty?

The process and stuff.
I know this topic has been brought up before, but wanted to see if there was anybody that just went thru this process and what happened to them.

Posted by: ProudAmerican

Quote:

Originally Posted by Skidaddy

Does anyone out there know how a department "might" work with Reservist being called to Active duty?

The process and stuff.
I know this topic has been brought up before, but wanted to see if there was anybody that just went thru this process and what happened to them.

I'm going through a similar situation. I am currently in the hiring process with my local PD and may be getting deployed. So far they are very sympathetic and have told me not to worry about it because I would be in a protected class.

Posted by: Skidaddy

Yah my brother is about to be deployed in the next couple of months and didn't know what they would do if he gets a card when he's away. He'll be gone for a year so god knows what they would do for him. Just seeing if that happened to anyone on here. Atleast your already in process. Good Luck.

Posted by: AFCOP

First off... Should have joined the AF.... none of this 1 yr + deployment crap for us at the most our deployments are 6 months...Now with that Jab out of the way

I would talk to your unit and let them know you have begun the hiring process for a PD and see if they can put off your deployment, I know the Air Guard/AF Reserve units are willing to do this, not sure about the other branches...

Posted by: Skidaddy

Well he isn't in the process yet. I was just wondering if anyone was deployed and recieved a card when they were gone. And what the end result was. Thats all...

Posted by: MCLEA

You have numerous rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

See below:

http://www.dol.gov/vets/programs/userra/main.htm

Posted by: popo

Just do your time and don't worry about employment back here. Stay alive and healthy, that is your most concern. These jobs will be here when you come back, might have to wait. You can't expect a department to wait a year or more to hire you, when they need someone right away. When you return you will be a veteran and that status will give you preference on the list. Remember why you joined, not to get on a police department through preference, you joined to fight for our country. GOd bless America!

Posted by: mpd61

Quote:

Originally Posted by AFCOP

First off... Should have joined the AF.... none of this 1 yr + deployment crap for us at the most our deployments are 6 months.....

Thats why you're known as fly pussies!!!!
The ANG carries more weight than you pooves!

Posted by: Skidaddy

Ouch... Now that was a jab...........

Posted by: militia_man

Quote:

Originally Posted by mpd61

Thats why you're known as fly pussies!!!!
The ANG carries more weight than you pooves!

I'm an Air Force cop too, but I have to admit my blue beret wearing SP brother did open the door to Air Force jabs with that post.

Posted by: AFCOP

Quote:

Originally Posted by mpd61

Thats why you're known as fly pussies!!!!
The ANG carries more weight than you pooves!

And jealousy rears it's ugly head...

Posted by: militia_man

Quote:

Originally Posted by mpd61

Thats why you're known as fly pussies!!!!
The ANG carries more weight than you pooves!

You must of meant "ARNG" ANG = Air National Guard.

Posted by: mpd61

ah yeah.........

I must have meant that=D>

Posted by: SPDLEAJ52

Quote:

Originally Posted by Skidaddy

Does anyone out there know how a department "might" work with Reservist being called to Active duty?

The process and stuff.
I know this topic has been brought up before, but wanted to see if there was anybody that just went thru this process and what happened to them.

I was called to active duty from 2003-2004 and everything is protected. They have to keep your position, you still earn vacation and sick time, and your "time" in still accrues. What the sticking point for me was it had to be involuntary. When I came to the end of my deployment, I was offered a tour under title 32, which was voluntary. If I took that, then all bets would have been off. I came back in August of 2004 with no problems. The ESGR (Employer Support for Guard and Reserve (not quite sure of the website) has some good info for this situation, check it out.

SPDLEAJ52
Master Sergeant, ANG

Posted by: popo

Yeah but you WERE already working. This kid wants a department to hold off hiring until he comes back so he may get the position. No protection there as he is not an employee of the department.

Posted by: JoninNH

USERRA protects you under voluntary tours too, not just involuntary callups.

USERRA, 38 U.S.C. 4301-4333, Public Law 103-353, 108 Stat. 3149, completely replaced the Veterans' Reemployment Rights (VRR) law effective December 12, 1994. Under USERRA, if a military member leaves his civilian job for service in the uniformed services, he is entitled to return to the job, with accrued seniority, provided he meet the law's eligibility criteria. USERRA applies to voluntary as well as involuntary service [Section 4303(13)], in peacetime as well as wartime, and the law applies to virtually all civilian employers, including the Federal Government, State and local governments, and private employers, regardless of size. [Section 4303(4)]

(http://www.jagcnet.army.mil/JAGCNETI...4?OpenDocument)

Quote:

Originally Posted by SPDLEAJ52

Posted by: tun75

Quote:

Originally Posted by SPDLEAJ52

Sorry but i disagree with this portion according to esgr and Department of labor. you cannot be penalized for Military duty either voluntary or otherwise.
However in this case It would depend on where in the Process you are. If hired the Department (any employer) has to hold your position or give you an equal postion upon your return as stated by other in terms of vac sick etc.

Bottom line take the job go to the academy and when they cut orders then turn them in. You will be protected.

I was scheduled for academy and got my orders (deployment was to be 10 weeks into academy) so I told the town I needed to delay the academy. Because I didn't start the academy I wasn't protected. Had I started the academy i would have been protected and date of hire would have been as of then. I went through the Department of Labor.

If you are deployed after being hired the Department can hire a "military replacement" but your position is to remain yours including anything earned as though you were there.

you really should research and arm yourself with knowledge, Try these for starters

www.osc.gov/userra.htm
www.esgr.org

Bill

Posted by: SFC_MP

Well its all in good Fun, I love taking Jabs at the Wing Nuts, and of course the JarHeads as well. I will probably be deployed this coming September and hope to be on the job before that. I just moved back to Mass after being away for 25+ years. I have 14 years on active duty and a total of 27 years in the military. I am currently in an MP unit down in CT, I was down in New Orleans when I got called to start work at the WCSO, this was only a 3 week deployment and they accomodated me when I got back. Now that the Civil Service list is out I'm waiting on the call from my hometown PD ..

For all of you who deploy they have to hold your job, and you have to be considered for promotions (which we all know you wont get) but your job is safe!

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