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BOSTON -- A Billerica police officer has sued the department in federal court, claiming he was denied unpaid military leave when he was scheduled to report for duty with the U.S. Army Reserves.
Thomas J. Conners Jr., of Littleton, alleges in his complaint filed last week in U.S. District Court that he was "targeted and discriminated" against because he was told he would have to use personal time or sick leave to fulfill a few days of military service in 2005.
Conners alleges in the suit that the department and Chief Daniel Rosa violated federal law.
Military attorney Jerry Benson advised Rosa that forcing Conners to use vacation time is illegal. But Rosa allegedly responded that he had been advised that it was legal.
Rosa said he had not seen the suit and refused comment.

http://www1.whdh.com/news/articles/local/BO88495/
 

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Anyone know how the law applies to contract employment as an independant contractor? I am in the process of applying for a direct commission with one of the services (Reserve), and I have a side job providing contracted security (it's built in to my lease) for my apartment complex. It's not a big deal, but I've been wondering if my contract it protected on deployment, or if they can nullify the contract due to my absence.
 

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USERRA is the law, here's the link for more info: http://www.dol.gov/vets/programs/userra/main.htm

The Federal law doesn't mandate that your employer pay you anything while you are drilling/activated/etc, so at employers that do not offer paid military leave as a benefit, if you want to continue to draw a paycheck from them, you would have to burn vacation or sick time.The law does require that they not fire you, and that your seniority and any automatic promotions you might earn not be affected.

As far as contract work, it sounds like you're in a hard place, because you are both the employee AND the employer. So the good news is, you can't fire yourself. On the other hand, USERRA wouldn't offer you any protection against action from your landlord for not performing the duties of the lease, although there may be another law that might protect you. For example, when I lived in Virginia, state law said you could break your lease with military PCS or deployment orders and 30 days notice. I doubt you'd be able to get a pass on not performing the contracted duties AND paying a reduced rent, unless you're landlord really likes you.
 

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Good luck Tom Connors..(Terminator?? or was that Jonhn Connors???)...I fought with human resources at, suprise, Worcester County SO's human resources for years over that very same thing...they said you had to burn time to go for 40hr week to keep bennies...I said only for pay...I lost back then and never had any vac or personal time....they went so for as to write me up for abuse of sick time when I used sick time because I ran out of vac/personal time...even back then WCSO felt they were more powerful than the federal government......
Maybe I'll ask for a K-9 and the mobile command center in the suit
 
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