Woodstock, VA asked in Public Benefits, Employment Law, Gov & Administrative Law and Military Law for Virginia

Q: IDT paid time off? Federal orders annual training paid time off?

Hello, I am a county employee under the Commonwealth of Virginia?

I am also in the Virginia Army National Guard.

My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you?

or does that only apply to federal orders I.E Annual Training.

1 Lawyer Answer
James L. Arrasmith
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A: Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or inactive duty training (IDT) and other military duties. Your employer doesn't have to pay you for the time you are away for military service unless your employment agreement or company policy says otherwise. However, you can't be denied the use of earned vacation or leave for service.

Whether leave accrues during your absence for service might depend on the specifics of your employer's policies and any applicable state laws. Annual Training or federal orders fall under the same USERRA protections. You might consider discussing your rights with your HR department or seeking local legal counsel to understand specifics in relation to your county's policies.

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