Dublin, GA asked in Military Law and Employment Law for Georgia

Q: Can an employer deny a Georgia State Defense Force volunteer request for drill leave?

An employer has stated that dates for drill will only be granted if another employee (shift manager in this case) puts their names on that date wanting that day off. Since then, employees have put their names down from May to October which will cause the GSDF soldier from attending drills as ordered.

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James L. Arrasmith
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Answered

A: In Georgia, the law provides specific protections for members of the Georgia State Defense Force (GSDF) when it comes to fulfilling their military duties, including attending drills. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and specific state laws, employers are generally required to allow employees to take leave for military service.

It seems problematic that your employer is conditioning your ability to attend drills on the availability of other employees to cover shifts. This might not align with the legal protections that are supposed to ensure you can fulfill your military responsibilities without penalty or condition.

You may want to discuss this situation directly with your employer, clarifying the legal obligations involved. If this doesn't resolve the issue, consider contacting an attorney who has experience with employment and military law, or reach out to a military legal assistance office. They can provide guidance specific to your situation and help ensure your rights are protected.

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