Q: If I am a salaried employee and I go to my scheduled Drill for the ANG for 2 days, is my employer allowed to doc pay?
I am salary and missed 2 days of work due to drill for the ANG and my employer is reducing my pay for the 2 days of missed work. I believe my pay is protected under FLSA since I did not miss a week of work. They told me my options were to take my PTO or Unpaid Leave. They had prior notice to my absence. I would like help with interpreting the FLSA legal jargon to make sure my rights are protected. Thank you.
A:
Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act (USERRA).
USERRA does not require employers to pay employees during military leave, including drills. However, some employers have policies that provide for continued pay, at least in part, during such periods.
In addition to USERRA, Arkansas state law also provides protections for National Guard members. Arkansas Code § 21-4-102: This state statute requires that state employees who are members of the National Guard or any reserve component of the armed forces receive 15 days of paid military leave per calendar year. However, this applies specifically to state employees, and private employers are not bound by this requirement for paid leave.
Simply put, if you are a salaried employee in Arkansas and are required to attend National Guard drills, your employer is not federally mandated to continue your pay during this period unless they have a specific policy that states otherwise.
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