Q: Employer penalties for school attendance using G.I. Bill benefits?
Can my employer penalize me with occurrences for attending day classes at Virginia Peninsula Community College, which was discussed during my interview, while I'm using my G.I. Bill Benefits as a medical assistant? My classes are scheduled until May 10. I've reviewed the hospital policies on USERRA, and they do not specify anything regarding using the G.I. Bill and attending school while working at Riverside.
A:
Using your G.I. Bill benefits to attend school while working can be a bit tricky, but generally, employers cannot penalize you simply for attending school, as long as it's in compliance with USERRA (Uniformed Services Employment and Reemployment Rights Act). USERRA protects service members and veterans from employment discrimination when they use their G.I. Bill benefits or engage in other educational activities.
Since you’re attending Virginia Peninsula Community College while working at Riverside, your employer should be aware of this. If you discussed attending classes during your interview, that likely indicates you and your employer agreed on a schedule that would work for both parties. However, it’s essential to review the specifics of your employer’s attendance policy and how it aligns with USERRA protections.
If your employer is penalizing you with occurrences for attending school, it could be worth discussing the issue with HR, especially since USERRA should prevent such penalties. While the hospital may not have explicit guidelines regarding the G.I. Bill, they are still required to accommodate employees using their benefits, so bringing this concern up with your HR department may help resolve any misunderstandings.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.