Businesses that employ National Guard soldiers can sometimes find themselves in a predicament. A large job comes in and the employer discovers that 2 of their best employees have their monthly National Guard training. There is a deadline for this job and the employer wonders if they can meet this deadline without those employees. The stress is high, and some civilian employers have handled the situation terribly.
In today’s post, we are going to delve into understanding the civilian employer and the National Guard duty relationship. There are responsibilities, regulations and ethics on both sides that need to be followed. We will look at both sides. I must first say that as an employer, you need to understand that the Army National Guard need to be trained to help protect you, your family and your business. It may cause you some issues when these soldiers need to take off 1 weekend every month and 2 weeks every year, but just keep in mind that if an attack, natural disaster or any other emergency came against you, it would be these same men and women who would be helping to save you and your business.
I must also speak to the National Guard soldiers who think their boss is unpatriotic or non understanding. Try using a little empathy. Keeping a business afloat is not easy. Try to have a little compassion for your employer too. Maybe give them a couple extra hours per day to help them get caught up before you have to take your military leave. Most civilian employers are understanding, but they also have stress and you can help relieve that stress.
These are some of the main responsibilities, regulations and ethics on both sides:
National Guard Soldiers
Be honest with employers about your National Guard duties. When applying for jobs, always add that information. Leaving it out to make sure you get the job is not morally right. If you are planning on joining the Army National Guard, tell your employer. The majority of civilian employers are patriotic and will understand. Many of them will also know that you are going to receive more training and experience that can help at their business.
Give your employer notice as far in advance as possible for military duties. If an employer knows far in advance, they can plan accordingly. In most cases, drill weekends are planned far ahead that as the employee, you could just hand the boss a complete drill weekend schedule. Annual training is normally scheduled months in advance. This should be in front of your employer as soon as you know.
When volunteering for extra training or duty, I recommend speaking to your employer first. In most cases, if you are considerate to your employer, they will be considerate of you.
In active duty situations, try to give your employer as much notice as you can. Sometimes, especially in emergency situations, notice is short, if at all. If you even have a suspicion that you may be called up for active duty, the responsible soldier will warn their employer so that employer can hire and train temporary help.
Put your employer in for an award. Fill out an application to nominate your patriotic employer and this will build more confidence in the reason they hired a member of the Army National Guard.
When on military leave,it is the soldier’s responsibility to return to work on time for the next scheduled shift.
While a soldier does not have to, it is ethically proper that they show the military orders to their employer. This can help the employer have more faith and understanding.
By following all of these, employers will usually be understanding about your military duties.
Civilian Employers
It is illegal to discriminate by not hiring a National Guard member or firing a National Guard member because of their service.
As an employer, you have to allow 5 years of cumulative service for Army National Guard members.
Employers cannot deny an employee from attending monthly drills or annual training. In case of deployment, an employer must give the soldier their position back as if they had never left.
If an employee is disabled in their military service, the employer must hold their job for 2 years.
The employee cannot be demoted upon return to their work after deployment. A soldier who was a manager cannot be made an assistant manager.
As an employer, you cannot force an employee to take vacation leave while on National Guard training. The employee can take it if they desire, but the employer cannot force it. The employer is not required to pay the employee while they are on military service.
As an employer that is finding a bind in allowing your employee off, you can contact the soldier’s commanding officer and explain your plight. In some cases, commanding officers will understand and will allow the soldier to work their civilian job. This is on a case by case basis, and employers need to understand that in the eyes of the military, the National Guard training comes first.
As an employer, always try to remember why we have National Guard members. If not for the Army National Guard, you may not have the business you have.
There have been situations in which some have claimed to be National Guard members so they can take off, and the person is not in the Guard. As an employer, you have the right to verify if the employee is actually a member of the Army National Guard. Here are the State contacts to do that:
Alabama | State Military Dept. P.O. Box 3711, Montgomery, AL 36109 |
Alaska | P.O. Box 5800, Fort Richardson, AK 99505-5800 |
Arizona | 5636 East McDowell Road, Phoenix, AZ 85008-3495 |
Arkansas | Camp J.T. Robinson, North Little Rock, AR 72199 |
California | PO Box 269101 9800 Goethe Road, Sacramento, CA 95826 |
Colorado | 6848 South Revere Parkway, Centennial, CO 80112-6703 |
Connecticut | National Guard Armory 360 Broad Street, Hartford, CT 06105-3706 |
Delaware | First Regiment Road, Wilmington, DE 19808-2191 |
District of Columbia | National Guard Armory 2001 East Capitol Street, Washington, DC 20003-1719 |
Florida | P.O. Box 1008, St. Augustine, FL 32085-1008 |
Georgia | Georgia Department of Defense P.O. Box 1970, Marietta, GA 30061 |
Guam | 430 Army Drive, Building 300, Barrigada, GU 96913-4421 |
Louisiana | 304 F Street, Pineville, LA 71360-0613 |
3949 Diamond Head Road, Honolulu, HI 96816-4495 | |
Idaho | 4040 West Guard Street, Boise, ID 83705-5004 |
Illinois | 1301 North MacArthur Boulevard, Springfield, IL 62702-2399 |
Indiana | 2002 South Holt Road, Indianapolis, IN 46241-4839 |
Iowa | 700 NW Beaver Drive, Johnston, IA 50131-1902 |
Kansas | 2800 SW Topeka Boulevard, Topeka, KS 66611-1287 |
Kentucky | 100 Minuteman Parkway, Frankfort, KY 40601-6168 |
Louisiana | 304 F Street, Pineville, LA 71360-0613 |
Maine | Camp Keyes, Augusta, ME 04333-0033 |
Maryland | 5th Regiment Armory 29 Division Street, Baltimore, MD 21201-2288 |
Massachusetts | Headquarters, Massachusetts National Guard 50 Maple Street, Milford, MA 01757 |
Michigan | 2500 South Washington Avenue, Lansing, MI 48913-5101 |
Minnesota | 20 West 12th Street, St. Paul, MN 55155 |
Mississippi | 1410 Riverside Drive, Jackson, MS 39202 |
Missouri | 2302 Militia Drive, Jefferson City, MO 65101-1203 |
Montana | 1956 Mt. Majo Street P.O. Box 4789, Fort Harrison, MT 59636 |
Nebraska | 1300 Military Road, Lincoln, NE 68508-1090 |
Nevada | 2460 Fairview Drive, Carson City, NV 89701-6807 |
New Hampshire | 1 Minuteman Way, Concord, NH 03301 |
New Jersey | 101 Eggert Crossing Road, Lawrenceville, NJ 08648-2805 |
New Mexico | State Programs Office, Room 201 47 Bataan Boulevard, Santa Fe, NM 87505 |
New York | JFHQ-NY, Latham, NY 12110-2224 |
North Carolina | 4105 Reedy Creek Road, Raleigh, NC 27607-6410 |
North Dakota | P.O. Box 5511, Bismarck, ND 58506-5511 |
Ohio | 2825 West Dublin Granville Road, Columbus, OH 43235-2789 |
Oklahoma | 3501 Military Circle, NE Oklahoma City, OK 73111-4398 |
Oregon | Oregon Military Department P.O. Box 14350, Salem, OR 97309-5047 |
Pennsylvania | Building SO47 Fisher Avenue Fort Indiantown Gap, Annville, PA 17003-5002 |
Puerto Rico | P.O. Box 3786, San Juan, PR 00904-3786 |
Rhode Island | Command Readiness Center 645 New London Avenue, Cranston, RI 02920-3097 |
South Carolina | #1 National Guard Road, Columbia, SC 29201-4766 |
South Dakota | 2823 West Main Street, Rapid City, SD 57702-8186 |
Tennessee | Houston Barracks P.O. Box 41502, Nashville, TN 37204-1501 |
Texas | P.O. Box 5218 Camp Mabry, Austin, TX 78763-5218 |
Utah | 12953 South Minuteman Drive, Draper, UT 84020 |
Vermont | Green Mountain Armory Camp Johnson, Colchester, VT 05446-3004 |
Virginia | Department of Military Affairs 5901 Beulah Road, Sandston, VA 23150 |
Virgin Islands | 4031 La Grande Princess, Lot 1B, Christiansted, VI 00820-4353 |
Washington | Camp Murray, Building 1, Tacoma, WA 98430-5000 |
West Virginia | 1703 Coonskin Drive, Charleston, WV 25311-1085 |
Wisconsin | Department of Military Affairs 2400 Wright Street, Madison, WI 53708-8111 |
Wyoming | 5500 Bishop Boulevard, Cheyenne, WY 82009-3220 |
Final Thoughts
As long as both employees and employers understand all their rights and responsibilities, the employer and National Guard soldier relationship should work out just fine.
Have you had difficulties with your employer? Do you have a very understanding employer? Tell us about your soldier-employer situations. All comments and questions can be posted below.
Always remember…as a National Guard soldier, you do have rights, but so does your civilian employer. By using common sense and a little empathy, the whole situation can work just fine.
Chuck Holmes
Former Army Major (resigned)
Publisher, Part-Time-Commander.com
Email: mrchuckholmes@gmail.com
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