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  • Military LEO Exception

    I have a buddy that is new to my relatively small department. He is in a National Guard unit that is supposed to be deployed to Iraq in January 2009. The main issue we are having is by that time, he will just be off FTO and ready to hit the streets. We are hoping he doesn't need remedial training when he returns (though he likely will.) The second issue is we are expecting a few retirements in the near future and we will be extremely short handed while the new guys finish the academy. My question is; Is there a full-time Law Enforcement Exemption for people getting deployed? This would mean the person is basically doing the same thing for homeland security as it would over seas. I was wondering where I could get some information on this?

    Thanks

  • #2
    I don't have any specific information for you, but I would start by contacting his National Guard unit. There may be some rear detachment position that they can put him in for the length of the deployment. The rear detachment is a group of people that do not deploy with the unit, they stay behind to handle things on the homefront. Such as soldier transportation as they begin rotating back on their R&R leave.

    I would also hope that by contacting the National Guard unit that they would be up front with you about if there is any waivers or exceptions, to get him out of the unit for the deployment, if this is even possible. If not I think that your other option would be to contact the Department of Defense.

    Now the other issue that I see is how does the service member/ Officer feel about the deployment? If I was a member of a National Guard unit and they were being deployed to Iraq I would feel that it was my obligation and duty to deploy with my unit. So if the officer is less than enthusiastic about not deploying, you may create a situation where the officer leaves the department for another, if he does not feel supported. Then you lose the officer either way. Not trying to overstep my bounds here just trying to give you some food for thought. I am not sure of the whole situation.

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    • #3
      He should deploy.
      The comments made herein are those solely of author and in no way reflect the opinions of any other person, agency or other entity.

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      • #4
        Deploying soldiers protected by USERRA

        Members of US armed forces, including reservists, are backed by the Uniformed Servicemembers Employment Re-Employment Act (USERRA). Their jobs and all benefits including seniority, any pay raises etc. are protected under this federal law. If the soldier is ordered or even volunteers for federal duty, His/her job is protected. Basically, if he goes on the deployment, the department can do nothing to stop it. Job Harassment of the soldier or any negative issues that may develop are illegal also under this law. If the employer has questions, they may/should contact the Employer Support of the Guard and Reserve (ESGR) representative at the National Guard headquarters of the State where the soldier is assigned. There are numerous websites that address these issues. Do a search under ESGR for USERRA questions and answers.

        Hope this helps

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        • #5
          We have a few members of reserve/National Guard units who've been in the same situation. They've always had to deploy and when they return, we've provided them with a brief refresher period where they ride with an experienced officer for a couple of weeks until they're comfortable on their own again. Our staffing shortage issues have no effect on the military's deployment criteria.
          "I'm not fluent in the language of violence, but I know enough to get around in places where it's spoken."

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          • #6
            He needs to deploy.

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            • #7
              His duty is to the country...he needs to go.

              Rear "D" is still on orders and his place of duty is at the unit, not at the department.

              You guys need to be more supportive in this time. Instead of worrying about how it impacts you, try taking care of your officer. He is no doubt going to need it from his LE family.

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              • #8
                We had a guy get activated right after 9/11 while he was still in his FTI period. A few years later he got promoted to PFC, automatic promotion, while he was still activated. So he was a PFC without ever getting signed off by his FTI. His spot was held for him for 5 years while he was activated.

                Unfortunately he was injured, and was never able to come back to work.

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                • #9
                  Originally posted by 11b101abn View Post
                  His duty is to the country...he needs to go.

                  Rear "D" is still on orders and his place of duty is at the unit, not at the department.

                  You guys need to be more supportive in this time. Instead of worrying about how it impacts you, try taking care of your officer. He is no doubt going to need it from his LE family.
                  We are a larger dept and almost every station has someone deployed at this stage. They have to ride with an FTO for 5 days as a "refresher" training...

                  The shortage of manpower does suck but it is just one of those things you have to deal with. Make sure you send care packages to him on a fairly regular basis...

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                  • #10
                    Yeah the care packages are great. Never been over in the sandbox, but have a lot of friends and they look foward to them. I think a few days as refresher are a good idea, anyway you will get a good friend out of the FTO and get to tell your war stories

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                    • #11
                      Originally posted by skmoss186 View Post
                      Members of US armed forces, including reservists, are backed by the Uniformed Servicemembers Employment Re-Employment Act (USERRA). Their jobs and all benefits including seniority, any pay raises etc. are protected under this federal law. If the soldier is ordered or even volunteers for federal duty, His/her job is protected. Basically, if he goes on the deployment, the department can do nothing to stop it. Job Harassment of the soldier or any negative issues that may develop are illegal also under this law. If the employer has questions, they may/should contact the Employer Support of the Guard and Reserve (ESGR) representative at the National Guard headquarters of the State where the soldier is assigned. There are numerous websites that address these issues. Do a search under ESGR for USERRA questions and answers.

                      Hope this helps

                      They aren't looking to fire him, they want him to STAY BECAUSE THEY ARE GOING TO BE SHORT HANDED.

                      Read the original post next time....

                      He should deploy, he joined the Guards to serve his country, not to circumvent it with his civilian job.

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                      • #12
                        Originally posted by GrayPatriot View Post
                        We are a larger dept and almost every station has someone deployed at this stage. They have to ride with an FTO for 5 days as a "refresher" training...

                        The shortage of manpower does suck but it is just one of those things you have to deal with. Make sure you send care packages to him on a fairly regular basis...

                        I absolutely agree.

                        I also really like the idea of refresher training as well.

                        It takes a while to allow for mindset change, from military to LE. There are plenty of cases where an officer made the correct tactical decision, but in the wrong (civilian) environment.

                        Good on your dept for addressing that.

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                        • #13
                          Originally posted by 11b101abn View Post
                          You guys need to be more supportive in this time. Instead of worrying about how it impacts you, try taking care of your officer. He is no doubt going to need it from his LE family.
                          DITTO. I am currently in the middle of my 2nd tour in Iraq (first after being hired at the PD), and the support from my PD family has been an AMAZING relief. They write me, they keep an extra eye on my house, they take care of my wife and things around the house (i.e. helped repair my roof after a major storm). I can't explain how great it is knowing they are doing that.

                          Also, I will probably have to complete a short "re-familiarization" when I get back to the PD. Our last Officer that deployed had to re-familiarize when he got back to work.
                          "Martyr" - just a fancy word for "crappy fighter"

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