I was looking through the current issue of Navigator and read the article on DOGs. It stated that Auxiliary Members with specific skills could be used for some of these missions. It got me to thinking...Can Auxiliarist take Military Leave from their civilian employer if they were cut orders from the Active Duty Coast Guard? Much like a reservist can take time off from their civilian employer if they were call to Active Duty.

Can Auxiliarist take Military Leave from their civilian employer if they were cut orders from the Active Duty Coast Guard?

You may not be able to get a complete answer to that question given that various state laws and company policies could come into play.

So let us begin.

Private employers.

Your employer might be willing to give you leave with or without pay either under a military leave policy or a charitable leave policy. They do not have to. You might have to take the time as vacation days, personal days or non-paid days. They could refuse to let you go and fire you if you went without permission. Your mileage will vary.

State employers.

Some states might be willing to provide time off on the same basis as private employers. A very few states might even have a policy granting this - but they would be few and far between.

What it boils down to is an Auxie is a volunteer. He has no legal obligation like a military member to report for duty. His first obligation is to his employer.

Further, should you somehow get the time off do not expect a welcome reaction from your co-workers on your return. They will probably not appreciate having to do your job, probably without extra pay, so you could go off and play soldier/sailor (as they will see it).

The problem is worse for members of the State Defense Forces. See the thread SAD and non-state employment on another board. SAD is "State Active Duty" and is a paid status when a State Guardsman is called to duty. Their employer could fire them for taking the time off, yet the state soldier could get prosecuted under the state equivalent of the UCMJ if they do not show up.

There is a HUGE difference between the Aux and Reserve.

The Aux are civilian volunteers. The Reserves are members of the military.

The Aux have no 14 USC 89 authority, the Reserves do.

The Aux are not armed and have no LE authority.

You won't see the Aux manning a boat equipted with SAWs (M240Bs).

I have never seen the Aux discussed in any of the NCESGR rules and regs I have read.

So what was your question?

Thanks for the answers. As I was flipping through the Navigator, I just thought that this sounded like interesting duty for an auxilarist but the types of members they are targeting would probably already be employed in those type of jobs and would have a hard time commiting to anything long term. I guess they'd have to choose from those who are self-employed and pretty well off, recently graduated students, those who are currently unemployed.

And the retired members.

From what I understand the DOGs are not just for law enforcement/military type use and could be used for disaster releif missions. I imagine that is the context they're talking about.

I think that the question being asked was if an Auxie was asked to volunteer for disaster relief or any other duty through the Coast Guard would they be entitled to employment protection the same as soldiers under military leave.

My guess would be no as the Auxie would be a volunteer and as was stated previously his/her involvement is voluntary and not compulsory.

Given todays competitive environment in the private sector, you would have to have an aufully understanding employer to let you have the time off. My guess is that even military members are routinely discriminated against as their employers may not have the resources to cover their absence on a prolonged call-out.

You know one good organization to check would be the Red Cross and what their members have done to deal with this situation. The Red Cross would be a good source of information that may be able to shed some light on what their members go through when they are called out.

In reference to the Auxiliary not being military, I think we already know that it is not. That issue gets beaten to death on a regular basis on this board.

Well, let me just say that I am impressed with the relationship between the Coast Guard and the Auxiliary. There are some really interesting opportunities availiable for those who can take advantage of them.

It's really up to the employer. I can tell you that my company gave me a few days to help out during 911 (I live in the NY area).

That was a very unusual and urgent national emergency, though.

I did some quick googling and several states appear to allow Auxies, CAPers and ARCers who are state employees time off. It varies all over the place as to how much time is allowed and whether or not it is paid.

And you would really have to be careful reading your state law's on the matter. Some of the states specifically state the leave is for 'search and rescue operations' or that plus disaster and/or emergency response. So depending on why the DOG got let out, a state employed Auxie still might not qualify for time off.

It appears that the leave for Auxies in FL is restricted to two days per occurence. That isn't a lot and wipes out any 'deployment' for distant events. Other states have varying restrictions on how long you can 'deploy'.

CAPers seem to have greater leeway in time off but then CAP is recognized by most states as an emergency response agency - as is the ARC. And that is why CAP and the ARC might not be a good example to use for the Aux, which no one including the CG, lists as an emergency response agency.

quote:

I think that the question being asked was if an Auxie was asked to volunteer for disaster relief or any other duty through the Coast Guard would they be entitled to employment protection the same as soldiers under military leave.

Not under Federal law - the CGAUX is civilian, not military.

Under federal law, you're correct.

At state level it could vary depending on how they may have written their laws. I have been told of at least one state where some Aux members can get leave and that it is handled as "military leave". Obviously, in general Aux members don't get the same protections, but there are apparently some states where it could get a little confusing.

think that the question being asked was if an Auxie was asked to volunteer for disaster relief or any other duty through the Coast Guard would they be entitled to employment protection the same as soldiers under military leave.

Not under Federal law - the CGAUX is civilian, not military.

quote:

In reference to the Auxiliary not being military, I think we already know that it is not. That issue gets beaten to death on a regular basis on this board.

I'm actually the one who started off that topic RiverAux linked to above, and today I was finally able to ask my division director about using leave (or admin leave as I work for DHS already) for SDF or Aux duty.

I've been holding off contacting the SDF recruiter here simply due to the fact I dont want to find myself in the bind above - no allowance for leave from work, yet being called to SAD.

The director's answer - not in so many words, but "no, h*ll no!".

So, honestly I'm not sure what to do. Want to sing up and be able to go on activations, but, don't want to compromise my career either!

And as I said, this is a federal position with DHS (CBP specifically).
Jeff.

So, honestly I'm not sure what to do. Want to sing up and be able to go on activations, but, don't want to compromise my career either!

Based on what you wrote, the SDF is out. You compromise your career if you go, but you could be subjected to your state equivalent UCMJ if you don't go.

The Aux or CAP are still valid options since neither one can compel you to go on a mission or (officially) penalize you if you don't.

That's kind of what I feared (for now) - but I'm already an FSO-MS in the Aux

From what I've heard it seems like most SDF activations are actually voluntary. In some states, they are so rarely activated that it probably isn't a concern. And when it comes right down to it, most SDFs seem to be willing to let you resign on the spot rather than try you for refusing an order. They've got that authority, but don't seem too interested in using it. However, if you want advice on a specific SDF, I'd advise you go over to this board, which is frequented by many, people from around the country : http://www.vajoe.com/board/viewforum.php?id=30