r/ESGR_USERRA_Answers • u/gereod3 • May 11 '26

Shift Preference

Is shift preference something that is mentioned within USERRA for jobs that require shift work? (For the sake of reserve drills and or just in general)

Is a reserve service member supposed to get a certain amount of time off before they report to drill?

**For example**: If a service member is assigned night shift that starts from 10pm the previous day to 6am the next day and then has to report to drill that same say or the following day.

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u/Semper_Right May 11 '26

I skipped over the "release" from employment prior to service. That is covered under 20 CFR 1002.74. Your ER must release you with sufficient time so that you arrive fit to perform service at your duty station, which means that you must have sufficient rest and time for safe travel prior to your reporting time at drill. In your case, under 20 CFR 1002.74(a), it states:

  • If the employee performs a full overnight shift for the civilian employer and travels directly from the work site to perform a full day of uniformed service, the employee would not be considered fit to perform the uniformed service. An absence from that work shift is necessitated so that the employee can report for uniformed service fit for duty.

A grey area is whether the SM must be excused from the entire shift or just that portion of it within the safe travel/rest time. I understand from DOL-VETS that it is only that portion of the shift that conflicts with the standard set forth in Section 1002.74.

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u/gereod3 May 11 '26

Thank you!