# Police Officer Joining Military



## gtd212 (Feb 20, 2007)

Question? Already working as a full-time police officer and just got an offer for a reserve job I want. One member of the Dept. seemed to think I needed permission from my appointing authority ( selectmen ) to join the military under civil service rules. We do have to ask Cheif's permission for ouside employment - but he has already given the OK. Anyone ever come across this issue before?


----------



## LGriffin (Apr 2, 2009)

Yes, however the Chief's permission should be enough since you answer to him, not them but be sure to get his written authorization. The select board will probably back pedal on claims should you get injured so be prepared for that...
In any event, congratulations!


----------



## firefighter39 (Apr 10, 2006)

The Chief, appointing authority etc.. have absolutley no say in whether you join the reserves or not. Memebership in the Guard / Resreves is protected under federal law. U.S. Department of Labor -- Veterans' Employment and Training Service (VETS) -- Fact Sheet 3

Yes, it is always nice and best to keep your boss (ie the Chief) in the loop with regards to your pending military status, but not a legal requierement.

I have gone down this road with my town, I am also an commision officer in the Army reserves, so if you need any help please feel free to contact me directly


----------



## MetrowestPD (Oct 21, 2008)

You Absolutely do not need anyones permission. If they hinder you or subject you to discipline for yr military service they are subject to a lawsuit.

TITLE 38:
§ 4311. Discrimination against persons who [/B]
(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
(b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services.
(c) An employer shall be considered to have engaged in actions prohibited- 
(1) under subsection (a), if the person's membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service; or 
(2) under subsection (b), if the person's (A) action to enforce a protection afforded any person under this chapter, (B) testimony or making of a statement in or in connection with any proceeding under this chapter, (C) assistance or other participation in an investigation under this chapter, or (D) exercise of a right provided for in this chapter, is a motivating factor in the employer's action, unless the employer can prove that the action would have been taken in the absence of such person's enforcement action, testimony, statement, assistance, participation, or exercise of a right.
(d) The prohibitions in subsections (a) and (b) shall apply to any position of employment, including a position that is described in section 4312(d)(1)(C) of this title.


----------

