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The way i understand FLSA/Kelly Day at my department is we are on a 21 day cycle, we get paid 48 hrs per week and to keep the city from paying OT, on our 7th shift we have to take off with pay. My question is if I'm in the National Guard, and i have to miss a shift in a cycle does that mean i have to work that 7th shift due to the fact that the city doesnt owe me overtime. I know the city cant take away my "benefits" when i take a military leave day but i dont think that a kelly day is a "benefit" since paying me overtime would be a "benefit". If I take a sick day and I dont work 144hrs (6 shifts) on the Engine they dont require me to take the 7th day off
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Your department should have specific rules in HR dictating how to deal with military leave. I would call and ask them what the rule is. I know with mine we get X amount of shifts for paid military leave and then after that we can use an administrative trade on our military days to work our military stuff and then make up the missed day with pay on another shift OR we can take unpaid mil leave. Hope that helps.
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