Schwanker
Well-known member
- Joined
- Dec 17, 2001
- Posts
- 486
PastV1 said,
"#2 All you get by law is 7 years of mil leave per employer. i.e. you go on mil leave now for 5 years (still not at 20 years) Then you go back to being a traditional reservist. US gets attacked and you get activated for over 2 years. After 7 years total mil leave the company can fire you and you have no recourse."
You are still protected in this scenario. I've read the USERRA Law several times as well as communicated with ALPA Attorney's and MEC Contract Guru's. There are several circumstances which allows you to go beyond 5 years military leave and still be protected by USERRA. I don't currently have the law in front of me, but one of these circumstances is during wartime operations, national emergency... I don't have the exact verbage at the moment but if you do a search for "USERRA" it clearly lays out the 8 or so circumstances that you are authorized more than 5 years military leave. The clock essentially stops if you fall into one of these 8 catagories and they can be quite liberal.
I'm not trying to start an argument, just want to get the info out so they can make the most informed decision.
Also, some companies will make B Fund contributions while on Mil Leave. This also may be required by law (not sure). My understanding is American will average the 5 pilots above/below you on the seniority list and alot you this amount. I do not work there, but been told this first hand by an AMR pilot who had "catch up" contributions to his B-Fund for this very reason.
Best of Luck with whichever route you choose.
"#2 All you get by law is 7 years of mil leave per employer. i.e. you go on mil leave now for 5 years (still not at 20 years) Then you go back to being a traditional reservist. US gets attacked and you get activated for over 2 years. After 7 years total mil leave the company can fire you and you have no recourse."
You are still protected in this scenario. I've read the USERRA Law several times as well as communicated with ALPA Attorney's and MEC Contract Guru's. There are several circumstances which allows you to go beyond 5 years military leave and still be protected by USERRA. I don't currently have the law in front of me, but one of these circumstances is during wartime operations, national emergency... I don't have the exact verbage at the moment but if you do a search for "USERRA" it clearly lays out the 8 or so circumstances that you are authorized more than 5 years military leave. The clock essentially stops if you fall into one of these 8 catagories and they can be quite liberal.
I'm not trying to start an argument, just want to get the info out so they can make the most informed decision.
Also, some companies will make B Fund contributions while on Mil Leave. This also may be required by law (not sure). My understanding is American will average the 5 pilots above/below you on the seniority list and alot you this amount. I do not work there, but been told this first hand by an AMR pilot who had "catch up" contributions to his B-Fund for this very reason.
Best of Luck with whichever route you choose.