Bearpilot

Thanks Flamer. Do you know where I can download or look at the flow thru agreement for Envoy? Cheers

rickair7777

BLUF:

Duty < 30 days then no paperwork can required of you (ie no application forms, contracts, orders, LES, letters from unit, etc, etc). Their ONLY legal recourse is to contact your CO.

Duty > 30 days They are legally entitled to a copy of your orders.

You can google it easily enough.

SaltyDog

Orders are usually asked for, but USERRA allows employers ONLY to ask for DOCUMENTATION over 30 days. (I never gave orders personally), I wrote a letter (see below taken from a ESGR recommended format years ago) signed by the unit including the required documentation elements.
EXCEPTION: (Very rare) IF your employer has offered a benefit NOT required by USERRA (like continued healthcare or pay while serving on duty, then the employer can demand orders if so requested. Why? Because not a USERRA benefit, therefore not mandatory by either employee or employer. All voluntary. If you want the extra above USERRA benefit, employee would have to comply with the requirements.

Documentation upon return (Section 4312(f))
An employer has the right to request that a person who is absent
for a period of service of 31 days or more provide documentation
showing that:

 1. the person’s application for reemployment is timely;

 2. the person has not exceeded the five-year service
limitation; and

 3. the person’s separation from service was other than
disqualifying under Section 4304.

Short letter really.
Example:

Notice of Service Performed for Employer
[Date]

CHIEF PILOT
ANY AIRLINE
CITY, STATE

Re: [Service member], (Service Component), completion of honorable duty and documentation of military service – Uniformed Services Employment and Reemployment Act (USERRA), Title 38, U.S. Code Section 4312

Dear Chief Pilot:

I am writing to you concerning your employee, [Service member]. [First name] is also a member of the _______ (Unit) of the ____________ (Service Component (USN, USAR, etc)).

[Service member] performed military duty from ________ to _______ dates. Thank you for your cooperation and support allowing the service member to complete his military service. [You can vary this letter to use to cover multiple periods of duty.]

Periods of service that do not count against [his/her] five year USERRA limit include:

XX Mon YY – XX Mon YY Operation Iraqi Freedom [use this section as necessary]

Please accept this letter as formal documentation required by your request to fulfill USERRA 4312 requirements of [Service member] of honorable military service for the dates noted above.

For more information about of [Service member] military service, please feel free to contact me at xxx-xxx-xxxx or e-mail at [email protected]. On behalf of the Department of Defense, I personally thank you for your cooperation and support.

Sincerely,


I.M. COMMANDER
Rank, Military Service
Position, Command name

SaltyDog

Bearpilot,
As mentioned and recommended by Flamer and Rickair7777
USERRA only applies to one employer at a time. If the employers are not the same, USERRA will not protect. Agree with comment that easiest if accept the flow through per agreement, then return to military as necessary.
Units usually understand the necessity of taking leave or being released for critical career junctures. You would not necessarily need to complete training. Just be on property and an employee of the new employer (make sure processed by HR with Employee number, etc)

If unable (deployed overseas etc) then best have your union and lawyers review the agreement and see if the flow through even addressed delays of exercising the flow through for military, long term medical, etc. Possible the agreement addressed these issues and would have an argument, but guessing that would be if unable to exercise the flow through option immediately. Then you are in Railway Labor Act territory and not necessarily in USERRA territory. i.e. you return to current employer and ask to execute your option to move to new job.

Bottom Line Simple: Who did you notify of your military service when departing? They are the same ones you will notify and request reemployement per USERRA on return.

Junglejett

Wrong.

At NO time are orders required. Google it again...and read.

sailingfun

One thing to keep in mind. Many here are quoting URESSA in their best sea lawyer prose. If a dispute ends up going to a hearing they apply reasonable man rules. Those past rulings have precedent on future issues that may come up. A example is timing of notification. Many here claim no notice is required. You will not be supported by the URESSA process if you chose to do that. Here is how they interprete that item.

"An employee must give prior notice to the employer for leave of absence for military duty. Unless precluded by military necessity, advance notice must be provided either orally or in writing. Employees who participate in the National Guard or Reserve should provider their employers as much advance notice as possible. Failure to provide notice could result in denial of the protection of USERRA."

Junglejett

I do not think anyone is saying zero notice is required. It's the form of notice that is in question.

My notice is written, in the form of an email stating when I will be performing duty as well as my expected return date. If they request, I give them my commanders contact info, even though I am not required to provide it.

I told my employer that the only way they would not get a notification was if a meteor hit the earth and I was called up. Otherwise, they can expect as much advanced notice as possible. I also warned them there could be last minute notification, but it would be rare.

I have heard of employers requesting members provide copies of their CAC's....and some numbnuts have complied.

It's USERRA by the way.

SaltyDog

I'm sure I tag the 'sea lawyer" label by you
I've worked USERRA issues for many employees in my work place, in my military spaces with the ESGR, employers, lawyers and DOL VETS. Consider Capt Wright the best reference. Join ROA and ask him if have questions.
My employer is hard nosed, not out of spite, but as many employers, simple ignorance. So very few managers have actually served and grey out at ERISA, COBRA, USERRA etc
On point: Notice is a two way street. My employer says they don't want notification beyond your current scheduling period, but want advance notice. Pilots give advance notice and then employer denies contractual benefits based on the notification. DOL VETS doesn't want to enter the arena for either party. Considered a contractual dispute at that point.
Reasonable person method at your employer. Advance notice is required (some cases allowed for late notice, but never heard of one that didn't allow advance notice)
This sea lawyer recommends advance notice to point where employer doesn't violate your contract for giving advance notice.

Our FOM says we are required to attempt schedule bids, trip trades etc to avoid military service during scheduled civilian scheduled work. No problem, except that system sometimes incurs a later notification than they claim they want later. Management clearly can't have it both ways. I think each employee can determine what is appropriate at their employer. If always wait till a few hours before military, you may have a problem with your employer, not DOL VETS. I still recommend be a good ambassador for our military with our employers.
SD the SL

Chris99

There is a problem. This is an illegal requirement. They can ask "pretty please," but this would still be sketchy.

Junglejett

Just like asking for "permission" from the CPO and/or management.