Originally Posted by
scambo1
RK;
You may be onto something here. I also remember DAL putting out some communiques within the past year that sounded like they were sharpening their USERRA pencil. However, the 5 year limit does not apply if you are in support of a contingency. I can't think of a single active mil job that can't be linked to contingency or contingency support. (reserve yes - USAFA liaison, CAP liaison (these guys don't get long term orders anyway); active no).
If the proper verbiage is on your orders, you are exempt. Also, DAL past policy was that if you had a letter from an O-6 or above stating you were in support of, you were exempt...This is the part that may have been fine tuned. (Mil guys, don't take my word for it, the actual current DAL policy from the horses mouth is what you need to follow).
IMO, the whole mil returnee arguement is moot. They were always on the list and by extension, they had to be expected to return.
Now, there are an element of that demographic who were furloughed and went back on active duty. Those guys had their furlough time free and clear, if they bypassed to complete their careers -- they have furlough time free and clear plus a minimum of 5 more years (userra) plus they have to wait for hiring to come back as furlough bypasses.
Delta never enforced or tracked the 5 year rule. Only in the last year have they started tracking exempt orders. It is not retroactive. The tracking started because of complaints from some working pilots.