Thread: Return from MLA
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Old 03-30-2014, 06:19 AM
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rickair7777
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Originally Posted by Flamer View Post
Pretty sure that is driven by userra. If you don't get a class by then you start getting paid anyway. Win.
This.

Caveat...USERRA will require they re-employ you on your return date. But this does not mean you automatically get your old job back.

At a "normal" white-collar job they could give you a different position with equal pay and responsibility. Ex. if you were VP of finance they could make you VP of production, but they couldn't make you a minimum wage janitor, nor could they make you a janitor but pay you as a VP.

However when a formal seniority system exists (it does at pretty much all airlines), they are obligated to put you back into a position that your seniority would hold. This assumes you either bid for it, or it would have been the obvious result of a bump-and-flush (ie your airplane went away). They are not necessarily obligated to run a special class for you on the date that's convenient for you.

In fact, they might even be able to bring you back on your return date and assign you office duties at your normal pay scale until they run a class. It would probably be legal, but your contract may well prohibit this.

Yes, you'll get paid. As to whether you'll get paid to hang out at home and wait for a class date probably depends on your contract and past practices at FDX. I'm guessing you'll be at home but you might want to do a little research with the union. If there's currently little-to-no movement it could be a while before they run a class.

Hopefully you had a standing bid in for wherever you want to be.
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