Originally Posted by
sailingfun
Read the post on page 3 with a longer cut and post of the rules. I can tell you from personal experience that if you have orders and wait until you feel it's convenient to notify you will not be backed up under The current rules.
I served a long time in the reserves. The ability to use mil leave is a great benefit. Guys who abuse that benefit put the whole process at risk. Using mil leave as a anti company tool in contract negotiations certainly qualifies as abuse.
I agree with not abusing mil leave, and it is not an anti company tool in contract negotiations! But it is also not within the company's control. Using the word "Request" in the VIPS notification is misleading, and gives the impression management wants to influence employees outside the law.
Not trying to be a lawyer and I
DO NOT encourage misuse of the USERRA Laws, but there is no limit on time of notification as defined by the DOL. Just have to notify in a way that is reasonable is the standard. So yes, calling the CP qualifies, but you may want better documentation of this notification based on the rumors of lost emails relating to HKG housing allowance
! If you are on a super secret mission, where notification would compromise the mission, no notice is required.
The DOD "recommends" 30 days
, but this is not what the law says. And again, the DOD is not the government agency that administers this. They are "subject" to it the same as any employer.
USE REASONABLE JUDGEMENT to schedule your duty at both jobs to ensure success. This means don't sit on those deployment orders, but who gets orders within 30 days anyway! (Perhaps DOD should add personalist to achieve this!) However, scheduling Freedom of Religion CBT for 26 Dec is not intent of the law! That can be done earlier, or later! And did not "just pop up" on your to do list last minute. The military coordination required to put pilots into airplanes/Sims to accomplish required training is somewhat less flexible and therefore understandable that use of mil leave is required with shorter notice. I think the vast majority of guard & reserve pilots use it as intended. But the funny thing is, training is also required to be accomplished by 31 Dec!!!
http://www.dol.gov/vets/usc/vpl/usc38.htm#4303
§ 4312. Reemployment rights of persons who serve in the uniformed services
(a) Subject to subsections (b), (c), and (d) and to section 4304, any person whose absence from a position of employment is necessitated by reason of service in the uniformed services shall be entitled to the reemployment rights and benefits and other employment benefits of this chapter if--
(1) the person (or an appropriate officer of the uniformed service in which such service is performed) has given
advance written or verbal notice of such service to such person's employer;
(2) the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and
(3) except as provided in subsection (f), the person reports to, or submits an application for reemployment to, such employer in accordance with the provisions of subsection (e).
(b) No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. A determination of military necessity for the purposes of this subsection shall be made pursuant to regulations prescribed by the Secretary of Defense and shall not be subject to judicial review.