Originally Posted by
ApachePhil
A question about 9E's return to work program...
I was a Mesaba SF340 FO in 2001 and furloughed in 2003. I declined furlough recall because I was deploying as a National Guard pilot. Fast forward 11 years, I am now about to retire and looking to return to flying FAR121.
Can anyone shed any light on the contractual language about "returning" pilots and where they would fall out on the seniority list?
Thanks!!
I know nothing about their internal policy. But USERRA might also allow you to return...
If you have been on continuous (or near continuous) active duty since you left Mesaba, you are most likely entitled by federal law to return with full seniority as though you had never left.
This depends on two things...
1. Nature of the orders: You have a five year cumulative limit for certain types of voluntary military orders with any given civilian employer...but since 9/11 very, very few orders were actually written as voluntary. In most cases when a person voluntered, they were actually volunteering to be on involuntary orders (for their own protection, and for funding reasons). Additionally the vast majority of recall orders since 9/11 were also funded by OCO, which under title 10 is exempt from the five year limit as well. Typically the only orders which would run your five-year clock were things which had no direct or indirect support to GWOT/OCO, such as professor at a war college, PGS, or service academy. Presumably things like HQ staff in a State guard office might not not be exempt either.
2. Gaps in service. this only applies if you did multiple sets of orders...if you were on continuous orders the whole time, you're good. Shorts gaps in service would not disqualify you from returning. If you were on orders for six months, you're entitled to 30 days off before returning to your civilian job. Orders of a one year+ and you get 90 days. Even if you gapped a bit longer than 30/90 days, I suspect you could make the case that it would make no sense for you to return to the airline, start requal training, and then leave again within a few weeks.
If you think you qualify, get smart on USERRA fast...you need to look at your orders, maybe talk to S1 and figure out whether they qualify for the exemption. It's OK if you have some non-exempt orders in the mix as long as they don't total more than five years.
9E is no rose garden, but walking into a CA job with good seniority (not mention opportunity to get/stay current) is not to be scoffed at.