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Old 04-10-2015, 11:28 AM
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EvilMonkey
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Originally Posted by jagbn View Post
It has been my experience (over 3 1/2 years of military leave in 10 years), that when it comes to providing notice and otherwise working with your employer with regard to military duties, you catch more flies with honey than vinegar. In other words, don't be an ass.

You can be that guy, never providing advance notice even when you have your drill schedule for the next FY in hand. But why?

Read what Rickair said in the linked thread--he provides notice a month or more ahead of time when he knows his schedule in advance. It is simple courtesy (as well as your obligation under the law and governing regulations). It simply permits the company to plan ahead when it completes the monthly schedule for all pilots. Maybe a couple more guys get a line as opposed to sitting reserve. You're helping out your fellow pilots too.

Be sure to discuss with your union what your company does when military leave is built into your schedule. My employer (and others) do not use military leave against you. I get the same number of min days off even if I have up to a week of military leave. Yes, my guarantee gets prorated, but that's to be expected. Employers are under no obligation to pay you when you're absent on military leave.

If RAH takes mil leave out of your days off when you schedule it in advance, you have a grievance. They're treating you differently because of your military service.

On to the law. What does USERRA require?

You are required by law to give your employer advance written or verbal notice of upcoming military duty. 38 USC § 4312(a)(1). "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" 38 USC § 4312(b).

Does this mean you have to fill out RAH's form? No. You just have to give notice. I send my base manager an email prior to the bid closing every month, and he passes it on to scheduling.

What does DoD say about your obligation to give notice, if anything? Take a look at 32 CFR 104.6(a)(2)(i)(B) and (C)B) Regardless of the means of providing advance notice, whether written or verbal, it should be provided as early as practicable. DoD strongly recommends that advance notice to civilian employers be provided at least 30 days prior to departure for uniformed service when it is feasible to do so.
(C) The advance notice requirement can be met by providing the employer with a copy of the unit annual training schedule or preparing a standardized letter. The sample employer notification letter in Appendix B of this part may be used for this purpose.
Hey, look at that! DoD strongly recommends you provide at least 30 days advance notice. To me that sounds like DoD expects its uniformed servicemembers, including reservists, to follow the "don't be an ass" rule. You can also look up the Dept. of Labor's own rules regarding notice at 20 CFR 1002.85. They parrot what DoD says.

What does that "Appendix B" letter look like? It's pretty minimal. Here it is.
Appendix B to Part 104—Sample Employer Notification of Uniformed Service
This is to inform you that (insert applicant or Service member's name) must report for military training or duty on (insert date). My last period of work will be on (insert date), which will allow me sufficient time to report for military duty. I will be absent from my position of civilian employment for approximately (enter expected duration of duty as specified on your orders, and include the applicable period you have to return or submit notification of your return to work) while performing military training or duty unless extended by competent military authority or delayed by circumstances beyond my control. I otherwise expect to return to work on (insert date).
Signature and date
Employer acknowledgment and date
Note that you're not required to provide a copy of your orders, or a letter from your CO, or pass along your CO's contact information. You only have to give them what the law requires, and the Appendix B letter above does that.

Why is RAH sending out this new military leave policy? I suspect it's because they're getting jerked around by people who abuse military leave. Don't be one of those guys. You just make it harder for everyone else, and such abuse reflects poorly on your fellow uniformed servicemembers. Also remember that UCMJ Art. 134 prohibits "all conduct of a nature to bring discredit upon the armed forces." Don't be that guy.

Kind regards,
JAGBN
They're sending this because they have a massive staffing shortage. They have been trying to get Service Members ADOS orders cancelled and drills moved to cover their weekend flying.

Nothing to see here, just more shady behavior from RAH management.
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