Originally Posted by
TED74
Could be both. If it helps to drop the concept of credit, I could just call it prorated GS trigger based on federally protected military service. The intent of USERRA law is paraphrased by "like you never left". The GS trigger is currently designed "like you were here the whole time, sitting on your arse".
Say the company went to a 3-month trigger and said you need to fly 240 hours in any three months to be eligible for GS in that period. If Captain Jones deploys to the horn of Africa in June and July, then flies 80 hours in August, I'd be A Okay with letting him be prorated-eligible for greenies in August. But I realize you think that is blasphemous entitlement. I'll agree to disagree. Lucky for you, the policy is as you'd like it.
Serious question. USERRA doesn't apply to just pilots, so assume you are not a pilot and don't work for Delta, but instead are in the Reserves or Guard and work for Coca-Cola as a full-time hourly employee. If you did 5 days one week (the days you usually worked for Coca-Cola) of Military duty and then worked the following 2 days for Coca-Cola, do you expect that Coca-Cola should pay you overtime wages for those 2 days because if you had been there and worked for Coca-Cola the prior 5 days (as if you never left) you would now be getting paid overtime? Would USERRA require that?