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Old 06-20-2019, 01:27 PM
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SaltyDog
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Joined APC: Dec 2005
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Originally Posted by Chris99 View Post
https://www.outtengolden.com/news/al...leave-pay-suit

This is interesting. None of the places I've worked for gave me normal pay when out on short-term mil leave. I never gave it much thought...

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USERRA does not require an employer to pay us our normal civilian job pay when serving. Only looking at your posted article, the complaint appears to be based on what the collective bargaining agreement provides other employees. In this case, mentioned pay while on jury duty.
Ok, but some contracts will pay the employee normal pay for a day lost while on jury duty, but the flip side, is the employee may be required to return all monies paid/earned to the employer while on jury duty.
If that clause is similar (I dont know) in the Alaskan CBA, then the equivalent would be, a military member would be required to pay Alaskan all military wages earned in exchange for Alaskan wages while on military.
Bottom line, details of the CBA and USERRA are specific, but outcomes can be very different depending on individual employers contracts. The outcome of this case may have no bearing on your current place of employment based on your CBA. USERRA is the floor, CBA's can raise the floor at individual employers. No one can provide less than USERRA.
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