Originally Posted by
Frank Grimes
That's why they need to be dealt with. They are breaking the USERRA law, it's not just the FOM. If the government and Delta are going to give us this benefit, we have to uphold our end of the bargain.
Lawsuit still going on for about 8 years now about guys getting fired from Delta for abusing mil leave.
What exactly is "abusing mil leave."
Taking mil leave over Christmas? If it's documented per USERRA*, that isn't abuse. 12 days of orders spanning a 3-day weekend? If it's documented per USERRA, that isn't abuse. On MEDCON orders not performing duty? If it's documented per USERRA, that isn't abuse. Doing four hours of CBTs and writing OPRs on Thanksgiving morning with a telecommute memo on file? If it's documented per USERRA, that isn't abuse.
The company has the right to call the commander and discuss alternatives (past and present duty). I've taken these calls from chief pilots.
Either the SM is performing military duty, to include non-work days while on orders, or they are not. That's it. Convenient or inconvenient to the civilian employer.
I would argue that a commander who fosters an "anything goes" culture of certifying orders without verifying duty is the real "abuser." They're setting up both their organization and their people for monumental failure.
In my mind, "abusing mil leave" is synonymous with committing a crime (getting paid for not performing duty). "Abusing mil leave" is a powerful accusation.
*Documentation includes a commander letter.