dtfl,
I'll start you with this gem for a generic index of USERRA topics. The author co-wrote the current USERRA law and is a retired Navy JAG.

Reserve Officers Association: ROA Law Review Index


Specifically for your question, you are asking about service less than 31 days, over 31 days it is not an issue. I modified this which I wrote for my airline, but it is a real example, explains the same for you and others.


You are thinking of USERRA Section 4312 (e) 1. (a) i, and ii;

"In the case of a person whose period of service in the uniformed services
was less than 31 days, by reporting to the employer--

i. not later than the beginning of the first full regularly scheduled
work period on the first full calendar day following the completion
of the period of service and the expiration of eight hours after a period
allowing for the safe transportation of the person from the place of
that service to the person's residence; or

ii. as soon as possible after the expiration of the eight-hour period
referred to in clause (I), if reporting within the period referred to
in such clause is impossible or unreasonable through no fault of the
person."

Also, refer to your FOM, which all generically require us to be well rested and ready for a full duty day when you report for duty.

FAR's also require a fitness for duty in FAR 121.471 (a) talking about maximum scheduled times with required rest to operate commercially (121/135) and 121.471(f) which discusses that airlines must include deadhead time as duty time. So in effect, must the military, reason it is covered by USERRA in similiar fashion. I won't expand upon the FAR element, but FAR 121.471 and USERRA 4312 (e) back each other and are complementary to us as pilots. Rest assured <g>, you are required to be rested prior to starting your duty with your airline and need to include your commutes which are allowed under USERRA as part of the Military Service.

Example: You are an ANC MD-11 crewmember who lives in Miami, drills
at Charleston AFB flying C-17's. You drill for a week and return from
a mission that lands you at 1130Z on a Tuesday.

Question: You have a ANC pairing that begins 12 hours later at 2330Z.
Can my airline expect you to be on your trip?

Ans. No. you are protected in 4312 (e) 1. (a) i, and ii. Even if you
lived in ANC, you would not be able to travel in time, etc.
What this crewmember needs to do is drop the next pairing for Military service until they could reasonably meet the statute and be fully prepared to fly a full crew duty day upon reporting to ANC. This is interpreted that
one would take the "8 hours" rest upon arriving in ANC.

In other words, if it was me in this situation, I would take an 1130Z
arrival on Tuesday, commute to MIA (my home)after rest if necessary,
lets say it is, so I add 9 hours and commute home that afternoon. It
is now 1930Z Tuesday. It takes 5 hours to MIA. I arrive at "home" at
0030Z on Wednesday. All covered in subsection i. I rest for 8 hours
(0830Z Wednesday) and now begin travel to ANC, it takes 16 hours. Upon
arrival 0030 Thursday), I take 8 hours rest to ensure I can operate
a full crew duty day at my airline. It is now 0830Z on Thursday, a full 45
hours since landing at Charleston. I would request Military Servcie Leave until I could meet all the requirements as required by USERRA/FAR/FOM. In this example, My Military Service Leave request would extend for 2 days beyond my landing time in Charleston.
Ailrline won't give you grief. You are expected to comply with the law, FAR's, and your FOM.
If you lived in ANC, subtract the commute and rest to MIA (13 hours) It
would not change my Military Service Leave request at all.
Hope this helps