Long Term Mil Leave Question
As I understand it, USERRA covers us for 5 years of reemployment rights if we are on military leave. (From Title 38... "the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years"). If it is in support of contingency operations there are no time limitations. (Also from Title 38....."does not exceed five years, except that any such period of service shall not include any service--ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress. as determined by the Secretary concerned").
My question is, what do our orders have to say in order to make sure we are covered under this provision, and have any of you guys "pressed to test" with this at your airline or other civilian employer? I'd like to know, because I need a few more years of Active Duty to get an immediate retirement, but that will likely push me over the 5 year limit. However, all of my orders for the last several years (consecutive 1 year MPA tours) have been for OIF/OEF support.