Am not Purple but the questions here apply to all employers.

Pensions: USERRA requires they pay what you would have made had you stayed. Since we are talking hourly waged employees, and your contract covers your minimum pay guarantee, then FEDEX must pay your min. guarantee while out on long term Military. USERRA also requires a prompt payment upon your return from military service. You cannot be discriminated against in USERRA on pension payments like it was suggested (If you take alot of mil, your 'average' wage would be lower hours. If FEDEX is doing that to you, your Mil Rep should be informed. We would have the company pay up or be enroute to the DOL via ESGR. Again, pension should be paid at contract guarantee for the line pilots. The 'average' applies to sales people or managers, etc. who do not have a contract to refer, etc. Also, for those who make an upgrade form one seat to another while out on MIL, the effective date of that equipment bid is the new USERRA reference point for those pension benefits. Example: Go on MIL leave on 01 Jan 2008 for 18 months as an narrowbody F/O and leave a standing bid for narrowbody Capt. While on Mil leave, company runs a sytem bid and said pilot gets the upgrade to Capt effective on 01 June 2008, when crewmember returns in June 2009 how should the pilots Pension be restored? After training and succesful release as Capt, the company would then restore Pension benefits at 6 months as narrowbody F/O and 12 months as narrowbody Capt (even though just trained since the pilot has to be treated as if never left. You will (most likely) have to review this element of USERRA law with your payroll folks to ensure proper payments.


Regarding Jumpseat, USERRA 1994 and USERRA Final Rules 2005 do not specifically address this animal. From JS coordinators, the FAA is OK with folks on MIL using a JS. This implies OK to stay in CASS. The real question: How does Fedex treat other unpaid leave employees. Example: Does Fedex allow someone on FMLA the CASS option? USERRA says must be treated like other employees in same circumstance (unpaid leave). If they drop FMLA, then difficult to get a discrimination case with DOL. If FMLA and personal leave of absence folks (unpaid leave) get any benefit that is not accorded to the military crewmember, you have a discrimination case and USERRA violation (ala AMR). Am sure Fedex has signed an ESGR Employer Statement of Support. Would ask your Mil reps to use that as a reason to maintain mil members on CASS while on long term mil. Fedex wants the nationally recognized and good for business " Secretary of Defense Employer Support Freedom Award " which is the highest recognition given by the U.S. government to employers for their support of National Guard and Reserve employees. Only employees can start that nomination process.

Practically, often these issues are technical (software issues) that haven't been programmed with USERRA in mind. The software writers have no idea what USERRA is, and management would likely have not referenced USERRA, only company policy and the contract.
It is often the opinion of folks at DOL and ESGR to not simply write USERRA in the contract, the contract should specify how to apply USERRA at your employer, etc. i.e. issues like JS while on long term Mil could be written as "will remain in CASS"
Their is a good reason to use ESGR/DOL to enforce USERRA over union atty's. on many issues. Why? ESGR and DOL/DOJ are experts in USERRA and it frequently allows the employee (MIL reps) the option to go that track and get faster resolution. Reference the AMR lawsuit that the military pilots DOL complaint went to DOJ for enforcement. Doubtful that APA nor any union would have gotten AMR/insert "your" airline here to comply with USERRA law except DOL/DOJ track.
Disclaimer: All just my opinion and no legal advice being offered, just offering observations.......