sailingfun

It's not legal to tell your employer the day prior you are taking mil leave. You are required to notify them when you become aware of the military commitment.

Hueypilot

As of now, the only orders I have are for my Annual Tour days later this summer. When my unit tells me they have a training date to get requal'd, I'll let them know. Beyond the requal orders and AT, I'm going to do my best to fit my mil days into my off days.

130drvr

This^^^^^^^. Huey, take the mil leave as you described and do not give it a second thought. The law exists for a reason and as long as you are performing duty on legit orders and give the company "as much notice as possible," you are 100% fine. They hired you knowing you have a military obligation and they are bound by law to release you, period!

full of luv

Sailing, it was a little more than that. Also, there were lots of caveats as to what duty counted as in support of major operations ie Noble Eagle for example. Because the military/congress started wrapping everything they could link to Noble Eagle, many activations and orders did not count towards the 5 yr limit. DAL said a couple of years ago to the effect, ok all orders prior to 2010 could have been in support of Noble Eagle/GWOT but going forward, you'll need to prove it, so I think you will see a lot of long term MIL types returning.

130drvr

We have answered our nation's call, and deployed to far away combat zones, flying missions under hostile fire, so yeah, we don't believe in kissing a$$, or being diplomatic as you put it. And we most certainly do fight to defend our USERRA rights.

I view your comments as a badge of honor.

full of luv

I agree, but in my units there were missions that could be had all week long. Some of the pilots with lose ethics would volunteer for a trip that left in two days to get orders that would effect their company. Legal, but taking advantage.
Some would volunteer and get orders for a whole month and give their airline weeks of notice to prepare. Legal and legit.
Some would put mil leave in their schedule, the company would drop their trip or bid around it, then the military would cancel the trip and the company would say too bad, so sad, so those pilots tended to wait until they were sure the military orders were in hand before telling the company.
Lots of competing strategies.

Bottom line, when the company doesn't need you, they do not hesitate to furlough, so if staying plugged in to a reserve gig might save your bacon during a downturn, then don't give up that insurance, and don't have any guilt about serving your country.

SaltyDog

With all due respect, your incorrect. USERRA does not require a timeline as you suggest. 4312 a (1)
ESGR and DOD suggest you notify when learn of the military service. However, several companies FOM directs their policy (not to violate USERRA, any many at times push the limit)
ESGR is a non binding

SaltyDog

USERRA and ESGR recognize we are dual employees. We serve both.
Ethics is expected from the employee. The Employer is expected to obey USERRA. There is a difference.
My suggestion: Help your unit out. You have a skill set necessary for the service of our country. Your employer doesn't like it and basically never will but accepts the reality of USERRA. You will likely serve your employer years beyond your ability to serve your respective service.
Personally, am amazed at how many employers are pushing what they 'request' from employees that is NOT required by USERRA. Employers may ask for orders under 30 days, many pilots comply which emboldens employers to ask for more 'relief' from USERRA.
You cannot be terminated or fired for not complying with company request that violate USERRA. At my employer, they ask for all sorts of non USERRA required items.
Talk to DOL VETS , it's OK if an employer asks, bit they cannot mandate or enforce. Example: Give orders before you depart on military service. NOT REQUIRED. As a matter of fact, never have to provide orders. We do have to provide written documentation of our military service if requested for duty over 30 days. A letter from your unit that states you were compliant with USERRA 4304 and 4312.

blastoff

There are also shadowy meetings occurring in D.C. where modifications to USERRA are being discussed at the request of the Legacy carriers. Don't forget to be a good custodian of our USERRA rights; lest we lose them as a result of our own elective practices.

sailingfun

There are not that many left. There was a window in the 01 to 04 timeframe where guys could get back on active duty. Most are back at Delta with their 20 years in.