Military Leave Policy Reminder
#21
Line Holder
Joined APC: Jun 2014
Position: 11CA
Posts: 47
Just to make sure everyone understands...
From the most recent missive titled as above:
"In each of these cases, the process for submitting a military leave request is outlined, and we encourage crewmembers to provide us with as early a notice as possible of their upcoming military service."
Just to reinforce, per Federal law (USERRA), there is no "request" required. The ONLY requirement a service member has is to "notify" the employer when work will be missed for military service. Also, there is no requirement per Federal law to use any company provided means to do this notification. A phone call to the Duty Officer is sufficient.
I'm sure it was simply an oversight. Maybe he should have run it through the "uniquely qualified" Military Affairs Liaison. I bet he's completely familiar with the law...
"In each of these cases, the process for submitting a military leave request is outlined, and we encourage crewmembers to provide us with as early a notice as possible of their upcoming military service."
Just to reinforce, per Federal law (USERRA), there is no "request" required. The ONLY requirement a service member has is to "notify" the employer when work will be missed for military service. Also, there is no requirement per Federal law to use any company provided means to do this notification. A phone call to the Duty Officer is sufficient.
I'm sure it was simply an oversight. Maybe he should have run it through the "uniquely qualified" Military Affairs Liaison. I bet he's completely familiar with the law...
Also, not all of our "appreciated" service members are aware that a travel day, on each side of your military orders, is allowed, if needed/desired.
#22
Line Holder
Thread Starter
Joined APC: Jul 2014
Posts: 55
Like Extension and Expansion with Vacation (totally different meaning, but often confused), I think the importance of your remarks may have been missed on some readers. FedEx calls it a REQUEST. The LAW requires NOTIFICATION. When you fill out FedEx's Request, you have fulfilled the LAW by Notifying the company....end of obligation and no waiting for an "approval" (e-mail, phone call, blessing from Mr. Ego (DT)) is required.
Also, not all of our "appreciated" service members are aware that a travel day, on each side of your military orders, is allowed, if needed/desired.
Also, not all of our "appreciated" service members are aware that a travel day, on each side of your military orders, is allowed, if needed/desired.
#23
I'm thinking ALPA probably has a Military Affairs volunteer that can help educate the company of their legal obligations when dealing with those of us that need time to attend to our Military duties. ...
I'm not sure about the rest of you, I don't have a problem advising the "General" of the days I intend to take off. It should be easy, seems like simply advising my Fleet Captain or the PAC would fulfill my legal responsibility.
Quite frankly, we should be able to input Military Training Days in VIPS with NO QUESTIONS ASKED!*? If you'd like a copy of my orders, I'm sure I can have an Admiral discuss that with the General.
FYI ... the current Navy VADM (O-8) "Chief of the Naval Reserve" is a FedEx pilot on Military leave. Do we need to have her call and speak to the "General"?
I'm not sure about the rest of you, I don't have a problem advising the "General" of the days I intend to take off. It should be easy, seems like simply advising my Fleet Captain or the PAC would fulfill my legal responsibility.
Quite frankly, we should be able to input Military Training Days in VIPS with NO QUESTIONS ASKED!*? If you'd like a copy of my orders, I'm sure I can have an Admiral discuss that with the General.
FYI ... the current Navy VADM (O-8) "Chief of the Naval Reserve" is a FedEx pilot on Military leave. Do we need to have her call and speak to the "General"?
Last edited by MaydayMark; 08-09-2014 at 06:56 AM.
#24
Thanks. That's the exact point I was trying to make. They've had this passive/aggressive thing going on for years where they try to make military members think you have to "request" to go on mil leave and that you have to wait for "approval". They like it that way since it serves their purposes and can work to intimidate military members.
USERRA law is administered by the Department of Labor.
FedEx will call commander to "pressure" them to ask you not to work during certain times if the company feels that it is "inconvenient" for them. FedEx cannot "harass" military members, so they want your CO to do it. I would think repeated calls is harassment, and the DOL is the only agency that has to agree.
#25
The Company knows that, and they love it.
.
#26
Gets Weekends Off
Joined APC: Mar 2007
Posts: 333
So true!
He works for an MEC Chairman who is allergic to conflict and controversy, so any response from a committee chairman to The Company's latest Intimidation Volley would be considered provocative and combative, and therefore not allowed.
The Company knows that, and they love it.
.
The Company knows that, and they love it.
.
#27
Always two sides to a discussion, sometimes more. In the past the behavior of some of our compatriots may have helped drive the company in the direction they've gone. Not saying it's right, but when you see guys dropping a mil leave day every 3rd day in a big R day block in ANC I can see where the company would get frustrated. Or the guy who scheduled himself for a 1 day sexual harassment class on Dec. 23rd which then knocked out a large international trip.
That being said, from the USERRA web site's FAQ's;
Q: Must the employee give advance notice to his or her employer for a leave of absence due to military service?
Yes. The employee, or an appropriate officer of the uniformed service in which his or her service is to be performed, must notify the employer that the employee intends to leave the employment position to perform military service. If the employee has more than one employer, each employer must be notified of the impending leave of absence due to military service.
USERRA regulations provide that an “appropriate officer” can give notice on the employee’s behalf. An “appropriate officer” is a commissioned, warrant, or non-commissioned officer authorized to give such notice by the military branch concerned. The employee’s notice to the employer may be either verbal or written. The notice may be informal and does not need to follow any particular format.
Although USERRA does not state how far in advance notice must be given to the employer, an employee should provide notice as far in advance as is reasonable under the circumstances. The Defense Department “strongly recommends advance notice to civilian employers be provided at least 30 days prior to departure for uniformed service when it is feasible to do so.”
Q: Is the employee required to get permission from his or her employer before leaving to perform military service?
No. The employee is not required to ask for or get his or her employer’s permission to leave to perform military service. The employee is only required to give the employer notice of pending service.
That being said, from the USERRA web site's FAQ's;
Q: Must the employee give advance notice to his or her employer for a leave of absence due to military service?
Yes. The employee, or an appropriate officer of the uniformed service in which his or her service is to be performed, must notify the employer that the employee intends to leave the employment position to perform military service. If the employee has more than one employer, each employer must be notified of the impending leave of absence due to military service.
USERRA regulations provide that an “appropriate officer” can give notice on the employee’s behalf. An “appropriate officer” is a commissioned, warrant, or non-commissioned officer authorized to give such notice by the military branch concerned. The employee’s notice to the employer may be either verbal or written. The notice may be informal and does not need to follow any particular format.
Although USERRA does not state how far in advance notice must be given to the employer, an employee should provide notice as far in advance as is reasonable under the circumstances. The Defense Department “strongly recommends advance notice to civilian employers be provided at least 30 days prior to departure for uniformed service when it is feasible to do so.”
Q: Is the employee required to get permission from his or her employer before leaving to perform military service?
No. The employee is not required to ask for or get his or her employer’s permission to leave to perform military service. The employee is only required to give the employer notice of pending service.
#28
Gets Weekends Off
Joined APC: Jun 2005
Posts: 170
So, the company hires these pilots, knowing full well that they still have military obligations. Then the company gets upset when these pilots fulfill those military obligations, like it is some sort of surprise. Huh?!?
#29
One issue is airlines are still fighting the last battle. When I was a 727 FO making 60 bucks an hour, it was a huge financial incentive to go on orders or do a UTA/FTP as I made more in the military than I did the first couple years here.
These days, guys are making $125-$150 an hour year 2 as 757 or MD/777/Bus FOs. Any day off work is often a financial hit, not a perk.
I know there were guys who probably dropped a lot of trips in the past, but with the SO seat gone and a higher pay rate these days, I suspect it won't be as big a problem for FDX, SWA, and the rest of the companies as it was in the decade of chapter 7/13 airlines and concessionary contracts.
The few guys I know on mil leave are all F-22 guys, and they are all on leave because they are extremely capable guys that have been by-name requested for specific, high profile high demand taskings. I know one personally that was digging flying the MD around the globe, and only did this because his leadership begged him to come back and help.
There may be some bad apples out there. Most of the guys I know are warriors and patriots, just trying to keep 2 sets of bosses and a momma happy. As a guy who did it six years, I can say without reservation it can be a very difficult mix. Generally you end up feeling like your CP thinks you are a scamming and your military boss thinks you are a slacker. So why take it on? Most guys do it for their country, their family, and because when you can fly a fighter or do something cool in a military plane and get to fly an airliner too, its a pretty neat experience. A lot of of the anti-military/Guard backlash isn't just productivity issues, in some cases its pure jealously. Not everyone can manage two jobs effectively. I for one am grateful for those of you that do it so well….
These days, guys are making $125-$150 an hour year 2 as 757 or MD/777/Bus FOs. Any day off work is often a financial hit, not a perk.
I know there were guys who probably dropped a lot of trips in the past, but with the SO seat gone and a higher pay rate these days, I suspect it won't be as big a problem for FDX, SWA, and the rest of the companies as it was in the decade of chapter 7/13 airlines and concessionary contracts.
The few guys I know on mil leave are all F-22 guys, and they are all on leave because they are extremely capable guys that have been by-name requested for specific, high profile high demand taskings. I know one personally that was digging flying the MD around the globe, and only did this because his leadership begged him to come back and help.
There may be some bad apples out there. Most of the guys I know are warriors and patriots, just trying to keep 2 sets of bosses and a momma happy. As a guy who did it six years, I can say without reservation it can be a very difficult mix. Generally you end up feeling like your CP thinks you are a scamming and your military boss thinks you are a slacker. So why take it on? Most guys do it for their country, their family, and because when you can fly a fighter or do something cool in a military plane and get to fly an airliner too, its a pretty neat experience. A lot of of the anti-military/Guard backlash isn't just productivity issues, in some cases its pure jealously. Not everyone can manage two jobs effectively. I for one am grateful for those of you that do it so well….
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