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Military Leave Policy Reminder

Old 08-09-2014, 12:03 PM
  #31  
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Originally Posted by SpikesMyDog View Post
How far in advance do they want notice? How long does it take to get it processed so I don't have to call the DO? If I get a last minute scramble how short notice can I give to the DO?
The company can't make any requirement for advance notice. If your unit calls at 9am in the morning and requests you be there at noon and you have a noon sign in with your employer then that is the notice they get.
On the flip side however you are required to notify your employer as soon as possible after you receive notification of a military duty. If you withhold that notification you lose the protections under the law.


6. Is prior notice to the employer required for leave of absence for military duty?
Yes. Unless precluded by military necessity, advance notice must be provided either orally or in writing. The context for what constitutes timeliness of notification was not spelled out in detail by Congress under USERRA. However, employees who participate in the National Guard or Reserve should provide their employers as much advance notice as possible. Failure to provide notice could result in a denial of the protection of USERRA.

The above is generally interpreted as notice must be given when the reservist or guard member is notified of the duty or 30 days whichever is less.
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Old 08-09-2014, 12:32 PM
  #32  
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YYESIAV8

Would those be the same R days the contact says dropping or moving won't be unreasonably denied? As best I can tell, seems like the company has decided dropping or moving R days is an unreasonable request and should expect to be denied.

Unless those miscreants are doing NO FedEx work, think of it more as becoming voluntary R days as they accomplish makeup trips elsewhere in the month.

It's not as if FedEx Mil Leave is a paid leave, as it is in some other Fortune 500 companies.


And for those PO'd at the company and advocating last minute calls to the DO. Only people really impacted are the crewdawgs waiting at the trip folder.

30 days is way too much, every mil guy has had the experience of orders being cancelled as plans do, occasionally, change. When I played, tried to play it straight. As much notice as was reasonable, with the intent to work around my FedEx schedule as much as possible.

And as someone who sat through EEO 2000, no right thinking individual would ever schedule himself for that. Dec 23rd or not. With no inside knowledge, my guess would be Steve Canyon dodged it for as long as possible until the Wing King made a proclamation from on high that all the little squares must be filled and You Will show up for this class.

And, I have tons of friends who've been repeatedly deployed to less than stellar locations for Birthdays, Christmas, Births, etc. So absolutely no heartburn on my part for someone who sacrificed the 246 hours of eye and ear pain to listen to the sexual harassment PPT show and be home for Christmas....having sacrificed International Pay and a large CH trip
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Old 08-09-2014, 01:07 PM
  #33  
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Originally Posted by sailingfun View Post
On the flip side however you are required to notify your employer as soon as possible after you receive notification of a military duty. If you withhold that notification you lose the protections under the law.
I disagree with the implication here about "as soon as possible". While a pillar of USERRA (one of the 5 requirements) is prior notification, there is no amount of time prior that's required. You MUST provide prior notice to your employer unless some sort of emergency prevents. Think of 9/11 type of event as the level needed to not give prior notice, then you still must give notice ASAP afterwards. For anything less than this "prior" notice is the wording under the law.

Now, in the implementation notes and interpretations in the USERRA implementation section of the Dept of Labor website uses the word "should" in that the uniformed service member "should" provide as much advance notice as he can to minimize the impact on the employer. No where does it say ASAP or give specific time requirements. Also the word "should" is non compulsory in the definitions section.

I would submit that any uniformed service member has the right and duty to provide accurate info to the employer and if one must wait until closer to the military duty date to provide such notice (when schedules are more firmed up) that is fully acceptable under USERRA as long as the notice is PRIOR.
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Old 08-09-2014, 01:45 PM
  #34  
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Originally Posted by kronan View Post

Would those be the same R days the contact says dropping or moving won't be unreasonably denied? As best I can tell, seems like the company has decided dropping or moving R days is an unreasonable request and should expect to be denied.
Those would be the same folks that deny nearly every trip trade for "INSUFFICIENT RESERVES" ... doesn't that really mean, "We failed to properly man the airline so we can't allow you to change your schedule unless you call in sick or take Military leave!*?


.
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Old 08-09-2014, 02:14 PM
  #35  
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Starting to believe that BM is on our side. He has communicated, in no uncertain terms, about three issues where the pilots have control. For that, I say thank you and continue to advise us on any other issues.
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Old 08-09-2014, 04:03 PM
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No insider knowledge, but kinda wonder if BM wanders through life constantly expressing "what? What'd I Say?"
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Old 08-09-2014, 04:51 PM
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Originally Posted by MX727 View Post

Starting to believe that BM is on our side.

Do you live in Colorado? Cause ... you must be high !*?
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Old 08-09-2014, 06:36 PM
  #38  
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Originally Posted by MaydayMark View Post
Do you live in Colorado? Cause ... you must be high !*?
MM,
I think you missed his point.....
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Old 08-10-2014, 04:30 AM
  #39  
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Originally Posted by Tanker-driver View Post
Sounds like a serious breach of ethics if someone is representing themselves by their military rank in order to accomplish business on behalf of a civilian company. If I did such a thing, I'd expect that my supervisor would be notified promptly.
I think you're right. My unit has been called by "FDX MAJGEN DT" My OPSO said, "I didn't know FDX had Generals..." Classic.

Anywho, I found this in Chapter 2, Section 304 of the DOD 5500.7R - Joint Ethics Regulation:

2-304. Use of Military Title by Retirees or Reserves. Retired military members and members of Reserve Components, not on active duty, may use military titles in connection with commercial enterprises, provided they clearly indicate their retired or inactive Reserve status. However, any use of military titles is prohibited if it in any way casts discredit on DoD or gives the appearance of sponsorship, sanction, endorsement, or approval by DoD.


Hmmm......
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Old 08-10-2014, 06:11 AM
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Originally Posted by magic rat View Post
I think you're right. My unit has been called by "FDX MAJGEN DT" My OPSO said, "I didn't know FDX had Generals..." Classic.

Anywho, I found this in Chapter 2, Section 304 of the DOD 5500.7R - Joint Ethics Regulation:

2-304. Use of Military Title by Retirees or Reserves. Retired military members and members of Reserve Components, not on active duty, may use military titles in connection with commercial enterprises, provided they clearly indicate their retired or inactive Reserve status. However, any use of military titles is prohibited if it in any way casts discredit on DoD or gives the appearance of sponsorship, sanction, endorsement, or approval by DoD.


Hmmm......

I think you fail to understand that Mr. Ego (DT) is so far superior to the rest of us, that Ethics and the Law no longer apply to him. That is why we MUST address him as Gen. or Dr.. At least he gives us a choice!

You would think someone as omnipotent as he is, would understand that respect is earned. I have not heard a single FedEx pilot that respects HIM... or his flying/management skills. That of course, makes him perfect management material.
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