Raptor

And that settlement was just the company agreeing to what they should have been doing in the first place per USERRA.

I too had dropped trips to avoid the mil leave hassle of the time. I hope that everyone still performing service realizes that they should take mil leave for every trip they need to drop to perform their military service. Don't leave pension payments and imputed earnings behind to avoid the hassle today.

SteveA

Does anyone have the true answer regarding the DSA contribution upon returning from long term MLA? I was on mil leave for 7 years, all of which were exempt from the USERRA 5 year limit. The company calculated the contribution for 5 years, saying that was the max they had to do. Further, the company rep would not tell me how it was calculated...she referred me to the union. I THINK they took what was left in my sick bank when I went out and multiplied that by 5, assuming that was the amount of sick I would take each year I was gone.

It seems they should take years of MLA and multiply it by 72.

Raptor

From my research over the years, this is the best answer I can give you:

USERRA, like our contract, is only as good as the company wants to give you--unless you want to grieve it or go to DOL over it. It's hard to fight the USERRA battle by yourself, but that's what you have to do: research and call in the DOL when warranted. The union gives very little help (or at least they did in past years) with USERRA issues. So, if the company says they gave you 5 of years because that's all they had to do, you have to pursue any issues you have with ESGR, DOL, etc, if your contact with the company doesn't produce a satisfactory result for you.

Many people, myself included, got a DSA bump-up for our time away. Some PMs to me and posts on these forums show that some people haven't gotten any DSA bump-up on their return. I can't figure out the rhyme or reason why some people seem to have been treated differently. It seems the more recent Mil Leave long term guys/gals may have not been getting it?

What most people have experienced from what I've heard over the past decade plus (when they got a DSA bump-up on return at all) is the company will take your usage the previous 12 months and use that as the basis of your bump-up. For example, in the prior 12 months to your long-term MLA, if you used half your sick leave, then went out on long-term MLA for 4 years, you would get 36*4 as your DSA bump-up. If you used no sick leave before you went out for 4 years, you would get 72*4, and if you had the misfortune to break a leg and were out for 72 hours in the 12 months before you went on long term MLA, then you got nothing as a bump-up on return.

Some general USERRA information (lots of nuances and caveats I could add, but not for this particular post!): USERRA generally protects perquisites of seniority. Thus, when you return from long-term MLA you get things "fixed" that are based on definite progress you would have made if you hadn't been gone. You get to select any seat/plane you could have held on any bid while you were gone (escalator principle--you tell them, they don't tell you what you want to come back on, they have to start your pay within two weeks of your return), you get pension make up (the 7% contribution), you come back with all years counted towards pay status (left on 4th year pay, were out 4 years, you now are on 8th year pay), you are on 8th year vacation earnings, you get to make up any 401(k) contributions you desire (you get 5 times the period you were gone, max of 5 years to make up any 401(k) you desire--so don't pass up company $500 match, make sure you put in at least $500 each year you were gone to get the free company money match--contact Vanguard), etc. In general, you can also be treated no worse than any other form of leave at the company. So if personal leave, jury duty leave, disability leave, etc provides a benefit, you must receive at least the same benefit while on a leave of absence due to military leave.

But, RSA and Vacation earnings are generally not held to be perquisites of seniority. (Case law is pretty clear on this.) Most airlines (AA excepted) don't get any vacation or RSA/DSA modification on their return. FedEx is an exception though for one simple reason: when you have over 686 hours, those excess hours go into your retirement. This is the reason that FedEx HAS to make up DSA for the time you were gone. USERRA is very clear that it protects all forms of retirement. (Let's hope we never negotiate away this 686 hours spill over into retirement because if we do, then DSA bump-up will no longer apply to returning military leave FedEx pilots.) Vacation doesn't accrue while you're away. In fact, vacation is earned in arrears, so you earn your vacation for 2015 by working in 2014--so the returning military leave pilot may have no vacation depending on how long their military leave was.

I don't understand how FedEx can claim 5 years is all they have to make up when they've agreed that some make-up is required. The 5 year limit is a USERRA limit on duty whereby the member is protected by the law. But, there are exceptions on the time limit for national emergencies, contingencies, etc. Most of the long term duty post 9/11 was exempt from the 5 year limit, which it seems clear from your post that you know this being away for 7 years. But, it makes no sense that all FedEx will "reimburse" you is 5 years...the law makes no limit on benefits, it just says you're protected for a max of 5 years with exceptions. I would point out the line on your DD214 or orders which state, "this duty is exempt from Title xx, USC..." and maybe this would prod FedEx legal to realize that you were exempt from the 5 year limit, so the process of making you whole should account for the entire 7 years. They are clearly wrong to limit it to 5 years, once they've agreed to pay something--it has to be the entire 7 (as long as the 2 additional years were exempt from the USERRA limits). I would press to test on this issue as they're clearly wrong.

As to the last item of how can a company calculate pay, sick hours, etc while a pilot is gone. USERRA provides two general methods. The first is when your pay or benefits are definite (a salaried employee for example). This first case is easy...you get the definite amount. The second method permitted is a company can use the prior 12 months to calculate values. In this case, FedEx has been using your usage of the prior 12 months of RSA to base their DSA bump-up. I have had pilots PM me that they've talked to DOL and they feel that since sick hours is a definite amount of 72 hours per year, that's what pilots should get. The only way to establish the case for everyone's benefit is to proceed with a complaint to DOL/Vets. Someone will have to stand tall and press DOL to take the case.

Who will that someone be?

JackBurro

I can't stand it any longer.

This "Mil Leave" hoorah parade that our Chief Pilot and the Company's rep. are trying to display is strictly a one way street during the months of Nov. and Dec.

For those of you who aren't familiar, the normal process is strictly computerized. Provided you are more than 2 days away from your mil lv, you simply put your dates in the computer and it normally gets processed within 1 or 2 days max. Inside that window you have to coordinate through the duty officer. HOWEVER, this only works Jan - through Oct.

During Nov and Dec, this policy changes (unbeknownst to the military member as there is nothing written about the change). The only way to get your leave processed is to have a nice chat with the Company rep., Gen, Cap, Dr DT. The company is perfectly within their rights to do this. Also, there is nothing written on how long the company has to process the mil lv "notification" (not a request).

While the company wants US to be timely in our submission of mil leave, we would ask that the company reciprocate that timeliness. Two years ago, a fellow Guardsman submitted notification in early Dec and it sat UNPROCESSED for over 2 weeks. He finally had to call the duty officer 36 hours prior to get the mil leave processed. By the way, this did not touch Christmas Eve or Christmas Day. Miraculously, a mere 30 minutes after the leave is processed that he gets a call from the company rep. To validate this mil leave, the individual's commander emailed the ACP, Chief Pilot and the DT as a preemptive strike to validate this need. There was zero response from all 3
individuals. I repeat, zero! Very unprofessional if you ask me.

Last November was a very similar situation. Mil leave sat unprocessed for 8 days and the finally received a phone call from DT. He wanted to make sure this member wasn't pulling the "trump card" as he put it.

There is no excuse for the delay and strong arm tactics that the company employs during this period. Rather than looking at historical data and trying to figure out a way to mitigate the pilot shortages, they employ the intimidation and fear tactics.

I know for a fact that several Guard units are migrating to missions that operate 24/7 365 days year. Military duty does not stop during Nov and Dec.

While our illustrious Chief Pilot has asked that mil leave notifications be submitted in a timely manner, our military members would ask that these notifications get processed in a timely manner as well.

And yes, FDX ALPA reps were notified and CC'ed on all correspondence.

Wind me up cause I'm just getting started.

The Walrus

Don't sweat the processing. If you have sent the notification, you have met the letter of the law. Let the scheduler figure it out when they are short a pilot at showtime.

Flying Boxes

They can have whatever policy they want. Once you have notified them of your service it is automatically "approved" according to the law. If you provided the required notification prior to the service (I suggest printing the "notification" web page) the company will be in big trouble with the DOL. Document any harassment. YOU DON'T NEED ANY FEDEX MGR/SCHD APPROVAL.

If they have extra money laying around that they can pay DT to harass reservist, they have money to pay us a MUCH BETTER contract!

PurpleToolBox

I have to admit, in the past, I have just dropped trips in order to take military leave. Now I see how that has cost me.

Stupid question .. I have vacation followed by days off on my schedule. I need to take military leave which would start on the last two days of vacation and extend into my days off.

Should I enter military leave into VIPs for only the days that I'm off work, or only on the vacation days, on both, or neither?

Thanks for the help.

Raptor

You need to give prior notice. People tend to not put in military leave when it doesn't affect their FedEx schedule. There are two schools of thought 1) prior notice is only needed prior to actual work 2) and the "what if" scenario.

For 2) ... What happens if you get injured while on vacation while performing military service and this injury keeps you from working for anyone for 6 months? Have you then given prior notice that's required by USERRA? I don't know the answer. If you are on mil leave status and you get injured and can't work for 6 months, USERRA will protect your civilian job, you'll get your pension payments, etc.

Also, at FedEx, military leave under 2 weeks has absolutely no affect on your schedule or status. In other words it doesn't alter your status (to pay only for example). So if your military leave NOTIFICATION is for service planned under 2 weeks, why not be on the safe side and not rely on any interpretations?

JackBurro

Boxes-
I'm with you 100%! After I put my notification in, I'm done. I have complied with the law. Period. This is exactly what I do now and I don't fret over it.

But I had to vent my frustrations on how the process is one-sided during peak. By delaying the input of the notifications, the company only creates additional stress and work on the duty officer, crew scheduling and GOC. Comical really!

Raptor

The military leave form didn't cover what I needed all the time when I was serving. I don't know how flexible it is now?

One way to cover your butt if they don't process over peak is to simply email your Fleet Captain with a CC to your personal email account. That way you have a record, you've complied with USERRA requirements, etc.

I would always save a copy of your military leave input too.

One thing to note: USERRA is a law in equity. Simply put, you must be "harmed" before you can get a redress under the law. Words mean nothing, it's actions taken that harm you that are actionable (in general). So, the company can say "we'll fire you if you take mil leave over Christmas", "who do you want to work for, us, or the military", "have your commander call us", etc, etc. They can put on their military leave form that it's a request, they can not post it in your schedule making you think you'll get in trouble for missing a trip, etc, etc, etc. But, until they take ACTION, they haven't violated the law! Thus, you have to have the knowledge of the law and the stones to follow the law. You must know it's a notification, you must know that you should provide contact information for your unit commander and that's it, you don't have to see it posted in your schedule, you don't have to provide any form of orders/LES/letter from the unit (unless it's over 30 days), etc, etc. It's not until the company disciplines you for "missing" a trip, disciplines you for not giving them a letter from your commander for military leave that they've done something legally wrong (the morally wrong issue aside).

I stood up years ago and refused to provide a letter from my unit and nothing happened! I then stopped providing letters each time I took military leave (which is what the company wanted over a decade ago) and....nothing happened! That's when I realized what the company was doing: they were throwing "legal" roadblocks in my way of serving my country and working for them. These roadblocks ONLY worked because I didn't have knowledge of USERRA. They wanted me and everyone else to take less military leave and were simply doing what they could to chill my use of it. I had been dropping trips to avoid the hassle of taking military leave because at the time I wasn't smart enough about the law to know how that was hurting me by not taking military leave.

That same thing goes on today. Everyone who is still serving MUST take the time to learn the 5 requirements of USERRA and they MUST comply with those 5 requirements. Then follow the law and expect the company to follow the law also. They have a large team of lawyers and you can bet they won't discipline you for missing a trip over December that THEY failed to drop for you when you put in your military leave form. Just make sure you keep a copy of your mil leave submittal. If you feel your form isn't enough for you, record your call to the duty officer (you have the right because both of you know it's a recorded line so the right for you to record holds just as true as their right to record), or email your Fleet Captain (who is your supervisor) and copy the email to yourself and say you will be gone on military leave...and then move on with your plans and don't worry about what gets posted in your schedule.

If you military leave form won't allow you to input your travel time to and from your military job, put that in the notes. If it won't allow you to input days for military leave when you're on vacation, send an email to your Fleet Captain. Cover your butts with prior notification. It's really the only pillar of USERRA that puts the onus on you, so COVER YOUR BUTT!!!!! Take military leave for EVERY military duty to cover your butt in case you get injured and can't return to work.