PotatoChip

Quick question:
Can you join active duty and keep your seniority number at an airline?
Speaking from a non-prior joining perspective. Or does that only work if going reserve?
Thanks.

RemiDenton

USERRA only holds protections for up to 5 years accumulative. I’m not sure about jointing after you have the gig but that’s a big factor regardless.

PotatoChip

Right, I’ve seen that.
So sake of argument, one gets commissioned and has a four year commitment. Then separates and goes back.
No probs.
But it’s cutting it tight.

RemiDenton

... don’t take this the wrong way. But in a pilot forum... are you talking about enlisting or commissioning? And if you commission are you not trying to fly?

If you fly you will have a contract a lot longer than 4 years.


Sent from my iPhone using Tapatalk

PotatoChip

Commissioning. Non-pilot MOS.

rickair7777

This is very wrong, and also a very common misconception.

The five year limit ONLY counts active duty which is totally voluntary and discretionary, and is also not in support of major contingency operations. It also does not count guard/reserve routine training.

USERRA was enacted to protect guard/reserve but also applies to regular active duty.

These types of active duty are exempt from the five year limit, and this list is not exhaustive...

1. AD for initial training. This can be years, if the skillset requires that (typical for pilots).
2. Any initial AD obligation incurred. Initial AD obligation is typically at least 3-4 years.
3. AD performing any additional training.
4. Any AD obligation incurred for said training.
5. Any service in, or in support of, major contingency operations. Until recently many guard and most reserve AD orders fell under this.
5. Any routine guard/reserve training (not limited to one weekend/two weeks, just has to be mandated by your unit).

So you can join the guard/reserves, do several years of AD for initial training, then monthly/annual training to 20 years, and retire without touching one day of your five-year limit.

It's also possible to do 20 years on regular AD... the first ten+ is typically all obligated anyway if you're a pilot, and you get five years of voluntary service. That gets you to 15. Somewhere in there if you do a lengthy school with a service obligation, then that would get you another five obligated. A two-year masters program with a three year payback obligation would do it.

Don't worry about the five years limit unless you want to do 20 years AD, or are in the reserves and want to do a lot of volunteer orders. New members can disregard any five-year limit issues, it doesn't apply at that point

PotatoChip

Thanks, Rick. That makes sense. I’m trying to read through the actual document.
I’m going to talk with HR as well to see if they see it this way as well. Getting some ducks in a row.

jamesholzhauer

I’d talk to the mil affairs committee and leave HR out of it, personally. I don’t think ours are experts or otherwise very knowledgeable about mil leave, hence why they outsource it to Sedgwick to handle. And those guys are clueless when I talked to them about it.

PotatoChip

Good intel, thanks. Will do.

rickair7777

This.

Many HR depts are either grossly ignorant of the (complicated and nuanced) rules, or are willfully pushing boundaries and grey areas to intimidate and discourage participation.

Never ask HR. Get the right answer and then tell HR what you're doing.

Some companies try to force you to "request" mil leave and get "approval". You don't have to play that game, you can simply email scheduling (cc your CP) notifying them of what you're doing (with reasonable lead time). But play their game if on probation.