Originally Posted by SaltyDog

All,
Have extensive experience working with an employer and the Uniformed Services Employment and Remployment Rights Act (USERRA). The Department of Labor administers the law through their Veterans Employment & Training Service (VETS) whose job is designed to
" provide veterans and transitioning service members with the resources and services to succeed in the 21st century workforce by maximizing their employment opportunities, protecting their employment rights and meeting labor-market demands with qualified veterans today." They also handle complaints of all of us employees.



Airlines are notorius for their ignorance of the law. We are working hard where I am working to work through the challenges such as this one. Different company, same USERRA Law.
Here is the most important clause, it is the section that makes sure all of us knotheads will still serve Uncle Sam. Since we are all volunteers, Sam needs to give us cover to keep a civilian job. Just like the VETS mission statement <g>


§ 4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited (a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation. (b) An employer may not discriminate in employment against or take any adverse employment action against any person because such person (1) has taken an action to enforce a protection afforded any person under this chapter, (2) has testified or otherwise made a statement in or in connection with any proceeding under this chapter, (3) has assisted or otherwise participated in an investigation under this chapter, or (4) has exercised a right provided for in this chapter. The prohibition in this subsection shall apply with respect to a person regardless of whether that person has performed service in the uniformed services. (c) An employer shall be considered to have engaged in actions prohibited— (1) under subsection (a), if the person’s membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer’s action, unless the employer can prove that the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service;
Title 38, United States Code, Chapter 43 – Employment and Reemployment Rights of Members of the Uniformed Services"

We all need to get more familiar. Here are some websites

Look at: http://www.dol.gov/vets/

also, the Employer Support of the Guard and Reserve (ESGR) is a DOD program to help employers administer USERRA, They are a fantastic resource and talk with them almost daily, (what a goofy existence <g> ) helping my fellow buds out.
Their website is : www.esgr.org
For a greta quick read useful on this topic brought up here, Click the "ASbout ESGR" Icon on the top left, the click on "USERRA FAQ" in the right hand column.

One of your future best sites is from the Reserve Officer Association (ROA) where Navy Capt Samuel F. Wright JAG (Lawyer) who was one of the authors of the USERRA Law in 1994 gives opinions on the gray areas etc.

http://www.roa.org/site/PageServer?p...yk9yog33.app7b
if the link is bad I'll try to get back and fix it, but go to
www.roa.org. Click on “Legislative Affairs” then “ROA Law Reviews.

Nanook,
It is illegal for any employer to require an employee to work on days off to make up for military. USERRA came out in 1994, it left alot of questions and problems of interpretation, so the DOL came out with "The Final Rules" in December of 2005. It is found at:

http://www.dol.gov/vets/regs/fedreg/...2005023961.htm

It is like a very detailed FAQ and very useful.


Riddler,
That is blatantly illegal. I don't have time right now to post all the stautes, but it is summed up in the discrimination clause 4311 posted above.
You are completely protected if your military service is honorable. Example, you will be protected for pay and benefits of your new hire classmates even if you are gone your first year. An employer can extend your "probation" for observation purposes, but USERRA protects you to receive second year pay etc upon your return. Same with pension and medical/health benefits

The Uniformed Services Employment and Remployment Rights Act (USERRA) is very informative. Sadly, many airline HR's and scheduling depts , CP's are ignorant or misunderstand what the statutes really say. My desire is to help my fellow mil bubs be informed so they can be a productive "shared employee" and be successful in both careers.