Military Leave
#1
Military Leave
Anyone have any info on what benefits you retain from the Airline if you go on Military Leave? If a unit was activated do you still keep travel and other benefits?
I know it would vary by company, but any general info would be appreciated.
I know it would vary by company, but any general info would be appreciated.
#2
Cosmo,
There are two lanes here.
Federal Law and Contracts.
Federal Law covers benefits while in Military service. Uniformed Services Employment and Remployment Rights Act (USERRA).
Simply put, Keep pension benefits (but not paid till return by law), Health benefits restored on first day of return and have COBRA benefits (if you choose) via company on your dime (since DOD has your medical) while in service. This is a good option if spouse/chilfren need specialists that are already set up under company plan, etc
Jumpseats stay active, FAA has no problem with them. May be a CASS issue with a particular company.
Travel benefits vary by airline, often not covered by contract, not required by USERRA. Generally not an issue if Military service less than 30 days. If longer than 30+ days though, many companies will drop an employee from certain benefits not contractually or required by law since the employee is gone on an long term unpaid leave status.
There are two lanes here.
Federal Law and Contracts.
Federal Law covers benefits while in Military service. Uniformed Services Employment and Remployment Rights Act (USERRA).
Simply put, Keep pension benefits (but not paid till return by law), Health benefits restored on first day of return and have COBRA benefits (if you choose) via company on your dime (since DOD has your medical) while in service. This is a good option if spouse/chilfren need specialists that are already set up under company plan, etc
Jumpseats stay active, FAA has no problem with them. May be a CASS issue with a particular company.
Travel benefits vary by airline, often not covered by contract, not required by USERRA. Generally not an issue if Military service less than 30 days. If longer than 30+ days though, many companies will drop an employee from certain benefits not contractually or required by law since the employee is gone on an long term unpaid leave status.
#4
USERRA (See post above) applies to all employers, even if they have one employee. No exceptions. Since you likely will face much ignorance of this law at most employers, contact the Employer Support of the Guard and Reserve (ESGR) at:
http://esgr.org/contact.asp.
Click on your state to get contact assistance. They are advocates to support the law by helping employers understand the law.
You do not need permission for military leave, you are only required to provide verbal notification (DOD asks that we provide appropriate time to notify, though not stipulated by USERRA law.) If the employer takes any punitive actions based on service, ESGR will help mediate, but Dept. of Labor VETS office enforces the law with the Dept. of Justice if it goes to federal Court.
http://www.dol.gov/vets/programs/userra/userra_fs.htm
http://www.dol.gov/vets/programs/userra/userra_fs.htm
http://www.esgr.org/userrafaq.asp?p=f
American just settled a USERRA class action lawsuit before it actually went before the court. (A first class action with an airline)
Hope this helps.
#6
Gets Weekends Off
Joined APC: Jul 2007
Position: HMMWV in Iraq
Posts: 328
#7
The taxpayers paid for the legal team. No cost to the pilots. The suit was brought by the Dept of Justice as presented by the Dept of Labor. Surmise AMR settled before their legal fees went up plus knowing they would lose the case. Like someone charged with a crime standing outside a court room and the jury just got selected, they decide to plea bargain afterall. This was a good win for DOL and USERRA statutes for all employees.
#8
SaltyDog - where do fly the 8 at? I am curious as to how ATI(if you work there) handles mil leave, ie if you are on open reserve, do they schedule around your mil leave. That would make for a busy month, or on a hard line would you just drop a trip and not get the hours?
#9
SaltyDog - where do fly the 8 at? I am curious as to how ATI(if you work there) handles mil leave, ie if you are on open reserve, do they schedule around your mil leave. That would make for a busy month, or on a hard line would you just drop a trip and not get the hours?
#10
SaltyDog - where do fly the 8 at? I am curious as to how ATI(if you work there) handles mil leave, ie if you are on open reserve, do they schedule around your mil leave. That would make for a busy month, or on a hard line would you just drop a trip and not get the hours?
Regardless of where you work, you can put in for mil leave after they have given you your monthly schedule. They cannot "add" days of work after the fact, unless you consent to it. Of course they do not have to pay you for mil days, unless your collective bargaining agreement (contract) or corporate policy gives you that benefit.
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