Recall program and time from company
 

Hey everyone, wondering if the time away during the current limited period recall program and the voluntary permanent recall program for air force types going back to the military count towards the 5 years away from the company allowed under USERRA. Both are title 10 recalls section D. Thanks for any input

Yes, if youwant it to
 

Lucky:

I had the same question, and called a USERRA rep. (Can't remember where, but I found it on Google, and it was a government hotline). The answer is, even if you volunteer (not involuntarily called to extended duty), you are covered by USERRA. He showed me page and verse, on-line.

Now, some carriers enforce the 5-year rule more than others. If yours only gives 5 years, then I would approach it as a Personal Leave of absence, if you are starting to push your limit.

My company is happy to have folks leave at this time, but who knows five years from now. So are you saying the 5 year clock does not start if you do either of these two programs? I am away from the company supporting the war effort now and know that time does not count, however, the potential return to active duty job may be unrelated to the war effort and i am trying to figure out how much time I can give big blue. Sorry for me being a rookie, I hate playing Dash 1 lawyer, I just do not want to go back in and end up costing me a job later. Thnx

As I see it
 

Lucky:

UA doesn't seem to track it very closely. I just tell them when I have mil duty (as a part-timer), and they say "Let us know when you are back." Occasionally they ask for verification from a squadron supervisor, but that is reasonable. They've never told me "You've used up this many days, and have this many left."

Friends at Delta, though, seem to have every day and hour tracked.

After many years of being a part-timer in the Reserves, I probably have 3 years-worth of mil days/mil leave. If I get the recall to active, does that mean UA will only give me 2 years under USERRA? Possibly. On the other hand, they seem so eager to get rid of people (call it a different way to voluntarily furlough) that it may be moot. If I had to, I would finish it under a personal leave.

And if I get "real furloughed" while on active, also moot.

Whether or not you actually volunteer has absolutely nothing to do with the five-year limit.

The limit is based on the type of orders. The navy will normally cut most orders as invol for that reason, even if you verbally "volunteered".

Also there are many, many exemptions from the five year rule...all contingency and title 10 recalls are exempt IIRC...ie they do not count against the five year limit. With GWOT ongoing, it would be pretty hard to get ANY orders which would count...it would have to be ADSW doing something totally unrelated to GWOT or contingencies.

Check out the USERA web site.

Warning Thread Hijack-
The way I read USERRA is: if I'm on orders for 90-ish days (like I currently am) I don't have to tell CP that I'm ready to go back to work until 14 days after my last day of mil-duty. ie I can delay my return to work day until 14 days after my last mil-day.
Am I reading this correctly or is the beer going to my head?

Hercs Rule.

GW

Hijacker,

I think you are right on this one, it may even be 30 days. However, I know if you string together 180 days, you get 90 days to report back to the company. Thus, if you are on a rotational style basis with your unit, you can just bumb it for a few months before another 90 day set comes available or you find more MPA from somewhere else. For my unit, the goal is to string 180 together, take a break or find something else without having to hastle with a checkride at the company and then leave again. I think all parties involved are just happy when we stay military for longer periods of time. Now, back to the question at hand, just kidding.

Thanks for the input, I guess I will be real active duty again sometime in the future, not reserve active duty, damn, hate to give up that shield.