Sailingfun, not sure of FAA rules, but used the jump for the whole year I was on mil leave. Even got a new company ID in the middle of it due to expiration. Never had a problem.

 

You were quite lucky. The rules are very explicit. Your company actually should have removed you from the CASS system. I would not mention you were jumpseating again. TSA would go crazy. Your situation would be considered no different then any other unauthorized person gaining access to the cockpit. Many airlines like Delta continued the jumpseat for pilots on long term mil leave however they had to have a seat in back and could not ride in the cockpit.

 

Dover C-17s are coming off the crack on 1 Oct. Latest word on the street is that some units will still maintain an AATS of one per squadron. So much for a unified stance... I'm not saying there is a picket line, but it would be nice if there was some solidarity.


C17D

 

Sailingfun,
Is this information from the TSA PSI? Our TSA PSI says OK to remain in CASS. Also, what is "long term"? And what document defines 'long term'? Reason ask is we have marched this road before and though every airline decides how to apply whatever they apply, mostly airlines apply what they want. Military folks often accept the company line "thats the way it is" and often company is more conservative than permitted. Just trying to stay educated, and know different PSI's are like FAA POI's that have different intepretations of the same regs.
Regards
SD

 

Thunder1,
Would invite you to read Law Review Subject Index
It is mostly written by one of the writers of the current USERRA Statute.
Also invite you to read about the 'escalator' clause in USERRA which protects your major service from the time you were hired till furloughed, then again from your recall date. You must compy with your employers instructions regarding recall and you must notify of military duty (two separate events)

Probation comments: Airlines typically have a time in service (one year) for probation.
Two parts: The first applies regardless of status (probationary or non probationary) upon return from military duty.
USERRA prohibits an employer from terminating an employee following reemployment for a period of time. Duty of 31-180 days require “just cause” for termination for a period of six months. Duty greater than 180 days require “just cause” for termination for a period of one year. “Just cause,” however, is not explicitly contained in USERRA or in the USERRA regulations.

Second part: The Department of Labor (DOL), as issued in the "Final Rules" in 2005, provides that if an apprentice or probationary position is bona fide, not simply a time-in-grade requirement, a returning service member should be restored as an "apprentice" at a level that reflects both the experience and training he or she received pre-service.
As airline pilots, we are not typically viewed as apprentices like a union plumber or electrician, etc. We have to meet a skill level beyond an 'apprentice' to be employed in the first place. i.e. meet certification levels (ATP, etc) with proven experience (Hours, size of aircraft, etc). Also, most airlines follow a time in grade requirment that DOL appears to deem as not 'bona fide' probation.
In all practicality, the escalator clause of USERRA requires we be treated exactly like we had never left employment. This is why we can be furloughed while on military duty. The escalator clause works both ways on the seniority list. i.e. you keep your number and come back with same number or relative position. (union or non union).
Additionally, with the USERRA protection of 'just cause' termination regardless of probationary status, USERRA places the burden upon the employer if you are terminated. One would have to have been so far over the top to lose the USERRA 'just cause' protetcion even though not explicitly defined. (i.e lie, cheat, steal, fruad, etc) thjat would get one rightfully terminated even if not on probation.
Summary: Probation is really just a clock, since most if not all just a 'time in grade' requirement. Escalator clause and USERRA protects union and non union airline employees from capricious terminations and protect your seniority.

 

Sorry for thread hijack, I have a question kinda pertaining to this. At what point of your civ employment process does your job protection (per USERRA) start? Would you be protected if u went on mil leave during initial training as long as it's after hire date (which for most airlines is first day of class)? Or would u need to complete training (ground, sim, and even OE) to be able to return to said airline job after lengthy mil leave? Obviously the first scenario is not ideal but I may have no choice when the times comes.

Also, if you swore in just two months ago (officially enlisted with training dates in the next few months) would it be recommended to disclose that on airline job application/resume? I'd want to be completely honest but at the same time that might really hurt chances of getting hired because they'd know I'd be going on lengthy mil leave soon after getting hired. I know they are not supposed to discriminate but seriously I would never be able to prove they didn't hire me because of my military status or anything else.
When I applied, my UPT slot was still up in the air and I wasnt enlisted so it was a nonissue. Now that I AM enlisted, the airline contacted me for an interview.

 

Technically you could show up on day one at 0800 and leave at 0805 and still be protected. I'd probably stick around long enough to get some documentation like a pay stub.

Also some regionals may not consider you an employee until after training, but I don't think they could make that stick if they pay you during training, even at a reduced rate.

They usually ask about past military service, and they are allowed to do so. Read the app carefully, if they ask you had better answer but under the circumstances I wouldn't tell them if you don't have to.

 

It depends on your airline. I was allowed and my buddy who worked for someone else wasn't. Contact your jumpseat rep if you go away for more than 30 days and they should tell you what your particular policy is.

 

The app didn't ask about military history. I doubt they'd ask me during interview because I'm relatively young (and honestly don't look like I have years of military service under my belt..) My concern was if I didn't list it on employment history and they found out during the background check. I havent done anything except sign the enlistment papers, but could that still come up during the check?
Again, its not that I WANT to lie here, but I really think I wouldn't even stand a chance in the interview if they knew I was leaving for 3 yrs right after getting hired.

 

I doubt they could find out on the background check, there's no way that I can think of. Airlines don't normally hire PI's to dig into your personal life, there's no mechanism for them to ask the government, and the DoD would not tell them anyway.
Well maybe a FOIA request, but that's getting ridiculous.

Just signing papers does not equal employment. Even if they put you in an inactive reserve status I would not consider it employment until I got paid at least once.

You're over-analyzing this. Legally they can ask about PAST military service (ie dd-214 and discharge character) but you don't have any past service and they didn't ask anyway.