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Old 08-27-2011 | 07:36 PM
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Default Mil Leave during probationary year

Does anyone know if there are any special provisions to the USERRA law that applies while in your probationary first year with an airline? I was only with a Major for 4 months before furlough; if I get recalled and bypass with Mil Leave when I come back will I still be on probation? Will I still be on first year pay or will pay advance to include the time on Mil Leave? Thanks for the help.
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Old 08-27-2011 | 07:54 PM
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Your probation time will still be waiting for you. That is not covered by USERRA. However, longevity and seniority will accrue while on mil leave.

When you go back, you'll have higher pay, but will still need to fulfill your probationary requirements.

I had 14 days left in probation when I activated for a year... My first 14 days back, I was still on probation.
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Old 08-27-2011 | 08:08 PM
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shado,
Thanks for the info. Trying to decide if I should try and extend my military commitment or take the first recall offered (probably still 9-12 mos away). Sounds like from a financial standpoint it would be worth it to stay in the military for at least 8 more months after an offer of recall so as to burn through the remaining first year pay and come back on 2nd year pay. Am I understanding that correctly -- I'd have 2nd year pay due to the mil leave accrual but still be on probationary status for another 8 months? Thanks again for the education on how USERRA works.
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Old 08-28-2011 | 01:45 AM
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Yes... you should be on 2nd year pay, 2nd year vacation accrual, etc. Also... you should be eligible to make retro contributions to your 401K (unless you were contributing to TSP).

Also... if your orders are OIF/OEF related, your time away might not count against the 5 year limit.
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Old 08-28-2011 | 05:31 AM
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Originally Posted by shado
Also... if your orders are OIF/OEF related, your time away might not count against the 5 year limit.
WILL not count against the 5 year limit.

But it's starting to look like a LOT of the current NE reserve recall slots will not be filled next FY. If you like the AD money, benefits, and retirement points I would stay on as long as they let you because that gravy train is coming to an all stop in the near future. Gone will be the days of picking up some orders any time the credit card bill needs to get paid, 2 weeks a year might be it for a lot of folks.
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Old 08-28-2011 | 12:03 PM
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Thunder;

What I believe you want to do is ACCEPT the first recall, and put in for immediate extended Mil Lv. What this does for you is it gets your B Fund funded while you are on Mil Lv (if your company has one). It also gets you Jumpseat/pass privileges, etc as if you were an Active pilot (each company treats these differently). If you PASS, you are just another dude who passed, no special treatment in re B Fund, etc.

You are definitely better off on Mil Lv as you get passed first year pay; you will have the probation to finish though...
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Old 08-28-2011 | 12:07 PM
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Originally Posted by rickair7777
WILL not count against the 5 year limit.

But it's starting to look like a LOT of the current NE reserve recall slots will not be filled next FY. If you like the AD money, benefits, and retirement points I would stay on as long as they let you because that gravy train is coming to an all stop in the near future. Gone will be the days of picking up some orders any time the credit card bill needs to get paid, 2 weeks a year might be it for a lot of folks.
Rickair;

My unit/wing is going down to an AATS of zero and I heard we are the only one. Do you know of anywhere else that is getting off the crack cold turkey?
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Old 08-28-2011 | 12:12 PM
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Originally Posted by Thunder1
Does anyone know if there are any special provisions to the USERRA law that applies while in your probationary first year with an airline? I was only with a Major for 4 months before furlough; if I get recalled and bypass with Mil Leave when I come back will I still be on probation? Will I still be on first year pay or will pay advance to include the time on Mil Leave? Thanks for the help.
I took two years MLOA after only 4 months on property ('08), including indoc, training and two months on the line. I just got off probation in June.
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Old 08-28-2011 | 01:09 PM
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Originally Posted by RogAir
Thunder;

What I believe you want to do is ACCEPT the first recall, and put in for immediate extended Mil Lv. What this does for you is it gets your B Fund funded while you are on Mil Lv (if your company has one). It also gets you Jumpseat/pass privileges, etc as if you were an Active pilot (each company treats these differently). If you PASS, you are just another dude who passed, no special treatment in re B Fund, etc.

You are definitely better off on Mil Lv as you get passed first year pay; you will have the probation to finish though...
RogAir,
Thanks for the advice. After discussing with my better half I think that will be our gameplan. Assuming the recall offer actually appears sometime next Spring/Summer.......
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Old 08-29-2011 | 03:48 AM
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Originally Posted by RogAir
Thunder;

What I believe you want to do is ACCEPT the first recall, and put in for immediate extended Mil Lv. What this does for you is it gets your B Fund funded while you are on Mil Lv (if your company has one). It also gets you Jumpseat/pass privileges, etc as if you were an Active pilot (each company treats these differently). If you PASS, you are just another dude who passed, no special treatment in re B Fund, etc.

You are definitely better off on Mil Lv as you get passed first year pay; you will have the probation to finish though...
The FAA does not allow a pilot on long term mil leave to use the jumpseat. You must be a current working 121 crewmember.
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