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Old 04-10-2015, 05:50 AM
  #1  
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Default New RAH Mil Leave Policy

RAH just sent out a new mil leave policy. I'm a new guard baby flying heavies and currently out on mil leave from the regionals. Just wanted some experienced guys to take a look at it and give your opinions. The email said we "should normally" fill out this new notification form whenever we want to take leave. Considering those are two conditional words in a row, it seems like they will have a hard time enforcing this new policy.

Interested in all your thoughts on this.




Here's the email and the form.

LEAVE OF ABSENCE NOTIFICATION – MILITARY EMPLOYEE
Thank you for your service to our Military! Republic Airways is committed to protecting the job rights of employees absent on Military Leave. During 2014, we had 21,300 leave of absence days for Military Leave. In fact, Military Leave is one of the highest, by volume, types of leave of absences taken by Republic employees. To assist us with the administration of Military Leaves, we are asking for your assistance in three ways;

1. It is important that we receive your Military Leave of absence notification (see attached), as early as possible so that we can effectively plan for your leave of absence;
2. If you have the ability to reschedule your Military Duty from the first weekend of the month to a later weekend that would be greatly appreciated as we experience a significant level of Military Leaves on the first weekend of each month;
3. Please follow the new procedures for Military Leaves presented below.

In addition, we wanted to make you aware that we have started discussions with the U.S. Department of Defense (DoD) as our current levels of Military Leaves are at times causing an adverse impact on our operations, particularly during the first weekend of each month. Regulations issued by the DoD direct Military authorities to provide assistance to an employer in addressing these types of employment issues. The Military authorities are required to consider requests from employers of U.S. National Guard and Reserve members to adjust scheduled absences from their civilian employment in order to perform their Military service obligation. We are changing our prior practices to obtain additional information on our Military Leaves to address these concerns with the DoD and ensure that all Military Leaves are consistent across the Company.

In accordance with Federal and State law, it is the Company’s policy that no employee or prospective employee will be subjected to any form of discrimination on the basis of that person's membership in or obligation to perform service for any of the Uniformed Services of the United States. Specifically, no person will be denied employment, reemployment, promotion, or other benefit of employment on the basis of such membership. Furthermore, no person will be subjected to retaliation or adverse employment action because such person has exercised his or her rights under applicable law or this policy. If any employee believes that he or she has been subjected to discrimination in violation of this policy, the employee should immediately contact the Benefits or Employee Relations group.


NEW Procedures for Military Leave Effective April 15, 2015

1. Unless Military necessity prevents it, or is otherwise impossible or unreasonable, an employee should provide Republic Airways’ Leave of Absence (LOA) Department (and your immediate supervisor or crewscheduling if you are currently scheduled) with notice of the need for leave as far in advance as is reasonable under the circumstances.
2. The employee should normally complete a Leave of Absence Notification Form – Employee Military from the LOA Department. A leave of absence notification form is attached for your convenience.
3. The LOA Department will review the form, collect any applicable insurance premiums from the employee, generate other applicable documents, and process accordingly, and in a timely fashion.
4. Please provide us a copy of your Military calendar, schedule, or orders, when possible. By providing us with your leave of absence dates in advance we can better plan for your absences as well as schedule all Military leaves at one time instead of each month.
5. So long as it is consistent with your Military orders, please notify your manager or crew scheduling prior to each absence, following the normal call off procedures.




FORM


LEAVE OF ABSENCE NOTIFICATION FORM – EMPLOYEE MILITARY
Date:
Employee Name:
Employee ID Number:
From Date (First day of leave):
To Date (Proposed return to work date):
Type of Leave (Annual Training, Active Duty, etc.):
Branch:
Name of Military Headquarters Issuing Orders:
Order Number:
Date of Order:
Phone Number of Authorized Military Official/Commanding Officer:
Date to Report for Active Duty:
Anticipated Length of Duty:
Authorized Personal Contact Person while you are on Military Leave:
Name:
Relationship:
Street:
City:
State:
Zip:
Telephone Number:
Email:
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Old 04-10-2015, 06:12 AM
  #2  
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http://www.airlinepilotforums.com/mi...uestion-2.html

See Salty Dog's and Rickair7777's replies in this thread.

Rickair's post #7 seems incredibly prescient in light of your post.
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Old 04-10-2015, 06:29 AM
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Don't do it. Follow USERRA to the letter. Nothing more, nothing less...

If they hassle you, file a USERRA complaint with the DOD. File a grievance with your union as well.
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Old 04-10-2015, 10:32 AM
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Default Your obligations under USERRA

It has been my experience (over 3 1/2 years of military leave in 10 years), that when it comes to providing notice and otherwise working with your employer with regard to military duties, you catch more flies with honey than vinegar. In other words, don't be an ass.

You can be that guy, never providing advance notice even when you have your drill schedule for the next FY in hand. But why?

Read what Rickair said in the linked thread--he provides notice a month or more ahead of time when he knows his schedule in advance. It is simple courtesy (as well as your obligation under the law and governing regulations). It simply permits the company to plan ahead when it completes the monthly schedule for all pilots. Maybe a couple more guys get a line as opposed to sitting reserve. You're helping out your fellow pilots too.

Be sure to discuss with your union what your company does when military leave is built into your schedule. My employer (and others) do not use military leave against you. I get the same number of min days off even if I have up to a week of military leave. Yes, my guarantee gets prorated, but that's to be expected. Employers are under no obligation to pay you when you're absent on military leave.

If RAH takes mil leave out of your days off when you schedule it in advance, you have a grievance. They're treating you differently because of your military service.

On to the law. What does USERRA require?

You are required by law to give your employer advance written or verbal notice of upcoming military duty. 38 USC § 4312(a)(1). "No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable" 38 USC § 4312(b).

Does this mean you have to fill out RAH's form? No. You just have to give notice. I send my base manager an email prior to the bid closing every month, and he passes it on to scheduling.

What does DoD say about your obligation to give notice, if anything? Take a look at 32 CFR 104.6(a)(2)(i)(B) and (C):
(B) Regardless of the means of providing advance notice, whether written or verbal, it should be provided as early as practicable. DoD strongly recommends that advance notice to civilian employers be provided at least 30 days prior to departure for uniformed service when it is feasible to do so.
(C) The advance notice requirement can be met by providing the employer with a copy of the unit annual training schedule or preparing a standardized letter. The sample employer notification letter in Appendix B of this part may be used for this purpose.
Hey, look at that! DoD strongly recommends you provide at least 30 days advance notice. To me that sounds like DoD expects its uniformed servicemembers, including reservists, to follow the "don't be an ass" rule. You can also look up the Dept. of Labor's own rules regarding notice at 20 CFR 1002.85. They parrot what DoD says.

What does that "Appendix B" letter look like? It's pretty minimal. Here it is.
Appendix B to Part 104—Sample Employer Notification of Uniformed Service
This is to inform you that (insert applicant or Service member's name) must report for military training or duty on (insert date). My last period of work will be on (insert date), which will allow me sufficient time to report for military duty. I will be absent from my position of civilian employment for approximately (enter expected duration of duty as specified on your orders, and include the applicable period you have to return or submit notification of your return to work) while performing military training or duty unless extended by competent military authority or delayed by circumstances beyond my control. I otherwise expect to return to work on (insert date).
Signature and date
Employer acknowledgment and date
Note that you're not required to provide a copy of your orders, or a letter from your CO, or pass along your CO's contact information. You only have to give them what the law requires, and the Appendix B letter above does that.

Why is RAH sending out this new military leave policy? I suspect it's because they're getting jerked around by people who abuse military leave. Don't be one of those guys. You just make it harder for everyone else, and such abuse reflects poorly on your fellow uniformed servicemembers. Also remember that UCMJ Art. 134 prohibits "all conduct of a nature to bring discredit upon the armed forces." Don't be that guy.

Kind regards,
JAGBN
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Old 04-10-2015, 11:28 AM
  #5  
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Originally Posted by jagbn View Post
It has been my experience (over 3 1/2 years of military leave in 10 years), that when it comes to providing notice and otherwise working with your employer with regard to military duties, you catch more flies with honey than vinegar. In other words, don't be an ass.

You can be that guy, never providing advance notice even when you have your drill schedule for the next FY in hand. But why?

Read what Rickair said in the linked thread--he provides notice a month or more ahead of time when he knows his schedule in advance. It is simple courtesy (as well as your obligation under the law and governing regulations). It simply permits the company to plan ahead when it completes the monthly schedule for all pilots. Maybe a couple more guys get a line as opposed to sitting reserve. You're helping out your fellow pilots too.

Be sure to discuss with your union what your company does when military leave is built into your schedule. My employer (and others) do not use military leave against you. I get the same number of min days off even if I have up to a week of military leave. Yes, my guarantee gets prorated, but that's to be expected. Employers are under no obligation to pay you when you're absent on military leave.

If RAH takes mil leave out of your days off when you schedule it in advance, you have a grievance. They're treating you differently because of your military service.

On to the law. What does USERRA require?

You are required by law to give your employer advance written or verbal notice of upcoming military duty. 38 USC § 4312(a)(1). "No notice is required under subsection (a)(1) if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable" 38 USC § 4312(b).

Does this mean you have to fill out RAH's form? No. You just have to give notice. I send my base manager an email prior to the bid closing every month, and he passes it on to scheduling.

What does DoD say about your obligation to give notice, if anything? Take a look at 32 CFR 104.6(a)(2)(i)(B) and (C)B) Regardless of the means of providing advance notice, whether written or verbal, it should be provided as early as practicable. DoD strongly recommends that advance notice to civilian employers be provided at least 30 days prior to departure for uniformed service when it is feasible to do so.
(C) The advance notice requirement can be met by providing the employer with a copy of the unit annual training schedule or preparing a standardized letter. The sample employer notification letter in Appendix B of this part may be used for this purpose.
Hey, look at that! DoD strongly recommends you provide at least 30 days advance notice. To me that sounds like DoD expects its uniformed servicemembers, including reservists, to follow the "don't be an ass" rule. You can also look up the Dept. of Labor's own rules regarding notice at 20 CFR 1002.85. They parrot what DoD says.

What does that "Appendix B" letter look like? It's pretty minimal. Here it is.
Appendix B to Part 104—Sample Employer Notification of Uniformed Service
This is to inform you that (insert applicant or Service member's name) must report for military training or duty on (insert date). My last period of work will be on (insert date), which will allow me sufficient time to report for military duty. I will be absent from my position of civilian employment for approximately (enter expected duration of duty as specified on your orders, and include the applicable period you have to return or submit notification of your return to work) while performing military training or duty unless extended by competent military authority or delayed by circumstances beyond my control. I otherwise expect to return to work on (insert date).
Signature and date
Employer acknowledgment and date
Note that you're not required to provide a copy of your orders, or a letter from your CO, or pass along your CO's contact information. You only have to give them what the law requires, and the Appendix B letter above does that.

Why is RAH sending out this new military leave policy? I suspect it's because they're getting jerked around by people who abuse military leave. Don't be one of those guys. You just make it harder for everyone else, and such abuse reflects poorly on your fellow uniformed servicemembers. Also remember that UCMJ Art. 134 prohibits "all conduct of a nature to bring discredit upon the armed forces." Don't be that guy.

Kind regards,
JAGBN
They're sending this because they have a massive staffing shortage. They have been trying to get Service Members ADOS orders cancelled and drills moved to cover their weekend flying.

Nothing to see here, just more shady behavior from RAH management.
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Old 04-10-2015, 11:29 AM
  #6  
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JAGBN,

Dude, thanks so much. Your well written thoughts and paraphrased regs really helped. I will also look through Rickair's comments on the other thread.

Thanks again,

JM311
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Old 04-10-2015, 04:47 PM
  #7  
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jm311- You're welcome.

EvilMonkey-If RAH is in fact trying to get orders cancelled and drills moved, report that immediately to the Dept. of Labor's USERRA office.
For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at Veterans' Employment and Training Service (VETS) - U.S. Department of Labor. An interactive online USERRA Advisor can be viewed at elaws - USERRA Advisor.

Regards,
JAGBN
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Old 04-10-2015, 06:39 PM
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Originally Posted by jm311 View Post
1. It is important that we receive your Military Leave of absence notification (see attached), as early as possible so that we can effectively plan for your leave of absence;
Reasonable request, but compliance is at your discretion. If you drop leave on very short notice there should be a legit military reason.

I do not give my employer my full schedule a year out, because things change and it's a PITA to adjust it after the fact. I try to do it prior to the bid.

Originally Posted by jm311 View Post
2. If you have the ability to reschedule your Military Duty from the first weekend of the month to a later weekend that would be greatly appreciated as we experience a significant level of Military Leaves on the first weekend of each month;
Reasonable request. Compliance not required. I would go to drill when the military wants me to, not when the airline does.

Originally Posted by jm311 View Post
3. Please follow the new procedures for Military Leaves presented below.

1. Unless Military necessity prevents it, or is otherwise impossible or unreasonable, an employee should provide Republic Airways’ Leave of Absence (LOA) Department (and your immediate supervisor or crewscheduling if you are currently scheduled) with notice of the need for leave as far in advance as is reasonable under the circumstances.
Reasonable request. I would venture that two weeks is reasonable notice...if you regularly drop leave with less notice than that, they might have cause to complain. Exception if military requirements dictate short notice (even on a regular basis).

Originally Posted by jm311 View Post
2. The employee should normally complete a Leave of Absence Notification Form – Employee Military from the LOA Department. A leave of absence notification form is attached for your convenience.
Technically not required, but not really unreasonable. At least they call it a "notification" and not a "request".

Originally Posted by jm311 View Post
3. The LOA Department will review the form, collect any applicable insurance premiums from the employee, generate other applicable documents, and process accordingly, and in a timely fashion.
Legal.

Originally Posted by jm311 View Post
4. Please provide us a copy of your Military calendar, schedule, or orders, when possible. By providing us with your leave of absence dates in advance we can better plan for your absences as well as schedule all Military leaves at one time instead of each month.
Not required, and I would not do this...sets a bad precedent, and if you change something later they might complain about the change! If you want to be nice, give them an annual estimate in writing of how many mil days you'll do....that's all they really need to know.

The ONLY documentation legally required is for orders > 30 days.

Originally Posted by jm311 View Post
5. So long as it is consistent with your Military orders, please notify your manager or crew scheduling prior to each absence, following the normal call off procedures.
Sounds like they're trying to make your life hard. You legally have to notify the company ONCE. The notification form more than complies with that requirement. No need to have an awkward phone call with your CP in addition. But if you need to drop leave on really short notice, then calling CS and emailing your CP is best...you've met the requirement to notify them, CS is in the best position to cover your trips, and you have a paper trail with the email.

All in all it could be worse, but it sounds like they're trying to subtlety discourage mil leave. I find this sort of MBA tactic amusing...I think 99% of us have the cajones to laugh about it and then ignore it
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Old 04-10-2015, 08:07 PM
  #9  
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Philosophy:
Let me remind my fellow airline pilot employees and managers reading this thread USERRA is designed primarily to protect our all volunteer force. Good will is a two way street. In my experience working with management, the more management attempts to negatively influence military service behavior the more strict an employee will comply with USERRA.
I find RAH management style to go direct to DOD to find a resolution a misstep. Did RAH management approach the union military liaisons to work out a solution to work together to manage the business together? Doesn't appear they tried that common sense approach, rather they readily admit they went VFR direct to DOD. Interestingly, they ask for non USERRA required information to help them make their argument at DOD to pressure a modified service member behavior. That's management and not leadership.
Common. Sadly, as many can attest across many airlines, management will ask you to provide non USERRA information, many comply out of a sense of goodwill, only to later find it often used against them later when circumstances change on your orders or you have a contractual challenge. Frequently management does not value the goodwill and the time it takes to nurture this long term relationship. If done with integrity, then they will have success taking care of a business and simultaneously our nation. Usually, management prefers simple compliance of their immediate goals. Again, this is management and not leadership.
Regarding this policy as published by the OP: it has all the classic management requests legally written to elicit compliance but not mandate. It is well written and the lawyers were definitely involved to influence a significant employee response as they cannot mandate the non USERRA requests for information. I have found most military employees go above and beyond to help their employer. It is rarely valued however long term by the company.
Some airlines work with the union military liaisons/committee to jointly solve challenges. It has worked successfully, but management has to be ready to work with the folks that have credibility with the line pilot to influence a positive ambassador environment.
I always encourage being responsible and don't use USERRA to harm the employer negatively, but I still believe management should work with an internal line pilot military liaison and an empowered military drilling manager.
This group can resolve internal issues on the property. I would encourage all management teams to take this approach with their line military pilots. IMHO, going to DOD and without the courtesy of approaching their pilot representatives on this matter is not a productive approach
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Old 04-13-2015, 03:28 PM
  #10  
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I find it amusing that the Bedford clown thinks the DoD will give him the time of day on this issue.
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