Quote:
Originally Posted by Beech Dude
I don't agree with this guy. He has his right and can go to court, but mil leave is not the same. When someone gets sick they have paid sick leave from the company; they don't go and then also get paid by the doctor they see for being sick. When we go on mil leave, we're still getting paid by John Q Taxpayer. You get your pay from your company and get pay for your time on orders. We all continue to serve and the flex it allows us is great for most, but you can't have your cake and eat it too.
Sick / disability leave is different IMO, you could reasonably have a carve-out for that.
But jury duty is the same, civic responsibility. USERRA does NOT require that you get to double dip, simply that you get whatever people on other leaves get.
If the company makes up the difference between jury duty and regular pay, then that's what mil are entitled to under USERRA. If they pay you full pay on top of whatever you get for jury duty, then USERRA would mandate that.
Also keep in mind... pilots are serious outliers, USERRA *mostly* protects folks who have less disposable civilian income and also make less military pay, often quite a bit less for enlisted. You can't exclude pilots just because everybody loves to hate us for what he have, but suppose you could cap the company's responsibility to a certain reasonable dollar amount.
That would be a congress thing though... this lawsuit appears at a casual glance to be a perfectly legit claim based on the way the law is written now.