Military Leave (LOA) Questions; SkyWest
#14
absolutely untrue. There is no requirement under USERRA to retain your travel. There is a requirement to not treat military pilots on LOA any differently than other employees. In most cases Travel is suspended after 30 days of any LOA. So the treatment is equal.
#15
Gets Weekends Off
Joined APC: Feb 2015
Posts: 183
Totally agree its not against USERRA, but that doesn’t make it the right thing to do. Keeping non-rev benefits does not cost Skywest inc. anything. I mean republic allows their military pilots to keep non-rev, and they suck! I believe you are removed from CASS after 30 days, which probably is TSA driven.
#16
Gets Weekends Off
Joined APC: Nov 2011
Posts: 4,503
Totally agree its not against USERRA, but that doesn’t make it the right thing to do. Keeping non-rev benefits does not cost Skywest inc. anything. I mean republic allows their military pilots to keep non-rev, and they suck! I believe you are removed from CASS after 30 days, which probably is TSA driven.
As I said above its company driven.
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#17
Gets Weekends Off
Joined APC: Jul 2013
Posts: 10,033
Totally agree its not against USERRA, but that doesn’t make it the right thing to do. Keeping non-rev benefits does not cost Skywest inc. anything. I mean republic allows their military pilots to keep non-rev, and they suck! I believe you are removed from CASS after 30 days, which probably is TSA driven.
#18
I and my family kept them for over a year not too long ago. Per USERRA, they have to give mil leave the same treatment as other types of leave and in the past they've granted travel bennies to some folks on other leaves.
I suppose they could canx all travel bennies for anyone on any leave over thirty days and get away with it that way.
I would ask the mil leave coordinator. If you don't like her answer, start researching USERRA...maybe the company needs educating.
Pretty sure I rode JS on extended mil leave. There is no TSA requirement to remove you from CASS on mil leave.
Military folks? Do you know more?
USERRA does not specify directly, but the associated case law has dictated that where a formal seniority system exists (ie pretty much all 121) that system must be honored precisely as though the member never left.
If you had a bid in (better document it w/ date) and you would have been awarded it then they have to award you that position upon your return. Might be reasonable to make you wait a week or three for a class date (or maybe not), but they cannot make you wait for the "next available" opening or anything like. If they have to displace someone, that's cool...no different than another employer hiring a temp in your absence.
Not exactly true, for practical purposes you have unlimited absence with no seniority interruption for *most* military duty. Certain specialty active duty gigs might count against your five total, but drills, AT, mobilization, or any duty in support of OCO/itle 10 is exempt from the five year limit.
I have heard that the company does NOT allow seniority accumulation while on mil leave for new hires who have not completed training (consolidation?). I don't know if this is legal.
But if you leave before finishing training, you'll probably need another LOE if you don't consolidate within the normal time frame. If you leave before your LOE, then I think you'll pick up where you left off, although the company will likely give you some sort of warm up to get you back on track.
Sounds about right.
I suppose they could canx all travel bennies for anyone on any leave over thirty days and get away with it that way.
I would ask the mil leave coordinator. If you don't like her answer, start researching USERRA...maybe the company needs educating.
3. Short answer....no. However, I believe under USERA they have to give you the next available slot regardless of whether you are number one on the list or not. But I think someone junior to you had to have been awarded that base....not just that you could have held it.
If you had a bid in (better document it w/ date) and you would have been awarded it then they have to award you that position upon your return. Might be reasonable to make you wait a week or three for a class date (or maybe not), but they cannot make you wait for the "next available" opening or anything like. If they have to displace someone, that's cool...no different than another employer hiring a temp in your absence.
But if you leave before finishing training, you'll probably need another LOE if you don't consolidate within the normal time frame. If you leave before your LOE, then I think you'll pick up where you left off, although the company will likely give you some sort of warm up to get you back on track.
If so you can go 89 days without requiring anything. After that you will need 3 landings with a LCA. If you go 6 months without flying I think you will get some OE and a line check. If you go over 1 year you have to do a modified ground school, sim, OE and a line check. Skywest will accommodate this either individually if there are no classes available or possibly put you through a class if they are currently training.
#19
"In most cases"? Pretty sure they let folks who took voluntary leave when the economy tanked to keep their bennies long-term. That alone would justify military keeping theirs.
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