Airline/Military Pay

[CMRaviator]

I have a question for those who have taken military leave from your airline. Did you still retain your longevity throughout your TDY? Thanks

 

[AlbieF15]

Yes...by law.

Depending on carrier, B plans, 401ks, and sick leave may still accumluate.

Mil leave is almost always a very good deal deal. It should be, especially if you out serving your country in harm's way. Thanks for the service.

Others have posted the link to the law previously...do a search and check it out.

 

[CMRaviator]

Thanks Albie...After wondering through a few of the old posts online here, I got some additional info. Cheers!

 

[hermair52]

keeping all rights

I am leaving for OTS and flight training here within the next month. I should be active duty orders for about 2.5 - 3 years. I was told by my HR (Air Wisconsin Airlines) that I'll keep my flight benefits, bidding senority, 401K contributions. I will however not accrue longevity. I willleave as a 2nd year FO, and I'llcome back three years fromnow as a 2nd year FO. But the way things look, I'll be eligible for upgrade when I get back and I would start that at 2nd year Capt pay. It is a great deal. especially since I get to keep my badge (i.e. jumpseating) while on mil leave.

 

[Zulu]

I willleave as a 2nd year FO, and I'llcome back three years fromnow as a 2nd year FO.

That's not the way the law works; if you're a 2nd year FO and leave for 3 years, you should come back as a 5th year FO or Capt (whatever your seniority will hold).

The relevant law is the Uniformed Services Employment and Reemployment Act of 1994, with the following specific case law:

In a 1946 case, the Supreme Court held: "The returning veteran does not step back on the seniority escalator at the point he stepped off. He steps back on at the precise point he would have occupied had he kept his position continuously during [his military service]." Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 284-85 (1946). USERRA codifies this "escalator principle." [Section 4316(a)] (bold added).

Lots of good information on this website:http://www.jagcnet.army.mil/JAGCNETInternet/Homepages/AC/Legal%20Assistance%20Home%20Page.nsf/0/3e164b2308f7dee6852568ad00205ee4?OpenDocument

 

[skiddriver]

I think he was referring to coming back at a 2 year step for pay, which is legal. The company doesn't have to pay you at the pay step you left plus your military time. His comment that he'll be able to upgrade upon return indicates that he realized he would retain his position on the seniority list.

Thanks for posting the reference, it's always nice to be able to point it out in writing.

 

[TheBeaver]

While I am not a lawyer, nor do I play one on TV, I believe military members accrue longevity for pay during military leaves of absence.



Looking directly at the law http://www.esgr.org/members2/thelaw.asp?c=userra4316.html

§ 4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service

(a) A person who is reemployed under this chapter is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.

USERRA uses the following definition for seniority:

The term 'seniority' means longevity in employment together with any benefits of employment which accrue with, or are determined by, longevity in employment.

Your airline cannot use their definition of seniority in this case.



I will return to my airline soon and I expect a pay rate as if I never left.



Good Luck,

Beav



Contact Employee Support of the Guard and Reserve (ESGR) at 1-800-336-4590

The ESGR website is at www.esgr.org

Several relevant Law Reviews are posted on the Reserve Officers Association website at http://www.roa.org/home/law_review_index.asp

 

[T1bubba]

Zulu and The Beaver are correct. I recently sat through a 3 hour presentation by an O-6 JAG who worked for the department of labor and helped write the laws currently in effect. He currently works for the ESGR organization as an expert on the legal rights of reservists.

The law states the while you are gone your spot on the seniority/longevity escalator moves along without you. When you come back your longevity pay should be exactly the same as your new-hire classmates who never left.

If Air Wisconson actually tries to enforce the loss of longevity I would call the ESGR. Probably the HR person just didn't understand the law.

T1

 

[Viperguy]

I know a guy at ACA... er Independence Air that said the same thing regarding longevity vs. seniority. He said when he would come back after two years, his seniority would reflect that, but his longevity would remain the same as when he left.

He would be able to bid and hold better lines, but his pay would still be on 1st year longevity.

He said the union contract was very specific on what pilots on mil leave receive. Hmmm... Interesting.

Luckily at my Airline, longevity and seniority go hand in hand. When I come back from UPT I'll be starting 6th year... as a Capt!

 

[CMRaviator]

Beaver/Zulu

Thanks for the info. I emailed my union rep. on this issue several months ago and was told I would lose longevity. It seems I may be fighting this battle here in a few months when I return back to work. I think I'll call the HR department directly tomorrow and get the real scoop. Safe Flying!