That would be an unlawful termination or discrimination. The federal government is
HOT on this issue and will persue employers for violating the law.
USERRA is administered by the
Veterans' Employment and Training Service (VETS), a division of the United States Department of Labor. The
Act and subsequent
statutes make it unlawful for employers to discriminate or retaliate against you because you served in the military. Additionally, they protect your employment rights and benefits while you're serving.
In a nutshell, USERRA
- Minimizes disadvantages when you must take leave from civilian employment for military duty
- Protects your rights and benefits, by clarifying the law and improving enforcement
- Provides you with Department of Labor assistance in processing and settling claims against an employer who violates the laws
- Expands the cumulative length of time that you may be absent from work for military duty, and still retain reemployment rights and certain employer-provided benefits
Depending on conditions of employment, benefits protected under USERRA include
- Vacation
- Promotion
- Pay and raises
- Pension
- Medical and health insurance
- Family and medical leave
For more information about your employment rights and benefits under USERRA, see
Frequently Asked Questions for Reservists Called to Active Duty provided by the Department of Labor.
To answer your question from my corner, yes, it can be balanced and I have been able to do it in the past 5 years with the 2 employers I have had. I have had to use some of my regular days off to do currency items at the Squadron but the bulk of my Reserve duty was done under Military Leave status.
You can do it the nice way; which requires a certain degree of support from your employer, or the firm way with the law behind you. To a degree, I agree with our friend. You do not want to stir the pot in such a small industry. Naturally, the bigger the company, the better equipped they will be to support any manning challenges from an activated reservist. But that's why the Chief Pilot gets paid the big bucks... You have a much broader scope as a Citizen Airman. You maybe able to help ease the blow by giving them as much heads up as you can on UTAs, Annuals or activations.
Personally, I question a company that does not support the troops. Most of these people have never lifted a finger in service to our country so they will never understand -- to them you are just another bean count. Paradigm into their own world they will never see nor understand how much you mean to their own security.
Maybe its the 14 years of continuing military service or the fact that I am just patriotic, but for me, I want to be able to look at my children at the end of the day and tell them that I stood ground and did the right thing.