Mil leave

[zackiss1971]

Anyone know if you can take a year Mil leave while still in your probationary year?? If so, what happens if there is a furlough during that time? Thanks for any advice.

 

[navigatro]

Yes, you can take a mil leave on probation.

Your seniority remains as if you had not taken military leave.

You can be furloughed, and you will be treated as if you were not on military leave (e.g. if you are in the bottom 50, and they furlough 100, then you will be furloughed, and your recall rights are such that you retain your seniority as if you were not on mil leave)

 

[zackiss1971]

Thanks for the info!

 

[dudemize]

I've heard some airlines will extend your probationary period for the amount of time that you're on mil leave.

 

[slinky]

I've heard some airlines will extend your probationary period for the amount of time that you're on mil leave.

Mother Delta does do that. If your mil leave is longer than 30 days, it will tack that time to your probation.

 

[huronip]

I've heard some airlines will extend your probationary period for the amount of time that you're on mil leave.

SWA does this and rightly so.

 

[millhouse21]

That sounds illegal to me. The law is pretty clear that your status upon return shall be "as if you had never left." IIRC AA just lost a lawsuit regarding accrued vacation time for guys on mil leave.

 

[navigatro]

That sounds illegal to me. The law is pretty clear that your status upon return shall be "as if you had never left." IIRC AA just lost a lawsuit regarding accrued vacation time for guys on mil leave.

I agree. However, as far as I know, this issue has not yet been "pressed to test." It will take someone being fired, after their probation is extended for mil leave, to be the test case for this issue. The law is clear, however, and "probation" is a status.

 

[navigatro]

SWA does this and rightly so.

It is not "rightly so" if it is in violation of federal law.

 

[Helos2Galaxy]

Delta will not penalize you for pay and seniority; it will accrue, but will extend probation.

 

[huronip]

It is not "rightly so" if it is in violation of federal law.

So jump on the bandwagon and sue us!

 

[swa737-700]

That sounds illegal to me. The law is pretty clear that your status upon return shall be "as if you had never left." IIRC AA just lost a lawsuit regarding accrued vacation time for guys on mil leave.

Millhouse,

Don't cha' think it defeats the purpose of probation if you are not there to be observed? Everything else is "normal-normal" in regards to vacation, seniority ect. Get over having the probation period extended. We all made it through probation, you can to...and yes I am in the USAFR and use mil leave when needed.

 

[pilot24]

I understand that you may have the probationary period extended if your on mil leave during that time. As long as you get paid according to date of hire it should be all good. So, you could be a 3 year FO still on probation....

 

[Andy]

I've heard some airlines will extend your probationary period for the amount of time that you're on mil leave.

United requires something like 160 days' work while on probation. I've known several guys that did a bunch of mil drops during their probationary year and got it extended.
Pay is based on your hire date (more correctly, completion of training date), so if you took a year of mil leave partway through your probation year, you'd get paid second year pay when you return.

Personally, I don't see extension of probationary year as a violation of USERRA. USERRA is designed to not penalize those that serve in the Guard/Reserve. Serving in probationary status long enough for your employer to observe your work is not what I'd call penalizing them. But I'm not a lawyer; I'm sure that if you got the right lawyer, you could be acquitted of murder - if the glove doesn't fit, you must acquit.

 

[millhouse21]

Millhouse,

Don't cha' think it defeats the purpose of probation if you are not there to be observed? Everything else is "normal-normal" in regards to vacation, seniority ect. Get over having the probation period extended. We all made it through probation, you can to...and yes I am in the USAFR and use mil leave when needed.

Wow, I'm pretty sure I CAN make it off probation. In fact, I did make it off probation. I'm just wondering what your status would be "if you had never left?"