Mil leave

[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?"

 

[navigatro]

So jump on the bandwagon and sue us!

I am not saying that anyone should sue anyone. I am saying that all employers should abide by USERRA (federal law.)

It is a 2 way street, however, and members of the military should do their best to be fair to their employers.

The guy that shows up on day 1 of indoc, and drops 1 year active duty orders on the table, while legal, is not doing any favors for the next Mil guy that applies at that company.

 

[huronip]

I am not saying that anyone should sue anyone. I am saying that all employers should abide by USERRA (federal law.)

It is a 2 way street, however, and members of the military should do their best to be fair to their employers.

The guy that shows up on day 1 of indoc, and drops 1 year active duty orders on the table, while legal, is not doing any favors for the next Mil guy that applies at that company.

I couldn't agree with you more.

 

[Slye]

I'm on MLOA right now and will likely be furloughed soon. Is there any difference in benefits to being on MLOA when you're furloughed vs being an active pilot when you're furloughed? If on MLOA when furloughed, can you still collect unemployment if you return from MLOA during a furlough? Also, this may be contract dependant, but lets say your company doesn't let you accrue longevity during a furlough, will being on MLOA at the time of furlough affect building longevity differently? Thanks for the help, just trying to figure out the best way to weather the storm.

 

[pkober]

I would say that a company cannot furlough you while on MLOA. Once your MLOA is complete they can the furlough you.

If you are on MLOA the company is required to contribute to your retirement upon completion of you MLOA.

I think trying to collect unemployement while on MLOA may be illegal if you make over a certain amount per month.

If on MLOA and not furloughed you should continue to accrue longevity.

I would take MLOA before being furloghed. Get on orders now before all the other furloughees.

 

[UALjan15]

In response to pkober:

I would say that a company cannot furlough you while on MLOA. Once your MLOA is complete they can the furlough you. You'd be wrong there. It happened to many of my friends during the last downturn.

If you are on MLOA the company is required to contribute to your retirement upon completion of you MLOA. Correct

I think trying to collect unemployement while on MLOA may be illegal if you make over a certain amount per month. Correct, although I think he was asking if he could collect unemployment once the orders were done. I honestly don't know, but my guess is yes, if it is within the normal time parameters from the furlough date. Contact your state's unemployment office for the detailed answer.

If on MLOA and not furloughed you should continue to accrue longevity. Correct

I would take MLOA before being furloghed. Get on orders now before all the other furloughees. One thing to consider is currency, if the mil job is non-flying. Every bit of currency counts if you are going to try to hit the job market as a pilot.