Pay Question when returning to work......

[ekuflyer]

I was on Mil Leave for a little over two years. The company says I have to go thru 3 days of Indoc and the entire CRJ ground school. My orders ended 26 Feb and I was in contact with them about this since Nov. The first class they could put me in was 14 Mar. They originally said that my pay would start 27 Feb but are now saying 14 Mar when I started class.
Does anyone know the law on this and if I am entitled to be paid from when I am available to return as opposed to when they had a class opening?
Thanks

 

[RedDogC130]

Yes, they should start your pay the day you can come back. with all benifits, etc. It is not you fault they can't work you into the system. It is a law under the soldiers and saliors act I believe

 

[Purple Promisee]

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[Purple Promisee]

Ekuflyer,
The applicable law is “USERRA” (the “Soldiers and Sailors Civil Relief Act of 1940,” now “Servicemembers Civil Relief Act of 2003,” covers different ********************e altogether). USERRA provides for “prompt” reemployment (Section 4313(a)), but does not define “prompt.” Two weeks, due to the availability of training (if that truly is the first available class), would probably be “prompt,” after two years off, your 3-month notice of return notwithstanding. The Employers Support of the Guard and Reserve (ESGR: http://www.esgr.org/employers2/thelaw.asp?c=userra.html) will liaise with your employer on your behalf. In my experience the ESGR has been reluctant to aggressively assert the service members rights in some cases.
Remember, you are entitled to be reinstated at the “pay, benefits and status” as if you had never left, i.e. the “escalator principle” not the pay,… when you left, i.e. “made whole.” Also, there are significant protections against your being fired or in any way prejudiced shortly after your return.
Your USERRA rights are not waivable, and employers face big statutory damages and costs for violating them. If ESGR proves not to be as helpful as you’d like, or if you experience any other problems with your employer vis a vis your military service, contact me offline. -PP'ee