Flaps50

I'd bid the highest paying seat you can, then come back and they might excess you before you train in it, and a good chunk of time off with WB pay... they could train you right away too, but I'd let them excess you.

Raptor

Not true!

When returning from long term military leave, at your length of 7 years, you'll have 90 days from leaving your military status to request a return to work. Court cases have held that 2 weeks is the most time the company can wait to re-employ you at your length of absence. So if you notify the company two weeks in advance of your desired return date that's within 90 days of departing military duty, they will have to re-employ you per USERRA rules and court rulings with at most a two week delay. FedEx knows this and follows it. They are actually good about this sort of thing. So, if you requested today to return back to work April 22nd, you would be paid from April 22nd (even if you weren't in a class until May 5th), for example. The company doesn't want to spend money unnecessarily, so expect to be put into a class very, very shortly after your requested return date--assuming it's two weeks away. (Hint, look at the training letter and if you see a class in YOUR desired return seat/plane, you can get some idea of your potential class date, although they could always create a class just for you.)

Assuming you gave them notice of your departure, followed the USERRA requirements, had an honorable term of service, and requested reemployment in a timely (your case 90 days) manner, this will all work out fine for you. The only question I have is that USERRA protects you for 5 years of service. But, if any of your orders say that "this period of service is exempt from ....." don't know the exact phrasing, but if you see something on any of your orders like this, then that period doesn't count towards the 5 year limitation (this statement may also be on your DD 214?). Orders in support of OEF/OIF should have this statement on it. There are other types of duty that don't count towards the 5 year limit, and if this is a concern for you, take a look at this law review article number 201 http://www.servicemembers-lawcenter....EVIEW_201.html .

Make sure you send your request for reemployment to not only the PAC, but also your Fleet Manager. In that request for reemployment, tell them the plane, crew position, and base YOU wish to return to. ANY plane, crew position, and base that you COULD have held at ANY time during ANY bid while you were gone, is yours solely for the asking...it doesn't matter if you can hold it at this exact present date or not. It also doesn't matter what your standing bid reflected at any time you were away. You weren't required to keep it updated while you were away. This principle is called the "escalator clause" and I'm absolutely sure about this and how it applies to a pilot's return training. It is not FedEx's choice where to train you, it's yours. If you could have held Captain or wide body F/O, but now you can't, it doesn't matter...all that matters is that you could have during one of the bids while you were gone.

Since our job requires a skill exam (passing IOE), USERRA rules about your pay and pension kick in once you pass IOE. FedEx has 90 days by law make up pension payments for you from your return date. Look at your Vanguard account and 90 days from your return, you'll see line entries for MLA Makeup. Also, you have the right to make up 401(k) and get the $500 company match...so I would suggest you do that to get that money. You have 3 times the period you were on MLA up to a max of 5 years to make this 401 (k) or any other sort of pension make-up...so in your case...5 years not 21! Just be careful if you contributed or maxed your TSP at any time during military service, that you can't exceed the yearly 401(k) contribution limits during any year by looking at your combined TSP and FedEx made-up 401 (k) contributions. To make these back-dated 401(k) contributions, call the Vanguard representative, not FedEx...they know at Vanguard exactly what's going on with military returnees and what you can do. Vanguard is also more helpful getting your imputed earnings information and how the make-up pension contributions were made than FedEx is sometimes.

You will also get an imputed earning for each year you were gone which is based on your 12 months earnings before your departure since we don't have a fixed salary. But, this imputed earning should increase each year you were away since it MUST reflect any seat change and longevity (pay raise based on longevity) you earned. (Note that you kept earning longevity by USERRA/Federal Law, not FedEx goodwill) while you were gone. Ask for the calculations from crew pay data of your imputed earnings while you were away and you can cross check to see if your pension make up payments were done correctly. And, these imputed earnings count towards your high 5 retirement just in case you quit, die, retire, go on disability, etc...so make sure they're right. Since our RSA (reserve sick account) can pay out to pension when it goes over 686 hours, we're lucky that FedEx is required to give you RSA for your time away per USERRA/Federal Law! You will see a DSA bump-up for your time away...it will be based on your sick leave usage the 12 months prior to your departure, so if you used half your sick leave the year before you left, you'll see a DSA bump up of 7 x 36. If you used none, it will be 7 x 72!

What I believe FedEx may not do correctly (and you can fight for it if you have the energy...use the Ombudsman system, ESGR, Union military affairs, ROA resources, etc). You should get paid any bonus that went to the crew force due to contract signing. You should get your imputed pay and pension payments adjusted once you finish IOE to reflect when you should have held the seat you just trained for based on the next junior pilot to you activation date to your new position.

Last, FedEx has the right to request you verify you met USERRA requirements to exercise your right to return to employment when you're away for more than 31 days. You can do this easily through your orders and/or DD 214s. Just make sure your orders reflect that they didn't count towards the 5 year requirement when appropriate. I believe the DD214 may now reflect this too, but I'm not sure about that? Also, make sure your orders are continuous for the period you were away. It's OK to have breaks in orders that don't exceed your "must request a return to work limitation" though. For example, if you went on 365 days of orders you COULD have a break in your orders for up to 90 days before the next set and still be OK. If you have any concerns in this area, PM me.

There are a lot of ins and outs to returning from long-term military leave and there are some tremendous protections for you grounded in USERRA. Capt Sam Wright helped write the USERRA laws and now helps service members apply it. Take a look at Home Page for some outstanding information. Look at the Law Reviews on the upper left side's links and you can find almost any situation you might be in. He will also take phone calls and emails to help answer any specific questions you may have if you think something is not being applied correctly for you.

Welcome back and good luck! Remember, YOU choose what to return to based on what you could have held at any time you were away.

The Walrus

Great info Raptor. Thanks for posting.

SteveA

Thank you, everyone, all those posts were helpful. Raptor, I especially appreciate the detailed post. I had an idea FDX was obligated for numerous things per USERRA, but that was a great summary. Nearly all of my time was exempt. I started out with an aircraft conversion in my ANG unit (to the Raptor, ironically enough), a year of seasoning (exempt), followed by 3.5 years of rated staff backfill at ACC on ONE orders (exempt), then about two years of NGB staff at ACC (also exempt). I had a couple overseas TDYs sprinkled in as well.

Flaps 50, I though about going back to the WBs, but right now it LOOKS like I can hold double D/Hs in my hometown on the 757. We'll see how that pans out.

AFW_MD11

I'll go ahead & say it now - "how'd that work out for ya?"

NEVER make/base a "plan" on double DH trips to your "home town" existing in the current bid pack (even if your seniority can hold it) - odds are that it won't "pan out" at all.

The only thing that's guaranteed at FedEx is change.

Osmosis

- Be prepared to and expect them to make a class for you. The class most likely will start the first possible date following your reemployment date. You will in fact receive an email which aircraft you can train into, and a request to inform them what you want. That email will include training dates to help your decision. I would update your standing bid.

- The B Fund contribution is paid out exactly how written above. They will in fact do a one year look back (12 Months) before you went on LTMLA and use that to base your contribution. That look back will be based solely on the number of hours paid out that 12 months, but will not include anytime you were on MLA that year. I am not sure how legal/correct that is, as my understanding B Fund would be based on what you could have earned, so 844 hours a year (Except when the company implemented 4A2B). Numerous attempts to clarify that with our Union Military Rep were not returned.

- Sick accrual is also given by the company to returning pilots coming off LTMLA. As described, they look at how much sick you used the 12 months before you went on LTMLA. The less you used, the more you receive... and in your case X 7. If you used 72 hours of sick the 12 months before going on LTMLA, you will receive nothing. If you used no sick the 12 months preceding LTMLA, you will receive 72 x 7. I'd watch this like a hawk and ensure it gets in your account. Someone's sick usage does not matter when calculating the next year's accrual per the CBA, but for some reason does when calculating it for returning from LTMLA. Clarification requests to our Union Military Rep and Enforcement were never returned, but this method of calculating sick is not complaint with the CBA.

- 401K Contribution Make-up. (First I heard of that and wish I would have known that)

- The contract signing bonus paid out during your absence was not returned to me after fighting it. Attempts to contact our Union Military Rep for backup to this fight were not returned. The company would not return it, but I hope you have different results.

Good luck and welcome back!

kronan

Welcome back,
Thank you for your service.

Double DHs home town sounds like a great plan.
DHs might go away, but company isn't buying A310s to replace 757 so I'm thinking it's a pretty safe bid for the near future

Flaps50

I here ya, just a little gamesmanship. If you were to bid an MD11 (if seniority would likely be excessed) then the forward bid/excess bid closed in the following weeks. There is a chance that you would go to the end of the 757 training letter if that was your next bid position. DDHs wouldn't matter because you'd be flying the 757 anyway, but have the next 6-9 mo. off at WB pay before your excess training date came about.

Now if you didn't have the lack of seniority to get excessed, then you'd bid to relieve and go to training in bid to relieve order based on seniority, but that could still put the training a few months down the road. You'll go back at whatever position you held when you left on MLA for pay purposes until you checkout in another jet so you may want to get into a class asap if you were a B727 SO, but if you were an MD11 FO when you left you may want to game it a bit.

Just a thought...

Lindy

Flaps 50, why do you think he will have 6-9 months if excessed?

Are you presuming he returns from Mil Leave, asking for the -11, assigned a class date, excess bid comes out, and he then bids the 757?

FDX can AND WILL train him out of seniority, pay protecting him. This was demonstrated when the 727s were parked....many FOs were trained out of seniority. The DC-10 deal of old no longer exists....only the very, very senior pilots received more than 4 months off (unless special circumstances existed). When I say senior, I mean the top 10% of the bid pack.

Flaps50

I never said "Will" it's all a crap shot, but why not try and get that time off with WB pay? If he left as an MD11 pilot he retains that position. He has to go through full school again anyway cause it's been 7 years. if the bid closes they "may" not train him back to the MD11, worst case he goes to the B757 anyway...