N6724G

Ok, wasnt sure if this question should go in the military section or this one. I recently got hired by a small 135 scheduled airline. Its a nice company and I am enjoying it.

I am also an officer in the Army National Guard (non flying job) I am about to take command of a company. As such,my time commitment is more than one weekend a month and two weeks inthe summer like so many civilans think the reserves/guard is.

My Chief pilot, although amiable, I could tell he wasnt too happy when I told him I have two day drill plus another two days of an inventory I have to do.

I am a little concerned. I know they cant legally fire me, but they could make my life here unpleasant. I hope that doesnt happen. What do you guys think I should do inthis situation?

SaltyDog

The Uniformed Services Employment and Reemployment Rights Act (USERRA) is your Chief Pilots guide. USERRA applies to ALL employers with 1 (One) employee or more. Often a small 135 will say USERRA does not apply to them since Federal Statutes often exclude employers with less than 20 employees etc. Not so with USERRA. Here is the discrimination side found in Section 4311 (a) which make it current law that protects Reserve and National Guard personnel from termination from their civilian employment or other forms of discrimination based on their military obligations.

USERRA

Employer Support of Guard and Reserve. These folks are DOD's assistance for all of us (employer and employee).
Look into the Resources and the Contact info. The ESGR folks in your state are very helpful. They will work with you and your employer to help understand the law. It is a cooperative effort for all.
Next, go here:
Reserve Officers Association: Law Review Index

PM me if any questions.

WeaselBoy

I'm sure as a Company Commander he knows the letter of the law as far as USERRA. I think he was asking more along the lines of the practical side.

I personally let my CP know as soon as something comes up, or may come up. Two way flow of info usually reduces the possibility of problems. And, also realize that while he has to let you go for military duty, it is someone who won't be flying.

Working proactively to help the employer while your going to be gone also helps the next Guard/ Reserve guy get hired. If you are a unrepentant pain because of duty do you think he will be as willing to hire another service member?

SaltyDog

Weaselboy,
I make no assumptions. Work for a very large employer. The level of knowledge is bluntly, very weak overall among servicemembers (employees) and employers. Talk with the ESGR folks routinely, (few times a month min) and less frequently, folks at the Dept of Labor, working to resolve issues.
Practical terms: Each service component has practical guidelines
Here is the National Guards:

http://esgr.org/utResources/serviceP...SGR_DEC_05.pdf

N6724G, Read it, your TAG should have a program so a letter can be written to your employer. Guard should be backing you up with employer relations.

rickair7777

I have found it easier to fly for large companies...you are just a commodity to them and they can easily cover flying, even on short notice. I have avoided smaller operations and corporate flying for that reason (I will reevaluate after retirement).

Legally, you can do as much mil leave as you want but practically it can strain your employer relationship if they cannot conveniently cover for you. Worst case, there are ways an employer could retaliate if so inclined.

A 91 operator could probably find a freelancer with the type and hours for insurance, but 135 checking requirements would preclude that unless they keep a part-timer on the certificate.

It all comes down to your specific employer situation, and only you can judge that.

N6724G

Hey, thanks for that link. That helps a lot I will definantly look at the ESGR site