New Pinnacle Military Leave Policy
#11
Upon notification of any Military Assignments the pilot is to present their written orders, if possible, of the planned drill(s), to include the name and contact number of the Commanding Officer, to your Base Management. If written orders have not yet been received or are unable to be provided in advance, submit a written notification to your Base Management that contains this information as soon as known.
Reserve/Guard personnel that volunteer for additional military assignments should attempt to schedule these periods around planned company “days off” in order to minimize schedule adjustments. Upon assignment of the additional drill(s), present written orders or submit a written notification to your Base Management that contains this information as soon as known.
Process: Pre-PBS
All known military orders will be forwarded to scheduling by the 15th of the month prior to the military duty assignment, in order to incorporate the event into the PBS line construction.
A pilot who is not available for a full month will have their eligible minimum guarantee pro-rated based on the number of days available.
Pilots will have a choice of determining eligible minimum monthly guarantee/day off entitlement by choosing one of the two available options listed below:
Option 1: Prorated monthly guarantee andOption and minimum days off (default option)
Guarantee
75 Hours / # of Days on the bid month (either 30 or 31) = (2.5 or 2.42)
2.5 or 2.42 multiplied by the number of days unavailable for assignment = Y
75 Hours minus Y = pro-rated guarantee.
Days Off (Rounded to the nearest whole number)
Days in the month minus unavailable days
X 10
Days in the month
Option 2: Military Days Counted as Off Days (for leaves not exceeding 3 days)
Have the period of Military Leave counted as part of minimum days off (i.e. with two (2) days military leave the pilot would be entitled to eight (8) additional days off).
So, at my Guard Unit, I'm allowed 4 days a month to work/train/get paid. That means that I can either have a guarantee from Pinnacle of 6 days off a month plus my 4 military days, or I can take a pro-rated guarantee for only being available to fly 26 days out of a 30-day month. Still, senior line-holders can hold 20 to 22 days off a month and make guarantee. So why can't I have 14 days off (4 in service of my country) and still make the 75 hour guarantee? I mean is this even legal? Like everyone else, I'm angry as he!! over the new pass travel BS, but this absolutely makes my blood boil. Essentially management is telling us that it's ok to serve our country as long as it's on our own time.
Reserve/Guard personnel that volunteer for additional military assignments should attempt to schedule these periods around planned company “days off” in order to minimize schedule adjustments. Upon assignment of the additional drill(s), present written orders or submit a written notification to your Base Management that contains this information as soon as known.
Process: Pre-PBS
All known military orders will be forwarded to scheduling by the 15th of the month prior to the military duty assignment, in order to incorporate the event into the PBS line construction.
A pilot who is not available for a full month will have their eligible minimum guarantee pro-rated based on the number of days available.
Pilots will have a choice of determining eligible minimum monthly guarantee/day off entitlement by choosing one of the two available options listed below:
Option 1: Prorated monthly guarantee andOption and minimum days off (default option)
Guarantee
75 Hours / # of Days on the bid month (either 30 or 31) = (2.5 or 2.42)
2.5 or 2.42 multiplied by the number of days unavailable for assignment = Y
75 Hours minus Y = pro-rated guarantee.
Days Off (Rounded to the nearest whole number)
Days in the month minus unavailable days
X 10
Days in the month
Option 2: Military Days Counted as Off Days (for leaves not exceeding 3 days)
Have the period of Military Leave counted as part of minimum days off (i.e. with two (2) days military leave the pilot would be entitled to eight (8) additional days off).
So, at my Guard Unit, I'm allowed 4 days a month to work/train/get paid. That means that I can either have a guarantee from Pinnacle of 6 days off a month plus my 4 military days, or I can take a pro-rated guarantee for only being available to fly 26 days out of a 30-day month. Still, senior line-holders can hold 20 to 22 days off a month and make guarantee. So why can't I have 14 days off (4 in service of my country) and still make the 75 hour guarantee? I mean is this even legal? Like everyone else, I'm angry as he!! over the new pass travel BS, but this absolutely makes my blood boil. Essentially management is telling us that it's ok to serve our country as long as it's on our own time.
I highlighted in red the illegal (counter to USERRA) language. I highlighted in Blue the standard laguage that makes the 'mandatory' policy only a suggestion. Employers typically rely on us to be stupid and think it is required, but then have the caveat to keep them out of legal trouble. i.e. if you don't comply, it is legal.
Thay being said, much of this policy is legal under USERRA and much of the rest is recommended by the Employer Support of the Guard and Reserve (ESGR) and DOD Service specific policy. (Like minimize impact to civilian employers). ESGR is a DOD sponsored organization that attempts to mitigate problems. Look here and click "Resources" and USERRA tabs. Employer Support of the Guard and Reserve > Home
As long as pay is equal to others either by contract or policy, it is legal. USERRA is a floor, if your contract provides a better benefit, then USERRA makes that benefit level the new 'floor' for your employer and employees. So if all pilots on leave or only available for same number days, it is legal.
Do you all have a Military Rep or Liaison with management? If you don't, call ESGR and establish
comms between the union and the company. Unions typically are not educated/staffed for unique military issues. Will take a motivated line pilot to step to the plate or expect management to remain ignorant of USERRA and attempt to make 'suggested' policies mandatory (illegally). Good luck. Verbal notification is all that is required, no time line (be responsible). Management can only require proof of valid service, timely notification, etc when service exceeds 30 days. Never have to show actual orders. However, it is required to leave a valid contact number for your military unit as it is lawful for the management team to contact military officials regarding your service if your service is a particular hardship for your employer. Management is expected to rarely contact military officials, good luck.
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