Furlough Question
01-04-2010, 08:38 PM
#1
Gets Weekends Off
Thread Starter
Joined APC: Oct 2005
Position: Trying not to crash
Posts: 1,260
Furlough Question
Can you be furloughed while on military leave? How would it work if you were on a long term LOA, and your seniority number would have been furloughed if you were active? What if you tried to come back from MIL leave- are you immediately furloughed, or is your LOA extended? Thanks.
01-04-2010, 09:11 PM
#2
Gets Weekends Off
Joined APC: Aug 2007
Position: Eff Oh Won Fo Fife
Posts: 325
As long as it is by seniority, then yes, you can be furloughed while on mil leave. Sorry. Your furlough date would be the same as everyone else's.
On the flip side of that, if they recall up to your seniority number, you get recall rights upon your return.
If you have any more specific questions, PM me.
On the flip side of that, if they recall up to your seniority number, you get recall rights upon your return.
If you have any more specific questions, PM me.
01-04-2010, 09:12 PM
#3
Gets Weekends Off
Joined APC: Dec 2005
Position: Leftof longitudinal
Posts: 1,899
Yes. LOA would not matter. You can be furloughed per the contract or company policy (as long as it is applied same to all employees).
The applicable federal statute is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Act itself can be found in the United States Code at Chapter 43, Part III, Title 38.
In total, the escalator clauses allow an employee to be treated as if they never left. That means you move up in seniority, maintain the pay rate upon return as if you never left, all benefits dispensed upon return at the same rate as if you never had left for military duty.
The flip side of the escalator clause: You can be furloughed while on military duty just like your fellow employees. Your benefits would accrue as any other furloughed employee.
The Department of Labor has issued regulations that clarify its position on the rights of returning service members USERRA. See 20 CFR Part 1002.210
and similiar paragraphs.
This is just a very rough response, but gives you an idea.
The applicable federal statute is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Act itself can be found in the United States Code at Chapter 43, Part III, Title 38.
In total, the escalator clauses allow an employee to be treated as if they never left. That means you move up in seniority, maintain the pay rate upon return as if you never left, all benefits dispensed upon return at the same rate as if you never had left for military duty.
The flip side of the escalator clause: You can be furloughed while on military duty just like your fellow employees. Your benefits would accrue as any other furloughed employee.
The Department of Labor has issued regulations that clarify its position on the rights of returning service members USERRA. See 20 CFR Part 1002.210
and similiar paragraphs.
This is just a very rough response, but gives you an idea.
01-04-2010, 09:36 PM
#5
Gets Weekends Off
Joined APC: Dec 2007
Position: FO
Posts: 254
Best bet, if you know you're furloughed, see if you can extend your military orders and LOA, that way you never come off of military duty and benefits. There are a lot of pluses to being guard/reserve even if your AFSC/MOS is not a flying job.
Last edited by BoilerWings; 01-04-2010 at 09:37 PM. Reason: grammar edit
01-05-2010, 06:24 AM
#6
Gets Weekends Off
Joined APC: Aug 2007
Position: Eff Oh Won Fo Fife
Posts: 325
USERRA The Law- Layoff/ Recall Rights
That's a FAQ from the Employer Support for the Guard and Reserve website.
ESGR is a pretty good organization. I've had to have a few of my guys use it in the past to resolve some employer disputes.
Again, good luck.
That's a FAQ from the Employer Support for the Guard and Reserve website.
ESGR is a pretty good organization. I've had to have a few of my guys use it in the past to resolve some employer disputes.
Again, good luck.
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