Military/personal leave Question

[Nockahate9]

Im not sure how to word this question, so here it goes. I was just discharged after 6 years in the marine reserves last month. One of my Sergeants just called and asked if I wanted to get sent to Kuwait for a year for a security detail. I will be going with the military but will technically be a civilian. Does this qualify for military leave. I really would like to go considering its something I love doing but I've been part-time for 5 years and don't want to take a chance loosing my seniority and benefits. Or if its possible to take some sort of personal leave. If not, it wouldn't hurt my feelings in not going. If anyone has got any suggestions, I would appreciate it.

[JARHEAD]

Your best bet is to talk with you union steward; they seem to have all the answers from my experience. Semper Fi!!!

[Nockahate9]

I spoke with him today and he said it wouldn't be a problem if I give them my orders and let them know as soon as I return. My concern is that I will be civilian status and will likely not have any orders

[Jones]

From what you're saying it doesn't sound like you would be covered by USERRA, ie, not under contract and no orders. In which case UPS would be under no obligation to even re-employ you. I would talk to a military lawyer just to be sure though.

[JARHEAD]

Well as we know...Make sure you CYA. UPS is far from the military, they dont believe in going to the plate for you. Ya gotta look out for yourself. Tough call for you. Sometimes I wish I would have just stayed in and rolled the dice.

[Nockahate9]

The main reason I asked, is that another guy I work with joined the airforce, told them in advance and they said OK, call us when you get back. He showed no orders, served 4 years and came back with his seniority.

[JonFrum]

ARTICLE 15. MILITARY CLAUSE
Employees in service in the uniformed services of the United States, as defined by the provisions of the Uniform Services Employment and Reemployment Rights Act (USERRA), Title 38, U.S. Code Chapter 43, shall be granted all rights and privileges provided by USERRA and/or other applicable state and federal laws. This shall include continuation of health coverage as provided by USERRA, and pension contributions for the employee’s period of service, as provided by USERRA. Employees shall be subject to all obligations contained in USERRA which must be satisfied for the employees to be covered by the statute.

The Employer, in its discretion, may make additional payments or award additional benefits to employees on leave for service in the uniformed services in excess of the requirements outlined in the USERRA.

Upon notification from an employee that he/she is taking USERRAqualified military leave, the Employer shall notify the Local Union within five (5) business days.

It seems the Uniformed Services Employment and Reemployment Rights Act only applies to "uniformed service" and that in most cases you can't serve for more than five years.

http://www.military.com/benefits/leg...serra/overview

http://www.military.com/benefits/leg...ers/userra/faq

See Article 16 for a non-military Leave of Absence:
http://www.teamster.org/sites/teamst...02008-2013.pdf

[hdkappler]

Im not sure how to word this question, so here it goes. I was just discharged after 6 years in the marine reserves last month. One of my Sergeants just called and asked if I wanted to get sent to Kuwait for a year for a security detail. I will be going with the military but will technically be a civilian. Does this qualify for military leave. I really would like to go considering its something I love doing but I've been part-time for 5 years and don't want to take a chance loosing my seniority and benefits. Or if its possible to take some sort of personal leave. If not, it wouldn't hurt my feelings in not going. If anyone has got any suggestions, I would appreciate it.

if you are smart renlist for another hitch.20 years in service you can retire i think?