USERRA: Separation-US vs Absent-US

KevH

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I'm currently on Absent-US status while on military orders. Has anyone gone the Separation-US route instead and how has that worked for them? Specifically, when coming back to the FAA were you assigned your old facility, just sent somewhere, given a list to choose from, etc? If given a list, what levels did it include compared to your previous facility? I like the facility I am at and for a low level facility I definitely lucked out; however, I do want to move up and if Separation-US would allow me to return to the FAA but at a higher level facility that would be great. Perhaps it's wishful thinking on my part, but if anyone has experience with this route please let me know. Thanks!
 
Assuming you're a current CPC at an FAA facility and would leave the FAA for a period of 6 months or more, check out the CPC reinstatement thread.
 
Thanks. I did read through that thread. I am a CPC and have been gone for about 17 months now, but I am in an LWOP status (Absent-US). I believe that the reinstatement requires separation. I'm trying to stay within USERRA reemployment rights in order to maintain NATCA seniority, ATC good time, TSP matching, etc. I'm not sure if going this route would affect anything there. In any case this could provide a good avenue of being able to try to move up while still being guaranteed reemployment after the end of orders.
 
Do you mean under the new MOU or under Separation-US? I'm inclined to agree with you either way but the FAA does some pretty strange things. I have ERRs in the system so I'll probably just let the normal system work its way out while I chill on military orders. If there's a quicker way to move up I'll take it.
 
In case this is of interest or applies to anyone else now or in the future, I am probably going to stay in Absent-US status. In order to do Separation-US I need to give written notice that I don't intend to return to the FAA after completion of my military orders. Even though USERRA still guarantees me reemployment with the FAA despite the written notice I didn't intend to return, I think it gives the FAA too much leeway in where they could send me. I like where I work, so only if resigning would guarantee I would move up upon return or always have my current facility as an option to go back to would I do it. For anyone that actually despises the facility they are at, this could potentially prove a good avenue if you are in the Guard or Reserves and are able to get on orders. Could roll the dice with where the FAA might place/offer you. Worst that could happen is they send you back to your old facility. Anyway, my FACREP is looking into what the FAA policy is (if there is any) for those who resign when going on military orders. If he comes back with some good news I still might do it, but as of now I think it would put me too much in a needs of the FAA category.
 
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