Article 60 Holiday Question.. Not paid for July 4th

Discussion in 'UPS Discussions' started by david426, Jul 15, 2012.

  1. david426

    david426 Member

    I was not paid for Wednesday July 4th.. Tuesday July 3rd was an FMLA Medical leave for me... Thursday July 5th was a no pay call in. Article 60 states,, that a seniority employee must work either the day before or the day after the holiday to get paid for the holiday,, Except if the absence is a proven medical illness.. FMLA on Tuesday was my proven illness.. The 5th of July was a call in.. Company says both day before and day after the holiday have to be medical related.. The Contract says "Except if the Absence (singular, as in one,) is a proven illness" The word Absence again is singular not plural... The word Absences ( plural,meaning more than one) is not used in the language in the contract language.. Apparently management cannot comprehend the language,, or is it me that can't comprehend the language??? Anyhow I have to file a grievance now.. What do you folks think?
     
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    I think you are out of luck.
     
  3. upsman68

    upsman68 Active Member

  4. Jones

    Jones fILE A GRIEVE! Staff Member

    I don't think you win this one, but go ahead and file for the clarification
     
  5. superballs63

    superballs63 Well-Known Troll Troll

    You have to work both the day before AND the day after to get paid. You don't work one, well then you forfeit your holiday pay....Sorry
     
  6. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    ...unless one of those days is a scheduled day off...
     
  7. david426

    david426 Member

    or unless one of those days is a proven medical illness.. Which I had a proven illness
     
  8. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    OK--that explains the 3rd---what about the 5th?
     
  9. david426

    david426 Member

    Read the language carefully.. You DO NOT have to work both days if you have a proven medical illness
     
  10. david426

    david426 Member

    the 5th was a call in
     
  11. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Were you sick on both the 3rd and the 5th?
     
  12. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    You weren't paid for the 4th because you banged in on the 5th.
     
  13. david426

    david426 Member

    the language says the absence (singular as in one) must be proven illness.. It does not say absences (plural, meanin more than one)
     
  14. superballs63

    superballs63 Well-Known Troll Troll

    You said yourself, the third was medical, and the 5th was a call out....therefore you don't get the holiday pay. Maybe you should have said you had a proven illness on Friday too. You want a long weekend, but you want the pay to which you are not entitled.
     
  15. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Absences of up to 3 days count as one occurance, hence the contract language.
     
  16. david426

    david426 Member

    that is my argument... If you had to have illness proved on both the day before and after.. the language would say proof for the absences..right?
     
  17. david426

    david426 Member

    Yes 3 consecutive days in a row is an occourance.. The 4th was a holiday, thus not consecutive
     
  18. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    You do like splitting hairs, don't you?

    The 3rd and 5th would be considered consecutive days for the purpose of this argument.
     
  19. david426

    david426 Member

    Fmla is a paid day or vacation day paid, which counts as a report right?
     
  20. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Yes but banging in on the 5th is what cost you your holiday pay. If you can get a doctor's note for the 5th submit it and ask for a payroll adjustment.