military leave and seniority

Discussion in 'UPS Discussions' started by chopstic, Mar 13, 2008.

  1. chopstic

    chopstic New Member

    I am aware that reservists who are called to active duty have their jobs protected, and at UPS they still acumulate seniority even while serving the military. My question is if I enlist straight to active duty (not as a reservist) for a 4 year term do I still retain my seniority, raises, vacation, etc...?

    The part time to full time driving list takes forever here. It would be nice to serve my country for four year then return and have 4 more years of seniority at UPS to bid on jobs with, not to mention the raises and vacation time.
     
  2. Big Babooba

    Big Babooba Well-Known Member

    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 USERRA-qualified military leave, the Employer shall notify the Local Union within five (5) business days.
     
  3. Jones

    Jones fILE A GRIEVE! Staff Member

    I think that you can do this as long as you return within five years, but I'm not positive. Your best bet would be to check with the recruiter for whichever branch service you are planning on serving with.
     
  4. Joopster

    Joopster Boxline Sorter

    I think under USERRA you can be terminated after accumulating 5 or more years of active duty.

    I am not positive. I should check as I am pushing close to 3.5.
     
  5. av8torntn

    av8torntn Well-Known Member

    I am pretty sure the five year rule does not count for time spent at war.
     
  6. Jones

    Jones fILE A GRIEVE! Staff Member

    Av8tortn called it right:
    1. USERRA creates the following exceptions to the five-year limit on service in the uniformed services:
      1. Service that is required beyond five years to complete an initial period of obligated service. Some military specialties require an individual to serve more than five years because of the amount of time or expense involved in training. If the employee works in one of those specialties, he or she has reemployment rights when the initial period of obligated service is completed;
      2. If the employee was unable to obtain orders releasing him or her from service in the uniformed services before the expiration of the five-year period, and the inability was not the employee's fault;
        1. Service performed to fulfill periodic National Guard and Reserve training requirements as prescribed by 10 U.S.C. 10147 and 32 U.S.C. 502(a) and 503; and,
        2. Service performed to fulfill additional training requirements determined and certified by a proper military authority as necessary for the employee's professional development, or to complete skill training or retraining;
      3. Service performed in a uniformed service if he or she was ordered to or retained on active duty under:
        1. 10 U.S.C. 688 (involuntary active duty by a military retiree);
        2. 10 U.S.C. 12301(a) (involuntary active duty in wartime);
        3. 10 U.S.C. 12301(g) (retention on active duty while in captive status);
        4. 10 U.S.C. 12302 (involuntary active duty during a national emergency for up to 24 months);
        5. 10 U.S.C. 12304 (involuntary active duty for an operational mission for up to 270 days);
        6. 10 U.S.C. 12305 (involuntary retention on active duty of a critical person during time of crisis or other specific conditions);
        7. 14 U.S.C. 331 (involuntary active duty by retired Coast Guard officer);
        8. 14 U.S.C. 332 (voluntary active duty by retired Coast Guard officer);
        9. 14 U.S.C. 359 (involuntary active duty by retired Coast Guard enlisted member);
        10. 14 U.S.C. 360 (voluntary active duty by retired Coast Guard enlisted member);
        11. 14 U.S.C. 367 (involuntary retention of Coast Guard enlisted member on active duty); and
        12. 14 U.S.C. 712 (involuntary active duty by Coast Guard Reserve member for natural or man-made disasters).
      4. Service performed in a uniformed service if the employee was ordered to or retained on active duty (other than for training) under any provision of law because of a war or national emergency declared by the President or the Congress, as determined by the Secretary concerned;
      5. Service performed in a uniformed service if the employee was ordered to active duty (other than for training) in support of an operational mission for which personnel have been ordered to active duty under 10 U.S.C. 12304, as determined by a proper military authority;
      6. Service performed in a uniformed service if the employee was ordered to active duty in support of a critical mission or requirement of the uniformed services as determined by the Secretary concerned; and,
      7. Service performed as a member of the National Guard if the employee was called to respond to an invasion, danger of invasion, rebellion, danger of rebellion, insurrection, or the inability of the President with regular forces to execute the laws of the United States.
    2. Service performed to mitigate economic harm where the employee's employer is in violation of its employment or reemployment obligations to him or her.
    It sounds like you're all clear, assuming that after 4 years you still want to come back to UPS.