Military vacation accural

Discussion in 'UPS Union Issues' started by JHOLLYWOOD, Aug 17, 2010.


    JHOLLYWOOD New Member

    I was deployed to Afghanistan all 2009. I returned back to work and was informed that I did not have any vacation time. I asked around to find that other members had recieved pay for their service overseas. I filed only to find out that UPS had changed Policies in January 2007 , which stated that they would no longer pay vacations on members that served overseas. I was talking with another member that said post it on Brown Cafe to see if UPS had paid other members after the January 2007. If so I would have a case.
  2. Jones

    Jones fILE A GRIEVE! Staff Member

    If the company is saying that you don't get any vacation this year because you didn't earn it by working last year, you might have a case. From USERRA:
    Earned vacation time might fall under "other rights and benefits". I would talk to a military lawyer who specializes in USERRA cases, I'm guessing your unit should be able to help you out with that.
  3. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    First, as a veteran, I would like to thank you for your service. As far as your vacation, I think it would be pushing it to expect to receive pay for vacations that you did not work to earn.
  4. Jones

    Jones fILE A GRIEVE! Staff Member

    He spent a year serving his country in Afghanistan, I think you're pushing it by saying he didn't "earn" his vacation. If he's entitled to it under USERRA then he should get it and he absolutely deserves it.
  5. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    I don't think the OP is looking for opinion on this matter.
  6. tieguy

    tieguy Banned

    that never stopped you.:happy2:
  7. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    Show me.
  8. hypocrisy

    hypocrisy Banned

    This shameful tactic has been tried before by UPS and they have paid dearly.

    You are entitled to all your accrued vacation time, pension benefits etc just as if you were working all along.

    Besides being the least UPS can do for your service, it's also a nice tax deduction for the Company.

    Shame on UPS.
  9. tieguy

    tieguy Banned

    I think ups has shown a desire to support their veterans in the past.

    Before I say shame on anyone I would have to ask who is telling him what. Are we dealing with the ignorance of a local supervisor or local management or is HR and or labor telling him the same thing.
  10. tieguy

    tieguy Banned

  11. hypocrisy

    hypocrisy Banned

    "shown a desire" what a meaningless statement Tie. UPS should be following the law or they will pay dearly as they have in the past. It's unconscionable, inexcusable behavior.

    Apparently, even Tie is ignorant of the law because it's posted in every building where all the required Dept of Labor postings are: including Minimum Wage, OSHA, EEOC, etc. Unless UPS does not require their management personnel to be able to read, there can be no excuse.


    If you:​
    are a past or present member of the uniformed service;

    have applied for membership in the uniformed service; or

    are obligated to serve in the uniformed service;
    then an employer may not deny you:

    initial employment;


    retention in employment;

    promotion; or

    any benefit of employment
    because of this status.
    In addition, an employer may not retaliate against anyone assisting in
    the enforcement of USERRA rights, including testifying or making a
    statement in connection with a proceeding under USERRA, even if that

    person has no service connection.
  12. av8torntn

    av8torntn Well-Known Member

    If it is who I am thinking of he filed a grievance and it wen to the panel and lost. So yes HR and labor were telling him the same thing.

    As for me I went before 2006 and was paid vacation time when I returned just as if I had worked.
  13. Why?

    Why? New Member

    It's been to National Panel and denied as late as this year.
  14. tieguy

    tieguy Banned

    Since you did not have the anwer to the question you should have hidden your ignorance by staying quiet.
  15. tieguy

    tieguy Banned

    Went to panel and he lost? What reason, did the law change?
  16. Funfact

    Funfact Well-Known Member

    Vacation is tied to your Hrs worked you need to have worked 120 hr the previous yr in the New england Area. Your not guaranteed vaction. Also if they had to give you vacation it would be unpaided.

    Vacation Accrual.
    Your employer is not required to provide for vacation accrual while you are absent from work performing military service, unless accrual is permitted for employees on nonmilitary leave of absence of similar length.
  17. av8torntn

    av8torntn Well-Known Member

    Maybe he will chime in but I gave him a statement to take and all he told me was that it lost at panel.
  18. av8torntn

    av8torntn Well-Known Member

    But what if they gave people paid vacation that took military leave? I was gone two years and got a paid vacation yet he did not.
  19. Funfact

    Funfact Well-Known Member

    Did they owe you a vaction from time before you took military leave? If you have earned vacation they have to keep it for you.

    It's in black in white in the law.
  20. av8torntn

    av8torntn Well-Known Member

    No but they also paid me while I was gone so maybe that's the difference?