Military vacation accural

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.
 

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:
USERRA provides that returning service-members are reemployed in the job that they would have attained had they not been absent for military service (the long-standing "escalator" principle), with the same seniority, status and pay, as well as other rights and benefits determined by seniority.
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.
 

UpstateNYUPSer(Ret)

Well-Known Member
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.
 

Jones

fILE A GRIEVE!
Staff member
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.
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.
 

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.
 

tieguy

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.

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.
 

hypocrisy

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.

"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.

http://www.dol.gov/vets/programs/userra/userra_private.pdf

Specifically:

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION​
If you:​
I
are a past or present member of the uniformed service;

I
have applied for membership in the uniformed service; or

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

I
initial employment;

I
reemployment;

I
retention in employment;

I
promotion; or

I
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.
 

av8torntn

Well-Known Member
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.

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.
 

tieguy

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.

http://www.dol.gov/vets/programs/userra/userra_private.pdf

Specifically:

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION​
If you:​
I
are a past or present member of the uniformed service;

I
have applied for membership in the uniformed service; or

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

I
initial employment;

I
reemployment;

I
retention in employment;

I
promotion; or

I
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.

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

tieguy

Banned
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.

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

UPSGUY72

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.

http://www.esgr.org/Site/Resources/TipsforMilitaryMembers/tabid/114/Default.aspx
 

av8torntn

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.

http://www.esgr.org/Site/Resources/TipsforMilitaryMembers/tabid/114/Default.aspx

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.
 
Top