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

[david426]

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?

 

[UpstateNYUPSer(Ret)]

I think you are out of luck.

 

[upsman68]

File

 

[Jones]

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

 

[superballs63]

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

 

[UpstateNYUPSer(Ret)]

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

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

 

[david426]

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

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

 

[UpstateNYUPSer(Ret)]

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

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

 

[david426]

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

 

[david426]

the 5th was a call in

 

[UpstateNYUPSer(Ret)]

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

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

 

[UpstateNYUPSer(Ret)]

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

 

[david426]

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

 

[superballs63]

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

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.

 

[UpstateNYUPSer(Ret)]

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

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

 

[david426]

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?

 

[david426]

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

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

 

[UpstateNYUPSer(Ret)]

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

You do like splitting hairs, don't you?

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

 

[david426]

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

 

[UpstateNYUPSer(Ret)]

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.