Got let go

B

BrownMonk

Old fart Package Car Driver
JR6G said:
I have been fired for attendance due to some personal matters but my union rep told me he’s trying to get me a hearing (which I would definitely win due to why I was having attendance problems) - he said by April 23rd he could get me a hearing. It’s now May 13. Am I screwed? What would you do in this matter? Am I done for?
Click to expand...


Define attendance issues?

We have had guys with 10 NC/NS, 50 call offs, 30 late and still around but it doesn't stop the fact that they should be fired. They just fill a spot on the seniority list so the sups can work and say they were short handed. It doesn't work because they end up paying anyway.
 
Est.1998

Est.1998

Well-Known Member
JR6G said:
I have been fired for attendance due to some personal matters but my union rep told me he’s trying to get me a hearing (which I would definitely win due to why I was having attendance problems) - he said by April 23rd he could get me a hearing. It’s now May 13. Am I screwed? What would you do in this matter? Am I done for?
Click to expand...
What's your position at UPS?
It's almost impossible to be fired for attendance.
You would have to NC/NS 3 consecutive days and if you did that, you wasn't fired, you quit.
 
Boston25

Boston25

Well-Known Member
JR6G said:
I have been fired for attendance due to some personal matters but my union rep told me he’s trying to get me a hearing (which I would definitely win due to why I was having attendance problems) - he said by April 23rd he could get me a hearing. It’s now May 13. Am I screwed? What would you do in this matter? Am I done for?
Click to expand...
So I take it you filed a grievance. How long have you been with UPS? If you do get your job back do what everyone esle says and do FMLA and cover your ass. You can use intermittent fmla time and use it as need be.
 
BigUnionGuy

BigUnionGuy

Got the T-Shirt
Boston25 said:
So I take it you filed a grievance. How long have you been with UPS?
Click to expand...


For some reason, people start these threads.... never to return.


Boston25 said:
If you do get your job back do what everyone esle says and do FMLA and cover your ass. You can use intermittent fmla time and use it as need be.
Click to expand...


FMLA is not "automatic".

Members are required, to fulfill the contractual requirements.


https://teamster.org/sites/default/files/ups18nationalmaster.pdf



-Bug-
 
W

Waldo

Well-Known Member
FMLA depends on if he’s FT or PT. Most part-timers don’t qualify for FMLA. You have to average at least 25 hours a week for the past year.
 
B

BrownMonk

Old fart Package Car Driver
FMLA is federal government based rules and those say you have to work at least 1250 in any 1 year. For UPS, the year is rolling so you have to qualify based on month to month. Example...….today is May 29....if I apply today, I would be seeing if I had 1250 hours worked back to May 30, 2019. The company doesn't have to apply fmla for anyone that doesn't qualify. It would go to contract language if you don't.
 
Mugarolla

Mugarolla

Light 'em up!
BrownMonk said:
FMLA is federal government based rules and those say you have to work at least 1250 in any 1 year.
Click to expand...

National Master

Article 16

Section 6. Family and Medical Leave Act (FMLA)

All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the past twelve (12) months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.

Additionally, any employee not covered above, that has worked for the Company for a minimum of thirty-six (36) months and accrued at least 625 paid hours during the past twelve (12) months is eligible for unpaid leave as set forth below, except that the amount of leave allowed will be computed at one half (1/2) of the time provided by the FMLA.
 
B

BrownMonk

Old fart Package Car Driver
Mugarolla said:
All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the past twelve (12) months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.
Click to expand...

Again, the 625 hour provision is not FMLA. It is a contract item but it sounds like this guy is newer and not going to have 3 years seniority.
 
Mugarolla

Mugarolla

Light 'em up!
BrownMonk said:
Again, the 625 hour provision is not FMLA. It is a contract item but it sounds like this guy is newer and not going to have 3 years seniority.
Click to expand...

I never said it was FMLA law. I just said that if he has worked for us for at least 3 years, he only needs to have worked 650 hours to qualify for 6 weeks of leave. You said he can only qualify for FMLA leave if he has worked 1250 hours. You forgot to mention that he can qualify for 6 weeks under the contract.

Whether it is contractual, or law, he can qualify for 6 weeks if he has been here at least 3 years.
 
Last edited:
B

BrownMonk

Old fart Package Car Driver
Mugarolla said:
I never said it was FMLA law. I just said that if he has worked for us for at least 3 years, he only needs to have worked 650 hours to qualify for 6 weeks of leave. You said he can only qualify for FMLA leave if he has worked 1250 hours. You forgot to mention that he can qualify for 6 weeks under the contract.

Whether it is contractual, or law, he can qualify for 6 weeks if he has been here at least 3 years.
Click to expand...


My original reply was based on Boston25 telling the guy to apply for FMLA. Just pointing out that most P/T employees don't qualify and then showing why.
 

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