Military vacation accural

[av8torntn]

§ 4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service</B>
(a) A person who is reemployed under this chapter is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.

So isn't the amount of vacation time determined by your seniority? 15years=4 weeks as long as you were there to work x amount of reports. So if they must treat you as if you had been continuously employed then they would need to pay your vacation correct?

(B) entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person performs such service.

Then it says this so I am guessing the determination is if vacation is determined by seniority or not? Does UPS even give a non military leave of absense?

 

[hypocrisy]

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

Employees on FMLA still accrue vacation, so there's your non-military leave of absence of simliar length.
We had one center manager threatened with arrest by a Lt. Col. (which they can do apparently) for violating USERRA. Not only was the employee in question awarded all his back vacation, every other military employee in the building was similarly recompensated. One driver recieved close to $60k.

1. Which non-seniority rights and benefits is the employee entitled to during a period of service?
   The non-seniority rights and benefits to which an employee is entitled during a period of service are those that the employer provides to similarly situated employees by an employment contract, agreement, policy, practice, or plan in effect at the employee’s workplace. These rights and benefits include those in effect at the beginning of the employee’s employment and those established after employment began.
   
   They also include those rights and benefits that become effective during the employee’s period of service and that are provided to similarly situated employees on furlough or leave of absence. If the non-seniority benefits to which employees on furlough or leave of absence are entitled vary according to the type of leave, the employee must be given the most favorable treatment accorded to any comparable form of leave when he or she performs service in the uniformed services. As a general matter, accrual of vacation leave is considered to be a non-seniority benefit that must be provided by an employer to an employee on a military leave of absence only if the employer provides that benefit to similarly situated employees on comparable leaves of absence.

http://www.esgr.org/Site/Resources/EmployerResourceGuide/tabid/106/Default.aspx

I wouldn't bother with a grievance in this case, I would file a direct DOL complaint and also contact his military liaison.

 

[UPSGUY72]

§ 4316. Rights, benefits, and obligations of persons absent from employment for service in a uniformed service</B>
(a) A person who is reemployed under this chapter is entitled to the seniority and other rights and benefits determined by seniority that the person had on the date of the commencement of service in the uniformed services plus the additional seniority and rights and benefits that such person would have attained if the person had remained continuously employed.

So isn't the amount of vacation time determined by your seniority? 15years=4 weeks as long as you were there to work x amount of reports. So if they must treat you as if you had been continuously employed then they would need to pay your vacation correct?



(B) entitled to such other rights and benefits not determined by seniority as are generally provided by the employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established while such person performs such service.

Then it says this so I am guessing the determination is if vacation is determined by seniority or not? Does UPS even give a non military leave of absense?

Yes the amount of vacation is determined by senority mean that if you had 9 year of service and you took military leave and came back a year or two later you now would have 10 or 11 years of service. Thus given you another week of vacation that youcould take if you earned it by working the minimum number of hours.

www.esgr.org/Site/Resources/T...4/Default.aspx

 

[av8torntn]

Employees on FMLA still accrue vacation, so there's your non-military leave of absence of simliar length.

That would probably be the biggest help to him.

Hollywood

Do you know anyone in your building that has taken FMLA? You could ask them if they got a vacation.

 

[av8torntn]

Yes the amount of vacation is determined by senority mean that if you had 9 year of service and you took military leave and came back a year or two later you now would have 10 or 11 years of service. Thus given you another week of vacation that youcould take if you earned it by working the minimum number of hours.

www.esgr.org/Site/Resources/T...4/Default.aspx

So if vacation is determined by seniorty they are required by law to give him vacation. If not then he needs to find someone that has taken a non military leave that has been paid vacation to recieve it.

http://www.dol.gov/vets/usc/vpl/usc38.htm

 

[Why?]

Employees on FMLA still accrue vacation, so there's your non-military leave of absence of simliar length.
We had one center manager threatened with arrest by a Lt. Col. (which they can do apparently) for violating USERRA. Not only was the employee in question awarded all his back vacation, every other military employee in the building was similarly recompensated. One driver recieved close to $60k.

1. Which non-seniority rights and benefits is the employee entitled to during a period of service?
   The non-seniority rights and benefits to which an employee is entitled during a period of service are those that the employer provides to similarly situated employees by an employment contract, agreement, policy, practice, or plan in effect at the employee’s workplace. These rights and benefits include those in effect at the beginning of the employee’s employment and those established after employment began.
   
   They also include those rights and benefits that become effective during the employee’s period of service and that are provided to similarly situated employees on furlough or leave of absence. If the non-seniority benefits to which employees on furlough or leave of absence are entitled vary according to the type of leave, the employee must be given the most favorable treatment accorded to any comparable form of leave when he or she performs service in the uniformed services. As a general matter, accrual of vacation leave is considered to be a non-seniority benefit that must be provided by an employer to an employee on a military leave of absence only if the employer provides that benefit to similarly situated employees on comparable leaves of absence.

http://www.esgr.org/Site/Resources/EmployerResourceGuide/tabid/106/Default.aspx

I wouldn't bother with a grievance in this case, I would file a direct DOL complaint and also contact his military liaison.

Unless administered differently in your area, Vacation time does not ACCRUE during FMLA, disability, etc so would not accrue during a military leave. The company will pay all time already accrued (employee may reserve one week, at their discretion) but the employee does not ACCRUE time while they are on the leave. There can be some confusion in this area. Just because the employee was paid vacation time while they were off does not mean they ACCRUE additional reports (outside of the days they were paid ) while they are on leave.

The company is not obligated to allow an employee to accrue vacation while off on military unless they allow it for other types of leave (FMLA, Disability, etc). They can allow it out of the kindness of their hearts but the guidelines don't require it. Not maintaining I'm the expert. Just the way I've understood it.

 

[tieguy]

Sounds like a great legal debate. If he has already lost this case at the panel then where is he going with it.

 

[hypocrisy]

Unless administered differently in your area, Vacation time does not ACCRUE during FMLA, disability, etc so would not accrue during a military leave. The company will pay all time already accrued (employee may reserve one week, at their discretion) but the employee does not ACCRUE time while they are on the leave. There can be some confusion in this area. Just because the employee was paid vacation time while they were off does not mean they ACCRUE additional reports (outside of the days they were paid ) while they are on leave.

The company is not obligated to allow an employee to accrue vacation while off on military unless they allow it for other types of leave (FMLA, Disability, etc). They can allow it out of the kindness of their hearts but the guidelines don't require it. Not maintaining I'm the expert. Just the way I've understood it.

You are only entitled to 12 weeks of FMLA leave (and AV8 you can't swing a stick without hitting someone who has taken FMLA leave in my district); therefore vacation will accrue. For example, lets say that I used all of my vacation in 2009 (so bank at zero, with 5 option days replenishing Jan 1). My adjusted seniority date is June 1st so that is when my vacation bank will replenish with 6 weeks vacation. I take 12 weeks FMLA leave between Jan 1 and June 1, and the company pays me 5 option days for the first 5 days of leave. Come June 1st my bank will replenish with the full 6 weeks of vacation, not a prorated amount for the missing 12 weeks.

UPS would like you to think that everything they do is out of the kindness of their hearts, but the reality is usually they are being made to do it.

 

[tieguy]

no one made them pay the troops when they served overseas.

 

[JHOLLYWOOD]

I was just looking over all the posts and would like to say thanks for all the support. I returned back and was told by payroll that the Lawyer at Corp. said UPS did not have to pay vacations for military personnel. I did not question the answer that I received. I went on with my job until I was informed by another member of the service that he received pay for his leave. I talked with another member which confirmed that he also was paid. I did not understand why some got paid and some did not get paid, so I filed a grievance because the ESGR informed me to work it out with company before bring it to them. It was heard at the panel and all was told to me is that UPS found out they did not have to pay vacation accrual to military members, so in 2006 they quit. (like crowbar said UPS would like you to think that everything they do is out of the kindness of their hearts, but the reality is usually they are being made to do it). I talked with my ESGR lawyer and basically said that UPS can change policies at anytime and I did not have a case unless someone was paid after 2006 or other leave is paid. I keep going back to the phase that was told to all serve members "it's as if you never left" but I am finding out that basically we who serve are treated like third rate citizen. Thank GOD for the people who serve

 

[av8torntn]

You are only entitled to 12 weeks of FMLA leave (and AV8 you can't swing a stick without hitting someone who has taken FMLA leave in my district); therefore vacation will accrue..

I just do not know anyone who has but I think that is a good idea to find someone at his building that got paid vacation and had taken FMLA.

 

[hypocrisy]

no one made them pay the troops when they served overseas.

And of course UPS didn't take that nice tax deduction...