Home
Forums
New posts
Search forums
What's new
New posts
Latest activity
Members
Current visitors
Log in
Register
What's new
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Install the app
Install
Home
Forums
Brown Cafe UPS Forum
UPS Union Issues
Military vacation accural
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="hypocrisy" data-source="post: 761427" data-attributes="member: 9500"><p>Employees on FMLA still accrue vacation, so there's your non-military leave of absence of simliar length. </p><p>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. </p><p> </p><ol> <li data-xf-list-type="ol"><strong>Which non-seniority rights and benefits is the employee entitled to during a period of service?<br /> </strong>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.<br /> <br /> 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.</li> </ol><p><a href="http://www.esgr.org/Site/Resources/EmployerResourceGuide/tabid/106/Default.aspx" target="_blank">http://www.esgr.org/Site/Resources/EmployerResourceGuide/tabid/106/Default.aspx</a></p><p> </p><p>I wouldn't bother with a grievance in this case, I would file a direct DOL complaint and also contact his military liaison.</p></blockquote><p></p>
[QUOTE="hypocrisy, post: 761427, member: 9500"] 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. [LIST=1] [*][B]Which non-seniority rights and benefits is the employee entitled to during a period of service? [/B]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. [/LIST][URL]http://www.esgr.org/Site/Resources/EmployerResourceGuide/tabid/106/Default.aspx[/URL] I wouldn't bother with a grievance in this case, I would file a direct DOL complaint and also contact his military liaison. [/QUOTE]
Insert quotes…
Verification
Post reply
Home
Forums
Brown Cafe UPS Forum
UPS Union Issues
Military vacation accural
Top