Unauthorized leave of absence

Discussion in 'UPS Union Issues' started by mmmkultra, Aug 19, 2019.

  1. Genji

    Genji New Member

    Hey guys I’ve been really sick and have called in every day to let mngmt know I won’t be in. They sent me a letter supposedly saying I have an unauthorized leave of absence and that I need to return to work or provide a doctors note. I talked to my sup and center manager about this over the phone and he/they told I need to have a doctors note when I come back. So I have one.. I was just notified 2 days ago that they fired me because apparently they also sent a termination letter to me but I didn’t not get the mail for any of them or even know about them. It’s been ten days since then and I didn’t file a grievance. But they also before the ten days were up already paid me out for vacation and sick time like I was already of the books with HR before the 10 day grievance window ended. I don’t even have a warning letter on file yet. Can they send me a termination letter and have it stick if this is the case?? I always thought it was progressive discipline. Or am I screwed and totally fired??? Do they have to hand the term letter to me in person?? Or can they just send it in the mail and not say anything to me at all in hopes that I don’t see it and they can fire me instantly???
     
  2. MyTripisCut

    MyTripisCut Dumpster, INABAG

    How many days did you miss?
     
  3. Genji

    Genji New Member

    Over two weeks. But I have a doctors note confirming the dates from the start.
    I’m concerned and have been up all night trying to figure this out. I’m going in tomorrow but I feel they’re just gonna walk me out and that’s that. Shop steward is gonna help me out in the morning. But I don’t think I have a chance. I thought article 17 would help because I’ve been told they have to follow progressive discipline but I didn’t respond to the termination letter because I didn’t see that certified mail had come. And they did not tell me on the phone about the termination letter when I was calling in every morning.
     
  4. MyTripisCut

    MyTripisCut Dumpster, INABAG

    Two weeks? Did you contract the West Nile River Squirts or what? Tell us everything, then we can help you.
     
  5. Genji

    Genji New Member

    I have a medical condition. That’s really all I want to divulge. Just looking for answers and knowledgeable people that can help. If you know something I don’t please let me know.
     
  6. You're gone, it's too late now.
     
  7. Boywondr

    Boywondr Newbie Doo

    It's been "10 days since then" (they allegedly sent the termination letter) when? Go file your grievance, call your disability people to get disability and fmla during that period if you've been there long enough and the fmla will also need X amount of hours of employment this year.
    File your grievance anyway. Your local union or applicable supplement and rider will have more info to apply to this issue but if you called in every day the company shouldve told you what you had to do and helped you with the contact info if you are a seniority employee.
     
  8. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    You need to file a grievance ASAP.

    They probably sent you an Article 16 sec 2 letter.


    "Failure to comply with this provision shall result in the complete loss of seniority rights for the employees involved. Inability to work because of proven sickness or injury shall not result in the loss of seniority rights."


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


    This is Master language.... so Article 17 (supplemental) doesn't apply.

    As long as you have medical documentation, you're good to go.



    -Bug-


     
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  9. Even after they payed out all if his entitlements?


    Something doesn't add up here.
     
  10. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    That is strange.

    In most cases on a 16/2 letter, it will give a date that you must provide

    the documentation by..... after that.... they take a "position" of discharge.


    The most common excuse you hear is "I didn't receive any letter".

    But, they either send the letter(s) certified mail or by UPS so they have a

    paper trail and proof. As long as he files a timely grievance, he should be OK.
     
  11. And these people need to learn that if you have an issue talk to HR your steward and your sup.
     
  12. Genji

    Genji New Member

    I was told by my shop steward who actually called me Friday night to let me know he just found out because he asked why my name wasn’t on the board in the center that they sent me a termination letter apparently on 8/6 but Friday was 8/16... by the time I knew it was 10 days past.
     
  13. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    Still file a grievance.... like today.

    No excuses.


    "Discharge or suspension must be by proper written notice to the employee as per current practice. The proper written notice will also be given to the Local Union and may be transmitted electronically. Any employee may request an investigation of his/her dis- charge or suspension."


    https://teamster.org/sites/default/files/ups18centralregionsupp.pdf


    At least in my Local....

    Stewards also get a copy of all warning and discharge letters.
     
  14. Genji

    Genji New Member

    Yeah I plan on filing a grievance today after(if I’m not walked out immediately)I meet with my on road. If they work me today I’ll have a friend come drop it off at the union office and if I don’t work I’ll drop it off myself. It’s interesting that you say that stewards get copies because I don’t think he was given one at all. And if he was idk why he would have waited to tell me.. in my local it’s up to the employee to receive and file grievances so I wonder if that’s different where you are.
     
  15. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    Let everyone know.... what happens.

    Inexperienced members, could benefit from your situation.
     
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  16. UnconTROLLed

    UnconTROLLed perfection

    No, they should be okay. That discharge would never stick if they have medical documentation from a Dr. as well as (hopefully) approved FMLA. you need 30 days notice for FMLA leave but some circumstances don't allow.
     
  17. clean hairy

    clean hairy Well-Known Member

    @Big union guy
    10 working days, or 10 calander days?
     
  18. Boywondr

    Boywondr Newbie Doo

    The company has got issues. If you talked with them every day and they didn't direct you to call hrsc then it's on them if you are a seniority employee. Too many holes in the story.
     
  19. Boywondr

    Boywondr Newbie Doo

    If the OP has enough hours this year for fmla to be a viable option that is.
     
  20. UnconTROLLed

    UnconTROLLed perfection

    Either way, a medical note should suffice. But every situation is different. We have supplemental language here on the issue, so YMMV