iflysideways

When I walked out the door to go home on my last day of work before furlough I was 100% positive that I would be back to work at that legacy after a short furlough. Therefore, I left behind about 8 months of sick time to use when I returned. Had I known that I would never go back to that legacy carrier and that I would be flying for UPS until I retire (at least that's what Larry Parker said during the welcome speech. Third time I'd heard it in my unlucky career) I would have taken a nice 8 month vacation paid at guarantee.

My point, use up your sick time. If you get furloughed, I'm sure you are 100% sure you'll be back. But you may not.

CactusCrew

And it is something that is not adressed at all in the furlough section of the contract.

Therefore ... do as you see fit. They could keep it. They could dump it. You could use it.

There is absolutely no contract language about vacation and sick time payouts that I could find ...

If someone has a reference, let's hear it !

bifff15

All players beware. UAL took 4 pilots to court and won over sh!t like this written on the internet. What you write here will be read by UPS lawyers and you could leave yourself open for a very uncomfortable attack.
Be very very cautious...

kc10/c130

That is why I have always said work your line and if you are sick, call in sick. If not don't. Let your conscience be your guide (Airline VS. Pilot, year 2015, Court document 23745 part A subpart B Optimization vBSEO 3.2.0 RC7). Geez I crack myself up.

SaltyDog

I suppose if you plan on leaving UPS, well.......
If you think UPS, like a legacy will go bankrupt, well........
For all others, especially military folks, and by precedence, think that a paycheck for accrued benefits would be on the way or dozens of USERRA complaints that the VETS office of DOL will be all over and classify as class action status with the DOJ oif it went that far.
Bifff15 is dead on, UPS is all over this internet gig. Hiya fellas.

Buck92

Salty, to clarify: are you saying those of us that are active reservists will get a sick time buyout check if furloughed? If so, how do we do that? Would we have to already be on Mil LV when furloughed? Thanks.

SaltyDog

USERRA talks about 'accrued' benefits. Lets think one application: You can move your vacation forward to cover MIL. Won't delve into pensions that are protected while on MIL and when you return A plan and B plan contributions when you return from MIL. If you are furloughed, USERRA won't allow UPS to dump/or zero out your accrued accounts of sick and vacation. You aren't being terminated. Heck, DOL views all military leave as "furlough", now am not naive to view a 'furlough' defined below with a 'furlough' from UPS since the escalator clause allows benefits to stop, not evaporate, when you would be 'furloughed' from UPS.
Here is from the DOL USERRA e laws discussion:elaws - USERRA Advisor

"If an employer allows accrual of vacation for employees who are on a comparable furlough or leave of absence, then a person of similar seniority, status and pay who is absent for uniformed service is entitled to the same benefit, because USERRA treats the individual as being on furlough or leave of absence while performing uniformed service. See 20 CFR Part 1002.150.

USERRA requires an employer to allow an individual to use earned vacation credits while absent for service, providing that usage is at the employee's request. An employer may not require the use of vacation for a service absence, unless the absence coincides with a period, such as a plant shutdown, when ALL employees are required to take vacation. See 20 CFR Part 1002.153.

Just like the Military crews were paid the signing bonus for the 2006 CBA, initially, UPS didn't believe they had to pay until they returned. However, since it was earned, like sick pay, it had a real dollar value attached and had to be paid. Think a very similiar case could be made with a USERRA complaint if UPS didn't pay.

CheyDogFlies

ding ding ding!

I don't know what some of the previous posters are hinting at here, but I am simply stating that if you're sick--call in sick.
Edit: And as your union directs, don't waive the contract.

The way the latest contract is written makes it PAINFULLY clear that the writers never believed a furlough would happen at UPS. There is nothing in there that covers what happens to your sick accrual (along with hundreds of other furlough LOA issues WHICH I BELIEVE THE UNION IS NEGOTIATING AT THIS VERY MOMENT while you think they are trying to save your job).

Sick may be gone when/if you come back. May not. IPA lawyers vs UPS lawyers. Call in sick when you are sick, rather than giving it to me and my family. It's like holding on to a gift certificate for Circuit City for that TV you really really want--oops!--can't use it any more.

Edit: There is specific vacation language: you get what was accrued when furloughed. They got that one right...

iflysideways

I do not believe UPS will ever go bankrupt. However, many for legacy carrier pilots came here not for the glamour of flying for UPS, but stability and the ability to provide for one's family. I believe we are now seeing that an air carrier does not have to go bankrupt for the company to make the job a crappy place to come to work.

Flying Dog

11.E.4. When a crewmember is furloughed, retires, or resigns, he shall
be paid the prorated vacation pay he has earned. A
crewmember on a leave of absence may utilize vacation
consistent with Article 9. A furloughed crewmember's vacation
credit will begin accruing upon his return to active service.

I could not find anything about sick time.