Paid Sick used when laid off FMLA
On (DATE) at (TIME), claimant attempted to lay off under approved FMLA status. The Carrier improperly utilized Paid Sick leave (PS) when Claimant requested to utilize Family Medical Leave (FMLA) time off. The Carriers improper action denied the Claimant future use of Paid Sick time. Under the provisions of Agreement for Time off for Illness and Wellness effective August 1, 2023, Claimant is not required to utilize FMLA concurrent with agreed to Paid Sick time. Inasmuch, Carrier misapplication of the agreement denied the Claimant of agreed to Paid Sick time.
AGREEMENT TEXT
AGREEMENT BETWEEN UNION PACIFIC RAILROAD AND SMART_TD (UP SYSTEM) TIME OFF FOR ILLNESS AND WELLNES - DATED JULY 31, 2023
Article III. General Provisions –
- Employees will be required to utilize paid sick leave ahead of any other unpaid layoff for sickness or sickness in family. Example: Employee A has 3 days of paid sick leave available for use. Employee A attempts to layoff sick through the Carrier’s reporting system. Employee A will be placed in paid sick leave status and their available paid sick leave will be reduced by 1 day.
- Should any applicable federal or state legislation, regulation, or Executive Order become effective granting employees access to more paid time off for sickness than provided for in this Agreement or permits the use of sick related leave for purposes other than provided for in this Agreement, the parties will meet promptly to negotiate an appropriate amendment to this Agreement.
- This Agreement is made without prejudice to any party’s position. In the event the provisions of this Agreement conflict in any manner with the provisions of existing Local, National, or collective bargaining agreement rules, the terms and conditions of this Agreement will govern.
REQUIRED DOCUMENTATION:
Timeslip showing PS day being paid out
Work History showing the layoff using FMLA
