Under USERRA does an employee continue to accrue vacation and sick time while that person is not working due to their military duties? The CBA does not address this issue. Can you point me to some authority on this issue?
Thank you in advance for your help.
Look on the DOL Web site and enter USERRA in the search. I can't tell you exactly where, but somewhere in all of that information it verifies that continued accrual of vacation days is not required. However, this is still confusing to me.
Let's say the company has a policy of providing two weeks of vacation to employees every January 1. Let's say the employee leaves in mid 2003 and doesn't return until mid 2005. I have no problem with not giving the employee any accrued vacation for 2004 but what about 2005? Just because the employee wasn't there on January 1, does that mean no vacation for 2005 for the rest of the year after his/her return? Since the employee is basically to be made whole upon their return and the absence for military duty is to be counted as employment with the employer for seniority, I'm not sure this works.
Anyway, when in doubt, contact your local DOL VETS office for assistance.
Let's say the company has a policy of providing two weeks of vacation to employees every January 1. Let's say the employee leaves in mid 2003 and doesn't return until mid 2005. I have no problem with not giving the employee any accrued vacation for 2004 but what about 2005? Just because the employee wasn't there on January 1, does that mean no vacation for 2005 for the rest of the year after his/her return? Since the employee is basically to be made whole upon their return and the absence for military duty is to be counted as employment with the employer for seniority, I'm not sure this works.
Anyway, when in doubt, contact your local DOL VETS office for assistance.
I recently read..(although I cannot recall where)..
that vacation accrual was not required under USERRA
unless the employer granted vacation to other
employees on leaves of absence. I'll try to find
the cite.
that vacation accrual was not required under USERRA
unless the employer granted vacation to other
employees on leaves of absence. I'll try to find
the cite.
QUOTE (mal @ Dec 4 2003, 12:40 PM) 
I recently read..(although I cannot recall where)..
that vacation accrual was not required under USERRA
unless the employer granted vacation to other
employees on leaves of absence. I'll try to find
the cite.
that vacation accrual was not required under USERRA
unless the employer granted vacation to other
employees on leaves of absence. I'll try to find
the cite.
Woodall v United Airlines -- if other employees accrue vacation during leaves of absence (jury, sick, disability, family, union business, etc) of similiar length, then employees on military leave must accrue vacation. Check the Reserve Officers Association's Law Review section of the website. It is written by the attorney who co-wrote the USERRA legislation.
QUOTE (nyelectric @ Nov 17 2008, 02:23 AM)
QUOTE (mal @ Dec 4 2003, 12:40 PM)
I recently read..(although I cannot recall where)..
that vacation accrual was not required under USERRA
unless the employer granted vacation to other
employees on leaves of absence. I'll try to find
the cite.
that vacation accrual was not required under USERRA
unless the employer granted vacation to other
employees on leaves of absence. I'll try to find
the cite.
Woodall v American Airlines -- if other employees accrue vacation during leaves of absence (jury, sick, disability, family, union business, etc) of similiar length, then employees on military leave must accrue vacation. Check the Reserve Officers Association's Law Review section of the website. It is written by the attorney who co-wrote the USERRA legislation.
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