PS Documentation
Brothers and Sisters,
Union Pacific has taken a new position on the use of a single paid sick day. Under their new interpretation, an employee’s use of paid sick leave is in conjunction with other forms of leave if the employee observes a single paid sick day, marks up, and does not work before observing another form of paid leave. The time marked up between the paid sick day and the other form of leave does not matter, they still consider the two in conjunction.
This position is contrary to what was discussed and agreed upon at the bargaining table. We’ve been trying to resolve the issue but are now preparing to arbitrate the matter. If one of your members receives a message from UP requesting medical documentation for their use of a single paid sick day, make sure they respond to the message. If they do not, the Carrier will charge them with a violation of 1.13. Their response can be simple, but they must reply. I recommend the member discuss the message and their response with you or the office before submitting it. Additionally, please send all instances to the office so we can add it to the file.
For your reference, the agreement language is below, and the entire agreement is attached.
Article III.
D. In certain cases where an employee uses consecutive days of paid sick leave or uses paid sick leave days in conjunction with other leave, the Carrier may require employees to provide medical documentation to support the use of paid sick leave. Nothing in this Agreement is intended to change the Carrier’s existing return to work or fitness for duty processes or practices.
Q8: May I take consecutive days of paid sick leave without medical documentation?
A8: It may be necessary to take consecutive paid leave days in cases of illness. However, you may be asked to provide medical documentation to support absences exceeding two or more consecutive paid leave days or cases where paid sick leave is used in conjunction with other leave. Employees should communicate with their local managers about the need for extended absences.
Fraternally,
Luke Edington
General Chairman
SMART TD GO-953
Brothers and Sister,
As you have noticed, Union Pacific has been requiring our members to provide medical documentation when any available days exist between a single PS layoff and other leave. They are essentially counting the available time between layoffs as a bridge, linking the PS day to the other leave day. This position defies logic and the definition of “conjunction” as contained in our agreement. This dispute will most likely end up in arbitration. Please have any member affected file a basic day claim for being required to provide medical documentation for a single PS day. If you have members charged for not providing medical documentation, feel free to use this letter in the investigatory hearing.
Fraternally,
Luke Edington
General Chairperson
SMART TD GO-953