Marking off for a Non compensated Bereavement

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Brothers & Sisters:

The collective bargaining agreement (CBA) only provides compensation for brother, sister, parent, child, spouse or spouse’s parent. Crew management center (CMC) has new instructions in place when the employee calls to mark off bereavement for anyone outside the scope of the aforementioned family members the CBA provides compensation for.

CMC has been instructed to mark the employee off WITH Permission attaching remarks in work history it’s for a death. They are also instructed to give a 72 hours automatic mark up. Callers haven’t been notifying the employee there is a 72 hours auto mark up and have been marking the employee off with out permission.

·         If the caller marks you off without permission inform them they should have instructions from the chief caller that you should be off with permission. If the caller will not mark you off with permission call me ASAP and I will handle it.

·         If you need more than 72 hours off you will need to call the caller back before the expiration of 72 hours and inform CMC you need more time. If the caller will not extend the mark off call me ASAP and I will handle it.

·         You will still be marked off code (L) or bereavement for all family members named in the CBA.

·         I have copied and pasted the engineers and trainmen portion of the CBA for your everyone to familiarize with

Engineers:

Section 6 – BEREAVEMENT LEAVE

Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee’s brother, sister, parent, child, spouse or spouse’s parent. In such cases a minimum basic day’s pay at the rate of the last service rendered will be allowed for the number of working  days lost during bereavement leave. Employees involved will make provision for taking leave with their supervising officials in the usual manner.

Agreed-Upon Questions and Answers

Q-1:   How are the three calendar days to be determined?

A-1:   An employee will have the following options in hen to take bereavement leave:

a)    three consecutive calendar days, commencing with the day of death, when the death occurs prior to the time an employee is scheduled to report for duty;

b)    three consecutive calendar days, ending the day of the funeral service; or

c)    three consecutive calendar days, ending the day following the funeral service.

Q-2: Does the three (3) calendar days allowance pertain to each separate instance, or do the three (3) calendar days refer to a total of all instances?

A-2:  Three days for each separate death; however, there is no pyramiding where a second death occurs within the three-day period covered by the first death.

Example: Employee has a work week of Monday to Friday – off-days of Saturday and Sunday.  His mother dies on Monday and his father dies on Tuesday. At a maximum, the employee would be eligible for bereavement leave on Tuesday, Wednesday, Thursday and Friday.

Q-3: An employee working from an extra board is granted bereavement leave on Wednesday, Thursday and Friday. Had he not taken bereavement leave he would have been available on the extra board, but would not have performed service on one of the days on which leave was taken. Is he eligible for two days or three days of bereavement pay?

A-3:   A maximum of two days.

Q-4: Will a day on which a basic day’s pay is allowed account bereavement leave serve as a qualifying day for holiday pay purposes?

A-4: No; however, the parties are in accord that bereavement leave non-availability should be considered the same as vacation non-availability and that the first work day preceding or following the employee’s bereavement leave, as the case may be, should be considered as the qualifying day for holiday purposes.

Q-5: Would an employee be entitled to bereavement leave in connection with the death of a half-brother or half-sister, stepbrother or stepsister, stepparents or stepchildren?

A-5: Yes as to half-brother or half-sister, no as to stepbrother or stepsister, stepparents or stepchildren. However, the article is applicable to a family relationship covered by the regulation through the legal adoption process.

Q-6: Would bereavement leave be applicable during an employee’s vacation period?

A-6:   No.

Q-7: An employee qualifies for holiday pay on a holiday which occurs on a day the employee also qualifies for bereavement leave pay. Under these circumstances, is the employee entitled to be paid both the holiday and bereavement leave allowance?

A-7: No. The employee would be entitled to only one basic day’s pay.

Q-8:  An employee in pool freight service is granted bereavement leave on Wednesday, Thursday, and Friday. He was paid under the bereavement leave article for Wednesday and Thursday; however, his claim for Friday, a day on which the crew of which he was a member was at  the  away-from-home  terminal  and  received  an authorized return deadhead trip for which they were allowed 141 miles, was denied. Is he entitled to pay under the bereavement leave article for Friday?

A-8: Yes, inasmuch as the deadhead trip was authorized and represents time lost on a separate qualifying calendar day.

Trainmen:

Section 5

Bereavement leave, not in excess of three calendar days, following the date of death will be allowed in case of death of an employee’s brother, sister, parent, child, spouse or spouse’s parent. In such cases a minimum basic day’s pay at the rate of the last service rendered will be allowed for the number of working days lost during bereavement leave. Employees involved will make provision for taking leave with their supervising officials in the usual manner.

Q- 1:    How are the three calendar days to be determined?

d)    1:   An employee will have the following options in deciding when to take bereavement leave:

•                three consecutive calendar days, commencing with the day of death, when the death occurs prior to the time an employee is scheduled to report for duty;

•                three consecutive calendar days, ending the day of the funeral service; or

•                three consecutive calendar days, ending the day following the funeral service.

Q-2:   Does the three (3) calendar days allowance pertain to each separate instance, or do the three (3) calendar days refer to a total of all instances?

A-2:   Three days for each separate death; however, there is no pyramiding where a second death occurs within the three-day period covered by the first death.

Example: Employee has a work week of Monday to Friday – off-days of Saturday and Sunday. His mother dies on Monday and his father dies on Tuesday. At a maximum, the employee would be eligible for bereavement leave on Tuesday, Wednesday, Thursday and Friday.

Q-3: An employee working from an extra board is granted bereavement leave on Wednesday, Thursday and Friday. Had he not taken bereavement leave he would have been available on the extra board, but would not have performed service on one of the days on which leave was taken. Is he eligible for two days or three days of bereavement pay?

A-3: A maximum of two days.

Q-4: Will a day on which a basic day’s pay is allowed account bereavement leave serve as a qualifying day for holiday pay purposes?

A-4: No; however, the parties are in accord that bereavement leave non-availability should be considered the same as vacation non-availability and that the first work day preceding or following the employee’s bereavement leave, as the case may be, should be considered as the qualifying day for holiday purposes.

Q-5: Would an employee be entitled to bereavement leave in connection with the death of a half-brother or half-sister, stepbrother or stepsister, stepparents or stepchildren?

A-5: Yes as to half-brother or half-sister, no as to stepbrother or stepsister, stepparents or stepchildren. However, the rule is applicable to a family relationship covered by the rule through the legal adoption process.

Q-6: Would bereavement leave be applicable during an employee’s vacation period?

A-6: No.

Q-7: An employee qualifies for holiday pay on a holiday which occurs on a day the employee also qualifies for bereavement leave pay. Under these circumstances, is the employee entitled to be paid both the holiday and bereavement leave allowance?

A-7: No. The employee would be entitled to only one basic day’s pay.

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