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Archived News Release--Caution: information may be out of date.

U.S. DEPARTMENT OF LABOR

VETS Press Release: Chrysler Voluntarily Changes Absenteeism Policy to Allow Reservists, Guard Members to Perform Military Service [08/24/1998]

For more information call: (202) 219-5573

Chrysler Corporation has voluntarily agreed to amend its absenteeism policy to ensure that employees who are reservists and National Guard members serving on active duty or participating in required training beyond the negotiated 15 days of paid military leave are not considered to be absent from their jobs.

The change in policy came about after the U.S. Department of Labor's Veterans' Employment and Training Service (VETS) informed Chrysler that one of its employees believed he was being charged with being absent during a time when he was performing National Guard duty. VETS is the agency responsible for investigating employment and reemployment rights complaints under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

"Chrysler's prompt attention to this matter and complete cooperation with our enforcement staff shows it to be a good corporate citizen that values the contributions made by its employees who serve our nation in the reserve and National Guard," said Labor Secretary Alexis M. Herman. "I believe that educational outreach is the key to understanding this important law and ensuring voluntary compliance with it."

Louis Capriotti, a machine set-up operator at Chrysler's Kenosha, WI plant, contacted Daniel Schmitz, VETS' assistant state director in Madison, WI, and asked him to inquire why Capriotti was being charged with being absent for days when he was on duty with the Air Force National Guard's 440th Medical Airlift Wing located at General Mitchell Field in Milwaukee. When Schmitz contacted the human resource manager at the Kenosha plant, he found out the Chrysler's national collective bargaining contract allowed for 15 days of paid military leave under certain circumstances. After that, however, its computerized absenteeism tracking system recorded additional days of military service as being absent.

Schmitz informed Chrysler that these contractual provisions violated provisions of USERRA which provides that veterans, reservists, and National Guard members participating on active duty or required training, are allowed up to five years of excused absences for military service provided that, when possible, advance notice is provided to the employer and the employee returns to work in a timely manner after completion of his or her tour of duty. When informed of the conflict between provisions of its national collective bargaining agreement and the law, Chrysler, in consultation with the United Automobile Workers (UAW) Union, promptly set about to remedy Mr. Capriotti's situation and to change its computerized tracking program.

In a message to all human resource managers and union relations specialists, Chrysler said it was creating a new "non-counter absence reason code" to be used when an employee is required to perform military service of up to four days if the absence meets USERRA requirements and is covered by the paid military leave days. Employees absent for five days or more will be considered as "temporary separations, military leave of absence."

Chrysler has 20 manufacturing plants in the United States which employ more than 97,500 employees.

USERRA guarantees that veterans, reservists and members of the National Guard will not suffer disadvantages in civilian employment or be denied reemployment rights because of their military active duty or training obligations. It requires that service members returning to civilian employment after a period of active duty for training, be reemployed in their same job. Veterans returning from active duty are entitled to their old job or a similar one with the status, pay, and benefits that they would have attained had they never been absent for military service.

The law also prohibits an employer from discriminating in employment or taking any adverse employment action against a person because of their past, present, or future military obligations. The ban on discrimination is broad, extending to most areas of employment, including hiring, promotion, reemployment, termination and benefits. This provision applies to all employers, public and private, regardless of size.

VETS maintains an interactive Internet web site which answers many of the most-often asked questions about USERRA. The address is www.dol.gov/dol/vets.

Archived News Release--Caution: information may be out of date.