Union leave of absence: Overview, definition, and example
What is union leave of absence?
A union leave of absence refers to a temporary period of time when an employee, typically a union member, is granted leave from their regular job duties in order to perform union-related activities. This leave is usually provided under the terms of a collective bargaining agreement (CBA) or negotiated between the employer and the union. During this leave, the employee may participate in union functions, such as attending meetings, participating in strikes, or engaging in other activities related to the union’s objectives.
Union leave is generally unpaid, but some agreements may allow the employee to maintain certain benefits or receive compensation during the leave period. The main goal is to allow union members to fulfill their roles within the union without losing their employment status or facing penalties for their absence from work.
Why is union leave of absence important?
Union leave of absence is important because it allows employees to actively participate in their union’s activities, which can include advocating for better working conditions, negotiating collective bargaining agreements, or supporting union-led initiatives. By providing this leave, employers ensure that they are adhering to labor laws and the terms of collective agreements, while also promoting a fair and supportive work environment for union members.
For employees, union leave enables them to fulfill their responsibilities within the union without the risk of losing their job. For employers, offering union leave helps maintain labor relations and can prevent conflicts or legal disputes with union representatives.
Understanding union leave of absence through an example
Imagine an employee who works for a manufacturing company and is a member of a union. The employee is elected to serve as a union representative and needs to attend a series of meetings, including contract negotiations and grievance hearings. The employee requests a union leave of absence, and the employer grants it as per the terms of the collective bargaining agreement, which allows for up to 12 weeks of union leave per year.
During this period, the employee is not expected to work at their regular job but is still considered an employee of the company. The company may continue to provide benefits like health insurance, and the employee’s position remains secure for when they return from the leave. However, the employee may not receive their regular salary unless the CBA specifies compensation during the leave.
Example of union leave of absence clause
Here’s what a union leave of absence clause might look like in a collective bargaining agreement:
“The Employer agrees to grant a leave of absence to any employee who is a duly elected or appointed union representative for the purpose of attending union meetings, conferences, or negotiating sessions. The leave of absence shall be for a maximum of [X] days per year. During this period, the employee shall retain their seniority and benefits but shall not receive wages unless otherwise specified in this Agreement.”
Conclusion
Union leave of absence is a critical provision that allows union members to participate fully in union activities without risking their employment status. By providing such leave, employers demonstrate compliance with labor agreements and foster good labor relations, while employees gain the flexibility to engage in activities that are vital to their union’s work.
For businesses, granting union leave helps maintain positive relations with unions and ensures compliance with collective bargaining terms. For employees, it ensures their rights to engage in union activities without jeopardizing their jobs or income, contributing to stronger labor relations and more effective advocacy for worker rights.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.