Assuming you took military leave (USERRA) you are entitled whatever your seniority would have qualified you for had you remained at UPS. Including bid jobs, temporary cover driver (if you have that there) and feeders. It doesn’t matter if they’ve already filled the position. You don’t have to wait for a new opening.
I’m confused.
You can’t just take someone’s active job. He’d essentially be first in line on day 1 when he arrives back for brand new openings. If 23 others signed up to drive on the same day as him, he’d have the 6 years seniority to cut the line.
Now bid lists for other positions (not drivers), he may be able to also cut the line with his active seniority.
Signing the paper sheet to drive is vastly different than other job bid lists. The day you turn in that sheet to drive is basically your seniority (as long as you make it through all the tests and classes).
As far as I know, treat it like fmla. You’ve retained seniority for vacations and new active bid lists, nothing else.
Someone brand new waiting to drive, who signed the bid list in March 2020, should not lose seniority to a person wanting to drive in July who has more ‘company seniority’. Both get called to class in August. There’s truly only one opening. You’re saying the vet has priority? He signed his intent to drive 4 months later