Abandonment letter while on fmla.

Discussion in 'UPS Union Issues' started by deathon22, Jul 12, 2011.

  1. deathon22

    deathon22 New Member

    Received an abandonment letter while on fmla. Gave HR fmla paperwork on first day of not going in, and had surgery latter that day.

    How should I handle it?
     
  2. gorilla75jdw

    gorilla75jdw Active Member

    call your Local union , talk to your business agent , call your manager at work , get a lawyer .
     
  3. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Hindsight is 20/20 but it sounds to me as though you waited too long to submit the paperwork and then did not follow up with your mgt team after the surgery. You just don't walk in and have surgery--surgeries, other than emergency, are scheduled in advance. FMLA is automatic but there are still procedures in place that must be followed and it sounds as though you did not follow them. You also did not keep in touch with your mgt team after the surgery.

    Your first phone call should be to the union. They should be able to get your job back for you.
     
  4. raceanoncr

    raceanoncr Well-Known Member

    There is no "waiting period" for FMLA. Yes, it's true, you should have done this sooner because it appears that, even though you turned your FMLA paperwork into HR, that doesn't mean your center got the message. Ever been faced with that before? We all have. I'm betting your papers are still in HR. And FMLA is NOT automatic. You MUST be approved.

    Another thing. Is it approved by your caregiver? That is, just because YOU filled out YOUR part doesn't mean you're approved. Just asking here. Is your paperwork in order and was it approved?

    And, yes, talk to your mngrs. Let them know what's going on. As uncaring and harsh or as the best people-person in the world, you KNOW this company is notorious for not passing on the CORRECT information that is vital for YOUR job or YOUR life! You got the abandonment notice. Did you call the person responsible immediately and try to remedy the situation? Did you immediately contact your steward or BA? If not, do so now. You might be surprised at the response.
     
  5. cachsux

    cachsux Wah

    If this was not an emergency you should have filed for FMLA as soon as you knew you needed the procedure. UPS would have had time to make a decision, most likely in your favor, and you would have been eligible to take the time you need. YOU are the one who did not follow procedure in this case.
    That being said, you should be able to contact the union and hr and plead your case. FMLA can be retroactive in an emergency situation or if time must be taken while the application is under review for approval. Hope for the best.
     
  6. brownman15

    brownman15 New Member

    +1
     
  7. Dizzee

    Dizzee ɹǝqɯǝɯ ɹoıuǝs

    Also, you have to follow all the regular rules for calling off work while on FMLA. Did you call off, or just not show up for work that day?
     
  8. dillweed

    dillweed Well-Known Member

    If you were having surgery short-term disability should have kicked in before you even needed the fmla protection.

    I just found out that in my state you must have worked a whole year at your job before fmla is even available. My husband is to have surgery and has only been on the job six months. No fmla for him and he only gets four weeks of short therm disability. Then he uses up his week vacation and after that can be terminated. great

    Hope your surgery went well and that the union can get this straightened up for you. If they can, then call UPS benefits rep and find out exactly what they want you to do. Don't trust your center manager to know those rules, they have enough hassle running their buildings.
     
  9. chuchu

    chuchu Guest

    Did you wait for the company to approve your fmla? They handle fmla differently in our center but you must have worked the appropriate hours to receive fmla. Talk to your Wage and Hour Office in your state and I am sure you filed on the letter, right? Also, did you call in to the center anytime in the first 3 days (hopefully by start time on the third day) and have a phone record to prove it? Then you are "out of service", called in.
     
  10. toonertoo

    toonertoo Most Awesome Dog Staff Member

    sometimes these things happen, and you dont have time to call in....you have three days before its a problem, by then you have a doctors excuse for sure, I see no problem here, except getting hold of the correct person which could take years, Get on upsers, or get someone to do it for you get numbers and start calling. dont depend on your center people, that is like peeing in the wind.
     
  11. raceanoncr

    raceanoncr Well-Known Member

    Once again, more than a week since the original post...the OP vaporizes! Gone! Must have been important.