Family and Medical Leave Act

Discussion in 'UPS Discussions' started by dave_socal, Nov 22, 2006.

  1. dave_socal

    dave_socal PACKAGE/FEEDER

    My wife and I recently welcomed a new child into our family and I am now on FMLA. I've had some other coworkers also go out on FMLA for various reasons, in comparing how HR dept treated us and informed us about our rights and proper protocol in collecting accrued vaction time etc I've come across some misinformation. I was curious to know if any other UPSers have had any interesting things said to them about this type of leave. In the CA. we can apply for benefits from the state up 60% of our wages or 840$ for 6 weeks. I want to know what goes on in other parts of the U.S. thanks
     
  2. over9five

    over9five Moderator Staff Member

    You're coming back Monday for peak, right?
     
  3. trickpony1

    trickpony1 Well-Known Member

    It's my understanding that you have to use all but one week of your vacation time up, then you can call telling your supe that you will be using a FMLA day occasionally.
    I have also heard the company has threatened some people with termination if they don't go on FMLA and use up all but one week of their vacation time. I found this interesting as the union steward has told me the company can't force you on FMLA.
    I guess I've never heard of receiving benefits from the state unless this is something the company "forgot" to tell us.:confused:1
     
  4. SmithBarney

    SmithBarney Well-Known Member

    FROM the upsers site:
    If you can't find it, click on my LIFE and Career, then click in the left column on time away from work...

    "The Family and Medical Leave Act
    The Family and Medical Leave Act (FMLA) provides you with up to 12 weeks of unpaid job-protected leave.
    The following reasons qualify an employee for leave under FMLA provisions:

    1. A serious illness or injury that prevents the employee from performing his/her job.
    2. The care of an employee’s spouse, child or parent who has a serious health condition.
    3. The birth or adoption of a child, or placement of a foster-care child.

    If a health care provider certifies that medical care can best be accommodated through an intermittent or reduced leave schedule, UPS will provide such leave. Leave taken for the birth, adoption or placement of a foster-care child must be taken within 12 months of the date of birth or placement. Any paid leave time that has accrued, such as vacations, or discretionary days, will be substituted for unpaid leave. However, one week of vacation may be set aside to be taken separately from family / medical leave. Accrued vacation time will be applied to the leave. If an employee wants to be advanced unaccrued vacation time it must be requested in writing.

    Unpaid time off is not calculated towards the following year’s paid vacation.

    Eligibility
    Eligible employees must have worked for UPS for at least 12 months and for 1,250 hours in the 12 months preceding the leave.

    Additionally, any UPS employee not eligible for FMLA leave according to the requirements listed above but who has worked for UPS for a minimum of 36 months and for 625 hours during the past 12 months is eligible for up to six weeks of unpaid leave.

    Medical Certification
    Employees requesting leave under the FMLA for the purpose of caring for a sick family member or for the employee’s own serious health condition must provide medical certification. UPS retains the right to require periodic recertification of the need for leave and to obtain additional medical opinions, if necessary.

    Job, Benefit and Wage Protection
    Under the FMLA, you will be returned to the same or equivalent job with equivalent pay and benefits upon completion of your leave. UPS will maintain your current level of health care for the duration of your leave provided you continue to pay your share of the cost of this coverage (where applicable). You will receive a direct bill and payments will be due monthly.

    If you do not return to work at the completion of your leave, you may be required to reimburse the company for expenses the company has incurred for the maintenance of your benefits during the leave period.

    Returning to Work
    In some cases of personal injury or illness, you may be required to provide a fitness-for-duty certification before returning to work.

    An employee who fraudulently obtains FMLA leave is not protected under the reinstatement provisions of the Act."
     
  5. upsmanjohn42

    upsmanjohn42 New Member

    Dave i took that FMLA last year when my wife had our second child it was great had 2 1/2 months off in the summer with fmla and vacation combined it did take about 3-4 weeks for the first check to arrive congratulations and enjoy your time off i will be doing it again next year as my wife is pregnant again .
     
  6. mattwtrs

    mattwtrs Retired Senior Member

    I know there are people that need FLMA but taking extended periods of time for the normal birth of a child just is not right for the father that didn't give birth. We have a couple of FLMA queens that make days off for other people a struggle. These queens also have problems staying at work too, there's an emergency at school that the husband or other care giver can't take care of so guess who pays the price, everyone else in the loop! I guess I've ranted enough and should be happy for what I have
     
  7. Just Lurking

    Just Lurking Member

    Remember that your local management team does not need to know or get to approve FMLA. Only HR and you need to know details due to privacy laws.

    Also, you can take it by the hour or day. You will use a week of vacation once you are off 40 hours.

    Plus you only have to notify management in reasonable amount of time from when you know that you will not be present. If an hour is all you have for an emergency is just has acceptable as a weeks notice for appointment.
     
  8. disneyworld

    disneyworld Active Member

    Do you still get holiday pay when you're out on FMLA or disability?
     
  9. toonertoo

    toonertoo Most Awesome Dog Staff Member

    That is exactly how I have seen it, and
    Dave Socal enjoy your newborn, and
    Mattwrs
    "I know there are people that need FLMA but taking extended periods of time for the normal birth of a child just is not right for the father that didn't give birth. We have a couple of FLMA queens that make days off for other people a struggle. These queens also have problems staying at work too, there's an emergency at school that the husband or other care giver can't take care of so guess who pays the price, everyone else in the loop! I guess I've ranted enough and should be happy for what I have"

    Do You have a family, or a child? If so you'll be happy for FMLA. If not then it sucks to be the one that gets alll the work. But be glad you can help a fellow worker, male or female. Family is important. I took all my vaca one year when my Dad had open heart surgery. I never used the FMLA, but if I need it, Im glad its there.
     
  10. mrsjoe

    mrsjoe New Member

    How does UPS calculate the 12 month period for fmla . is it the calendar year, the 12 months from when you were approved, Jan- to jan. the ups fiscal year.
    I had 1 week used in june 2006 for a family illness and then went on disabilty for maternity leave, i came back in january 2007 and needed to use the rest of my 11 weeks left. HR told me that last years fmla leave was no longer valid. and because I had been on disabilty I didn't qualify for any fmla leave now. the 625 for 6 weeks hadn't been met. The same family illness, cancer, is still the reason for my leave. HR is wanting to call it two separate occurrcences but its the same family member with the same illness. I still have 11 weeks from june 2006. Am I getting screwed? They have to tell the DOL how they determine thier 12 months, but wont tell me.
     
  11. Channahon

    Channahon New Member