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<blockquote data-quote="cachsux" data-source="post: 959944" data-attributes="member: 5529"><p>This is someone in your areas idea to try and curb FMLA use. Unfortunately for this dumbas$ they have violated federal law as well as established policies both inside and outside the company.</p><p></p><p>First and foremost unless EVERY other type of call in is required to do the same, and we know they aren't before we even go any further, then this is a discriminatory practice and a violation of the law. Period.</p><p></p><p>Two. How does a FMLA recipient know 24 hours in advance of every need for its use? Impossible. FMLA users are only required to follow the very same call in procedures that other call in's use. Period. That is taken directly from UPS paperwork given to each employee when they are approved for FMLA. Even then, if an emergency need arises, one only has to inform the company AS SOON AS KNOWN OR AS POSSIBLE.</p><p></p><p>If I was in your area I would only follow the same call in procedures as before and DARE them to take disciplinary action. It not only opens the company to numerous complaints but also to lawsuits both against the company but also the individual issuing the discipline as well.</p><p></p><p>This needs to be cut off at the knees NOW. File a complaint with the DOL, EEOC, Corporate, as well as possibly having the affected FMLA users chip in and having an attorney prepare a cease and desist letter to be sent to corporate on down.</p><p></p><p><a href="http://www.dol.gov/dol/topic/benefits-leave/fmla.htm" target="_blank">U.S. Department of Labor - Find It By Topic - Leave Benefits - FMLA</a></p><p></p><p></p><p><a href="http://www.eeoc.gov/laws/practices/index.cfm" target="_blank">Prohibited Practices</a></p></blockquote><p></p>
[QUOTE="cachsux, post: 959944, member: 5529"] This is someone in your areas idea to try and curb FMLA use. Unfortunately for this dumbas$ they have violated federal law as well as established policies both inside and outside the company. First and foremost unless EVERY other type of call in is required to do the same, and we know they aren't before we even go any further, then this is a discriminatory practice and a violation of the law. Period. Two. How does a FMLA recipient know 24 hours in advance of every need for its use? Impossible. FMLA users are only required to follow the very same call in procedures that other call in's use. Period. That is taken directly from UPS paperwork given to each employee when they are approved for FMLA. Even then, if an emergency need arises, one only has to inform the company AS SOON AS KNOWN OR AS POSSIBLE. If I was in your area I would only follow the same call in procedures as before and DARE them to take disciplinary action. It not only opens the company to numerous complaints but also to lawsuits both against the company but also the individual issuing the discipline as well. This needs to be cut off at the knees NOW. File a complaint with the DOL, EEOC, Corporate, as well as possibly having the affected FMLA users chip in and having an attorney prepare a cease and desist letter to be sent to corporate on down. [URL='http://www.dol.gov/dol/topic/benefits-leave/fmla.htm']U.S. Department of Labor - Find It By Topic - Leave Benefits - FMLA[/URL] [URL='http://www.eeoc.gov/laws/practices/index.cfm']Prohibited Practices[/URL] [/QUOTE]
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