fmla question

Discussion in 'UPS Discussions' started by pissedoffupser, Jan 24, 2014.

  1. pissedoffupser

    pissedoffupser New Member

    Has anyone used FMLA for counseling? I am trying to get off 1 day per week at 5 to get to my appointment. My center manager says he doesn't have to comply with this request saying that I have to take off the whole day. I feel that he is wrong. Does anyone have experience with this type of situation?
  2. PiedmontSteward

    PiedmontSteward RTW-4-Less

    FMLA, according to the law as-written, can be taken in increments of weeks/days/hours which means you're legally entitled to a partial day. Considering you're requesting a partial day wherein the company knows the day/time in advance each week, they should be able to compensate with an earlier start-time and/or moving stops off of you.

    I've been told in the past that the company doesn't have to comply with that in package car, but I disagree. If your center manager isn't complying, I would contact your BA and HR. I've personally witnessed HR force managers to double over backwards to comply with FMLA as UPS doesn't want to deal with the backlash of FMLA enforcement. You're not asking for the :censored2:ing world here, you just need to talk some stuff out with somebody and they need to respect that.
  3. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Is 5pm the only available appointment time?
  4. Indecisi0n

    Indecisi0n Well-Known Member

    You could try calling, wait for it, wait for it, the FMLA number ! *Cheering and clapping

    I would honestly just call FMLA and get the answer from them. Honestly don't ever listen to HR or your center manager when its comes to matters like this.
  5. Wally

    Wally Hailing from Parts Unknown.

    Your state may have their own FMLA rules as well. Check into that.
  6. 3 done 3 to go

    3 done 3 to go In control of my own destiny

    You mean they would lie to you? Oh the drama
  7. cachsux

    cachsux Wah

    He is incorrect. Apply for Intermittent FMLA and you can leave at 5 to make your appointment.
  8. cachsux

    cachsux Wah

    He said leave at 5. That implies the apt is later than that which ,for anyone who's ever had a Dr apt, means that Dr is scheduling some pretty late hours. It doesn't matter though. He can try and get the latest apt possible but if it's at Noon then UPS has to comply.
  9. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Why not try and get the earliest appointment possible? It is much easier for the PDS to move his NDA rather than try to rearrange his pickups to accommodate his appointment.
  10. cachsux

    cachsux Wah

    You are correct but based on my personal experience let me disagree with you on how to handle it.

    Maybe, maybe ,contact the HR dept. That can get the problem solved. The slam dunk on getting it solved is to contact the local DOL office and have their agent contact HR who will contact his center manager. As they say, crap rolls downhill, and by the time it gets to his center manager it will get his full undivided attention.

    And on the subject of package of package car, UPS HAS to comply regardless of position.
  11. cachsux

    cachsux Wah

    Who says he didn't? Who says the Dr isn't arranging their schedule to accommodate all their patients? What's left is after 5 to try and accommodate the UPS guy.

    The law says "make a reasonable attempt" not accommodate UPS.
  12. UPSGUY72

    UPSGUY72 Well-Known Member

    Her is a link that may be helpful...

    Your center manager some what correct... If you need to take the day off he would be wrong but since it getting out early there are big hurdles for you to have to jump through to overcome disrupting the employers operations.

    I would think most center manager's would find a way to accommodate your request. Your going to have to go to the HR person and file out paper work anyways so go and fill it out and see if it gets approved or not.
  13. cachsux

    cachsux Wah

    Also, since we are only guaranteed 8 hours in the contract, the OP can have the center dispatch him with 8 hours work so that he is back in time to make his apt and it does not count against his available hours since he fulfilled the contract.
  14. gingerkat

    gingerkat Well-Known Member

    Is this really an appropriate response to his question? If you are going to answer his post, stick to the actual question. It's none of your business why he needs his appointment at 5pm. There is also no other information given as to why he needs this time. Many factors could play into this, such as what kind of therapy, other family members involved, or even where he lives.
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  15. UPSGUY72

    UPSGUY72 Well-Known Member

    Your limited to the number of 8 hrs days you can request and then even if you request one doesn't mean your going to get it depending on if other more seniority driver request on for that day.

    I would suspect that in the end OP is going to have to take the entire day off each week.
  16. cachsux

    cachsux Wah

    Not under FMLA.
    He can say on X day I need to work an 8 and then leave. He will be allowed to work an 8 and then leave.

    If he's forced to take the entire day then a phone call to the DOL will have it solved within 72 hours.
  17. bottomups

    bottomups Bad Moon Risen'

    I had an issue with one of my neighbors and the local police highly recommended that I attend anger management before I beat the crap out of him. Applied for FMLA to be able to attend the sessions with a psychologist of my choosing. center manager had me drive 15 miles off my route in the package car once a week for a couple months and I usually took my lunch and break while in the sessions.
    Parking was easy as I simply parked outside the main doors with the 4-ways on as if I was making deliveries.
    Still want to kick the neighbors ass so I guess I learned nothing from that psychologist.
  18. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    I could care less why he needed the apt at 5pm----I was thinking of the impact it would have on the operation. Pickups and maybe even deliveries would have to be split between the other drivers in his loop.

    We start at 9:40 (9 on Mondays) which means he would be unable to use an 8 hour request. They would probably have him deliver air in the morning, shuttle misloads and perhaps sweep some larger pickups to get his hours in for the day. Moving his appt. to 8am would work well for all involved if he was in my center.
  19. cachsux

    cachsux Wah

    Then he would work 9:40 to whatever time allows him to get back to the ctr and be out at 5. Whatever the amount that is less than 8 hours is the amount that would come out of his "bank" of available FMLA time.

    Whatever the center manager has him do during that time is the center manager's problem but he cannot be denied that work time.
  20. gingerkat

    gingerkat Well-Known Member

    Dave, thank you so very much for explaining what time a driver starts his day and how it works. I've worked enough to understand start times, pickups and some of the other good stuff (and even to understand that you should take a lunch). It doesn't even matter though, this person needs something to be taken care of and that is the most important thing. His mind and health is always going to be first, not company.

    With that being said, most therapists, doctors and other professions don't give a rats :censored2: about your profession and what your hours are. This is called life. If you need a service from them, you work around their schedule.

    IMO your question was all about being a know it all. You don't always have to have to be the magic eight ball Dave. Sometimes you have good things to say, and others times, well...

    Thank you, sarcasm over.
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