fmla question

[UpstateNYUPSer(Ret)]

Maybe it's just me (it usually is) but I always try to schedule my single appointments before work or schedule a day off when I have two or more appointments.

When I first read this thread my immediate reaction was the impact having to get off work at 5pm would have on the operation.

As you have come to realize I tend to look at issues from a different perspective than most on this forum.

 

[1989]

Knew a driver in the 90's that had to be off the clock before sunset every Friday for religious reasons.

 

[BSWALKS]

Walter Sobchak?

 

[Indecisi0n]

 

[cachsux]

Maybe it's just me (it usually is) but I always try to schedule my single appointments before work or schedule a day off when I have two or more appointments.

When I first read this thread my immediate reaction was the impact having to get off work at 5pm would have on the operation.

As you have come to realize I tend to look at issues from a different perspective than most on this forum.

Attempting is fine. When the Dr say UPS-who? to a request for a more convenient time then you take what you can get.
The point I argue is the center manager saying he has to take a full day off. That's BS, a violation of the OP's rights, and violating federal law.

 

[cachsux]

Walter Sobchak?

He doesn't deliver on Shabbas!!!!

 

[UPSGUY72]

Attempting is fine. When the Dr say UPS-who? to a request for a more convenient time then you take what you can get.
The point I argue is the center manager saying he has to take a full day off. That's BS, a violation of the OP's rights, and violating federal law.[/quote


The center manager telling the OP they need to take the day instead of getting out early every week is not really a violation if you read the law as it is written.

Also the OP hasn't even filled out any paper work to start the FMLA process to be approved or denied. Until that happens the OP questions are kind of moot at this point.

 

[1989]

Just fill out the FMLA paperwork . Have the doctor fill out their portion and you fill out yours. Give it to HR. Wait for their response. Until you get an official response, you got nothing.

 

[ajblakejr]

deleted

 

[cachsux]

"The center manager telling the OP they need to take the day instead of getting out early every week is not really a violation if you read the law as it is written.

Also the OP hasn't even filled out any paper work to start the FMLA process to be approved or denied. Until that happens the OP questions are kind of moot at this point."

It is a violation to force him to use more FMLA time than needed ( and its mandatory use of the paid vacation time ) when leaving early will allow him to keep the appointment as well as meet the needs of UPS. He cannot be forced under the law to take a full day off just as he cannot be forced under the law to come in for any amount of the day if he needed a full day off. If he knows what day of the week he needs to leave at 5 it will be put on his application for FMLA and when it's approved the center manager WILL comply. The DOL will make sure of it, HR will make sure of it. The center manager has no choice but to comply.

As far as the OP asking questions before he applys for FMLA being moot, now is the PERFECT time for he to ask these questions as those of us with first hand knowledge (myself since 1994) can give him an idea of what to expect as opposed to just hearsay from those who only google the subject.

 

[UPSGUY72]

"The center manager telling the OP they need to take the day instead of getting out early every week is not really a violation if you read the law as it is written.

Also the OP hasn't even filled out any paper work to start the FMLA process to be approved or denied. Until that happens the OP questions are kind of moot at this point."

It is a violation to force him to use more FMLA time than needed ( and its mandatory use of the paid vacation time ) when leaving early will allow him to keep the appointment as well as meet the needs of UPS. He cannot be forced under the law to take a full day off just as he cannot be forced under the law to come in for any amount of the day if he needed a full day off. If he knows what day of the week he needs to leave at 5 it will be put on his application for FMLA and when it's approved the center manager WILL comply. The DOL will make sure of it, HR will make sure of it. The center manager has no choice but to comply.

As far as the OP asking questions before he applys for FMLA being moot, now is the PERFECT time for he to ask these questions as those of us with first hand knowledge (myself since 1994) can give him an idea of what to expect as opposed to just hearsay from those who only google the subject.

"When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation".

http://www.dol.gov/whd/fmla/fmla-faqs.htm

 

[UpstateNYUPSer(Ret)]

"When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation".

http://www.dol.gov/whd/fmla/fmla-faqs.htm

Gee, could Upstate have been right all along?

 

[cachsux]

"When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation".

http://www.dol.gov/whd/fmla/fmla-faqs.htm

Gee, could Upstate have been right all along?

REASONABLE effort.

The OP asks what openings are available. The DR says "9am, 12 noon, 3pm, 6pm". The OP thinks, If I choose the first 3 I'll have to miss a day of work, use a paid vacation day, and could disrupt the employers operation so I'll choose 6pm so that I can work a full day but just have to be in to leave at 5pm to make it to the appt.

That by definition is REASONABLE effort. The DOL will back his choice. The HR dept will back his choice. The center manager will arrange the OP's day to comply.

 

[UPSGUY72]

REASONABLE effort.

The OP asks what openings are available. The DR says "9am, 12 noon, 3pm, 6pm". The OP thinks, If I choose the first 3 I'll have to miss a day of work, use a paid vacation day, and could disrupt the employers operation so I'll choose 6pm so that I can work a full day but just have to be in to leave at 5pm to make it to the appt.

That by definition is REASONABLE effort. The DOL will back his choice. The HR dept will back his choice. The center manager will arrange the OP's day to comply.

Yes reasonable is a key word and since we don't work inside a building and are on the road reasonable takes on a different meaning. Then you throw in the dynamics of the route the OP is on it to the mix and reasonable could be not to reasonable.

 

[cachsux]

Yes reasonable is a key word and since we don't work inside a building and are on the road reasonable takes on a different meaning. Then you throw in the dynamics of the route the OP is on it to the mix and reasonable could be not to reasonable.

Doesn't matter if you're a janitor or an airline pilot. The law is the law.

 

[hubrat]

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.

In my opinion, it would be in one's best interest to not attend therapy and then spend hours at work. If I needed to attend counseling I would try to take a half day or even a whole one.

We have something here called a guaranteed 8. I've never used it but maybe it's available there too. From what I understand you work your eight hours and leave. If there's work left on the truck it's their fault.

 

[upscat]

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?

your center manager is free to offer his opinion but the 800 number is where you go to get your approval. Its actually an outsourced agency that is contracted to manage these issues. Your center manager and HR really have no input in todays world. Call the 800 number file your application and wait for your approval. Once you have your approval your center manager has to comply.

 

[pissedoffupser]

Thank you for all the info. I do have the paperwork in and am just waiting on approval. 6pm is the latest appointment time available, so that is what I have to take. I start at 830, so I get most of 8 hours in on these days. Thanks again for the info.

 

[cachsux]

Thank you for all the info. I do have the paperwork in and am just waiting on approval. 6pm is the latest appointment time available, so that is what I have to take. I start at 830, so I get most of 8 hours in on these days. Thanks again for the info.

When it comes to calling the HRSC line to report your FMLA use you only need to report anything UNDER 8 hours. If you worked 8 hours or more and then left there is no time used and nothing to claim.

 

[bumped]

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.

I like the early appointment times for a different reason. That way the OP knows he will be at the appointment rather than getting over dispatched.