FMLA

menotyou

bella amicizia
​I have to pay the doctors office everytime they fill out forms.
I understand that. My point is the contract states nothing about this, therefore can be viewed as violating the spirit of the contract.

Wouldn't the forms you filled already still be good? Do they have an expiration date? I'd use the same damn forms. UPS can pay for any additional ones they think they need.
 
The company is right in this situation.

I have to disagree with you on this one. I know personally that as long as the absence is coded (and forgive me if I have the wrong code number. I believe it is 35) as a FMLA day then the holiday pay is due. If it was coded as a call in absence then it would be unpaid.

It all depends on which code the absence is logged as. The employee above is due his holiday pay.
 
I understand that. My point is the contract states nothing about this, therefore can be viewed as violating the spirit of the contract.

Wouldn't the forms you filled already still be good? Do they have an expiration date? I'd use the same damn forms. UPS can pay for any additional ones they think they need.

Dilli's approved forms are for 1/01 through 12/31. If they want them as proof then they should get them from UPS' HR dept were they are on file.
 

I found out some new info. 1 - It's not a 24 hr prior to. It's call when you know. Ok, so that is good but the rest IS NOT. Failure to call the automated system constitutes a no call/no show and is grounds for termination. It makes no difference if I have notified my supervisor, I HAVE to call the automated system. So I asked sup, "So then I don't have to call you anymore?". Nope. I have to call him and call the automated.

If that system
:censored2:s up and doesn't show that I called in then I am in jeopardy of losing my job over a no call/no show. That's wrong.

I called the number tonight to do whatever steps I needed to do. This is priceless ----- "I'm sorry but we are closed. Please call back between 8am and 9pm, Monday thru Fri." I called at around 7:30. This is NOT instilling a lot of confidence on my part.

I would really like to have them attempt a disciplinary act on this on my part.
 

dilligaf

IN VINO VERITAS
I understand that. My point is the contract states nothing about this, therefore can be viewed as violating the spirit of the contract.

Wouldn't the forms you filled already still be good? Do they have an expiration date? I'd use the same damn forms. UPS can pay for any additional ones they think they need.
​I dont have the forms, they were sent to PHX. NO, I didn't make a copy of them, didn't think I would need to.
 

dilligaf

IN VINO VERITAS
I have to disagree with you on this one. I know personally that as long as the absence is coded (and forgive me if I have the wrong code number. I believe it is 35) as a FMLA day then the holiday pay is due. If it was coded as a call in absence then it would be unpaid.

It all depends on which code the absence is logged as. The employee above is due his holiday pay.
​FMLA is 36
 

tardus

Well-Known Member
While we are on the subject of the company retaliating against FMLA use, I have to tell a story from my personal experience. I had intermittent FMLA approved to care for my mother. I told them a week in advance that I needed a Friday off to cover my brother who is primary care-giver of my mother. On Thursday, they asked me if I couldn't possibly work on Friday because they were short staffed. I responded that I couldn't possibly work and must take the FMLA day. I took the FMLA day and came in the following Monday and I was layed off because the supervisor said they were over staffed!!
 

brownIEman

Well-Known Member
That is a no brainer. If a single less senior employee worked on the monday, file and you will get paid. Then let your management team know you are contacting a lawyer about their violation of federal law and you would like the number of the District Risk Manager to discuss it.
If they did indeed retaliate against you for taking FMLA, they are in a word, stupid.
As I said in my post, there are people that work for me that I know for a fact are abusing FMLA, but I am no where near stupid enough to retaliate against them.
 

menotyou

bella amicizia
I can appreciate the there are idiots out that abuse the system. They are everywhere. Even in management, which was the point of one of my posts. I wasn't pointing any fingers, just stating facts. I find these people to be less than pond scum. All of them. I stand by my belief that it is discriminatory to ask some one to something different than what others have to when calling in and using differently coded days. I, also,believe it is illegal. I know if it were me they tried this crap with, someone-not mine-someone's head would roll. From here to Washington DC and back, the phone lines would be blazing. Emails would be flying. You'd have more governmental agencies with their panties in a bunch. Just sayin'
 

tardus

Well-Known Member
Funny. I've gotten people paid for this at my center.
The ironic thing is that I am in the same center and was paid for the exact same holiday, when I took off the exact same day before the same holiday for an FMLA. I submitted a letter in support of the other employee's grievance requesting to be paid for the holiday when an approved FMLA day was used before the holiday. The company is inconsistent in its FMLA policy. It is certainly a mutually agreed upon absence when the employee has a letter from UPS approving the FMLA leave. In fact, if you have any vacation days left, the company is allowed to take one vacation day and pay you for one vacation day for each FMLA day used. Could UPS honestly claim that it was not a mutually agreed upon absence if they paid you for a vacation day??
 

RedThunder

Well-Known Member
Employees must notify UPS of the anticipated timing and duration of the leave. Employees must comply with UPS’s call-in procedures and must clearly inform UPS that the requested absence is for a reason for which FMLA leave was previously taken or certified."

Seems pretty reasonable to me. In a company with thousands of employees approved, who on any one day can use intermittent FMLA, being asked to call an automated number to notify the company of an excused absence is not discriminatory or an undue burden on anyone. So, in as few words as possible, GROW UP!.

UPS sets the call-in procedure. Follow it. It would be different if they required 15 different steps and an hour long process but that's not the case here now is it. You have to pick your battles and this is just not one of them.

I would, even if not required to, call my boss and let him know as soon as possible if I was going to be out that day also. He's just a guy with a family, trying to earn a living just like me. Now in the past I've worked for some real pricks and I can't say that I haven't been as big a pain in the ass as I could be. But in the long run, It's your fellow employees who are most likely to suffer while the boss is in the office with his feet up on the desk. Especially the ones that are the biggest jerks of all.

So if you need a day take it. Call-in. It's not that hard. Tell me, would it bet discriminatory if they had you call a different number at the center and your supervisor answered that one and it was only for FMLA. So he would be sure to get the message and code it properly. Of course it wouldn't. So silly.,
 

tardus

Well-Known Member
UPS approves the FMLA applications for a calendar year, from January 1 to December 31st. You only have to apply for the FMLA with doctor's note once per calendar year. But, for example, if you apply in September, your approved FMLA will still expire on December 31st.
 

menotyou

bella amicizia
Why aren't employees who are on comp told to follow a similar procedure? The leave can be an unknown value for quite a while.
 

menotyou

bella amicizia
And, let me add this even though federal law supersedes, where in the contract is it stated that this is the procedure that the union agreed to?
 

tardus

Well-Known Member
Applying once per calendar year can actually work to the employee's advantage. That way the employee, if it is his/her desire, can use up all their vacation leave time before applying for the FLMA. For example, to maximize the number of days that I could use to help out my ill mother, I would sign up for all of my vacations/personals/sick days before June. Then I would sign up for the FMLA in June, after I had used up all of my leave time. Otherwise, UPS would take all of my leave time (other than one week that I could reserve) and apply the leave time toward the FMLA days.
 
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