I need some advice guys?

Braveheart

Well-Known Member
Here is what the DOL says:

" Eligible employees may take FMLA leave on an intermittent or
reduced schedule basis when medically necessary due to the serious
health condition of a covered family member or the employee or the
serious injury or illness of a covered servicemember. See Sec.
825.202. Eligible employees may also take FMLA leave on an intermittent
or reduced schedule basis when necessary because of a qualifying
exigency. If an employee needs leave intermittently or on a reduced
leave schedule for planned medical treatment, then the employee must
make a reasonable effort to schedule the treatment so as not to disrupt
unduly the employer's operations."

I'm guessing the bold part will be the question. I would think you need to show that you made a reasonable effort to schedule treatment.

P-Man
Maybe for himself but not for an infant. An adult can move things around a little bit but when you are dealing with an infant who can not convey what is exactly wrong with them you take off ASAP and to hell with UPS and their needs.
 
Trpl:

Here is something I read:

An employer can require an employee to work with the employer to schedule intermittent leave. The FMLA places an affirmative obligation on an employee requesting intermittent leave to consult with his or her employer in an effort to work out a treatment schedule for the leave so as not to disrupt the employer's operations. Thus, if an employee can procure necessary medical treatments during non-work hours or on the employee's day off, the employee must try to do so.

This implies to me that the "work out" means before the need arises. In the case described here, this cannot be done because he doesn't know when an illness will arise.

Again, I'm out of my league, but this is why I think this is on the fringe. I would want to know my rights from an expert.

P-Man
I agree with , knowing your rights from an expert.
 

barnyard

KTM rider
Another digestive issue that can be REALLY, REALLY hard to diagnose is Celiacs. It is an allergy to wheat, but is also an auto-immune disorder that can cause a butt-load of other issues.

My youngest was diagnosed with Celiacs after a year of run-around with her regular doctor and the local hospital. She is just starting to get better, but still gets sick very easily.

Even though you say that your wife cannot ever take off, she can use the same FMLA law that you are using. My wife and I each took time off using FMLA so that neither of us missed excessive work.

The same lawyer that talks to your bosses, should also talk to her bosses.

TB
 

MechanicForBrown

Prblm found,part on order
Another digestive issue that can be REALLY, REALLY hard to diagnose is Celiacs. It is an allergy to wheat, but is also an auto-immune disorder that can cause a butt-load of other issues.

My youngest was diagnosed with Celiacs after a year of run-around with her regular doctor and the local hospital. She is just starting to get better, but still gets sick very easily.

Even though you say that your wife cannot ever take off, she can use the same FMLA law that you are using. My wife and I each took time off using FMLA so that neither of us missed excessive work.

The same lawyer that talks to your bosses, should also talk to her bosses.

TB
I understand this but she doesn't qualify! and here's why.............
"The FMLA has many restrictions. Employees must have worked at their company for more than 12 months. They also must have worked at least 1,250 hours during the previous year."

First of all, for heaven's sake is your son OK? Did this come up in the meetings at all? If it were my son and his illness was life-altering I would care less about "occurences" and "warning letters". my son is OK some of the time, but being sick has cost him developmentally, he's 14 months and hasn't even started to walk, just started to crawl 1 1/2 months ago, there isn't much talk from him, only 3 words. But when he's not sick he seams like a happy baby and is very interactive, thanks for asking.:happy-very:

Does your center manager ask about the wellness of your son or does he only care how many absences you have racked up so he can nail you?My management team very rarely asks about his health, unfortunately! and yes they do only care about my occurrences sometimes!! Very sad:surprised:
Are you leaving something out because I can't imagine anybody being so callous to a sick child as your center team has been?
No I am not leaving anything out, but i don't disclose my entire personal life at work to anyone unless it matters! I do need some privacy you know!!
the bottom line is my son is sick all the time and theres no answer as to why yet! Work doesn't always care about it either, but ask over 9 about my fleet manager, he's heard some story's about whats going in my world in package!!

Its a shame your boss is not more understanding. With that said you still will have to balance our your committment to family versus your committment to employer. Obviously at this time your committment to family takes precedence. At some point you will hopefully get good news about your sons condition at which point you can then refocus more of your attention on your job. You have to try to take care of your son and still at least maintain some type of relationship with the boss. Can you work a different shift so you have less conflict between you and your wifes working schedule. Have you tried talking to your bosses boss to see if that lessens any of the issues you have at work? If you have exhausted all possible actions to lessen the conflicts at work then a trip to the HR department may be in order. Explain what you have going on and how you feel you are being pressured away from exercising your rights under FMLA.

I sincerely hope your son comes back with a clean bill of health. GB
Thanks, I do try to balance work and life as much as possible, My wife works Mon-Fri, i work Tues-sat. My wife works first shift and I work second shift, Our schedules are tough on us as it is! we do the best we know how to do. And I hope my son turns out to be OK and that all this is caused by something small and treatable, thats all I can pray for!!:peaceful:
 

MechanicForBrown

Prblm found,part on order
sorry about the length of this but the following is on he opening page to FMLA.com,

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act is an on-going challenge for HR professionals. Because its rules are so complex, companies are vulnerable to FMLA abuse, exploitation, and miscomprehension. It takes only one confused or misinformed employee to cost a business tens of thousands of dollars in FMLA lawsuits. These B21 FMLA Training Tools will help you educate your entire team on what they must—and must not—do when it comes to the FMLA.
Created in 1993, the Family and Medical Leave Act offers employees up to 12 weeks of excused absence from their jobs every year. It was enacted to aid employees in balancing work and personal obligations, without having to choose between the two in times of crisis.
Employees qualify for FMLA leave when either they or a family member suffer from a “serious health condition.” The condition must either prevent the worker from performing his or her job, or require the worker to care for a family member. Employees can use FMLA for:

  1. Pregnancy, prenatal complications, or the adoption/fostering of a child
  2. Chronic conditions -- diabetes, epilepsy, etc
  3. Long-term conditions -- Alzheimer’s disease, cancer, etc
  4. Hospitalization
  5. A condition that requires ongoing treatment -- chemotherapy, dialysis, etc
The FMLA has many restrictions. Employees must have worked at their company for more than 12 months. They also must have worked at least 1,250 hours during the previous year.
Smaller employers are not required to provide FMLA leave to their employees. If a company employs fewer than 50 people within 75 miles of the employee’s worksite, the employee does not qualify for FMLA leave. This regulation was enacted to accommodate employers -- small companies would find it more difficult to send a replacement far away if a needed employee were to take leave.
The leave that FMLA regulations guarantee is unpaid. It is up to the employer to provide benefits and pay while an employee takes medical leave.
There are three different kinds of FMLA leave:

  1. Continuous FMLA leave: An employee is absent for more than three consecutive business days and has been treated by a doctor.
  2. Intermittent FMLA leave: An employee is taking time off in separate blocks due to a serious health condition that qualifies for FMLA. Intermittent leave can be in hourly, daily, or weekly increments. Intermittent FMLA is often taken when an employee needs ongoing treatment for their condition.
  3. Reduced schedule FMLA leave: An employee needs to reduce the amount of hours they work per day or per week, often to care for a family member or to reduce stress.
When they return from leave, FMLA guidelines require that companies return employees to their former position, assuming they are able to perform the essential functions of that position. If the employee is no longer able to perform his or her previous job, an alternative position with the same benefits, salary, and work hours must be provided to the disabled employee.
FMLA law states that it is the employer’s responsibility to provide the necessary FMLA paperwork to its employees if they express the need for leave. FMLA guidelines outline the forms legally needed to take FMLA leave, and most employers add their own additional paperwork or notification policies.
Employees must fill out two forms when they request family medical leave:

  1. The FMLA Medical Certification Form: The employee’s healthcare provider must complete a certification form in order to ensure the validity of the employee’s, or the employee’s immediate family members, serious health condition. The employee must return the certification within 15 calendar days of receiving the form.
  2. The FMLA Notification Form: An employer must provide this form to the employee within two days of a leave request.
New FMLA forms are required for each new condition and FMLA leave.
All FMLA forms and information about an employee’s FMLA leave and condition must be kept confidential and separate from other employee files. It is an FMLA violation for an employer to share information about an employee’s FMLA leave with other employees.
 

over9five

Moderator
Staff member
MFB is a mechanic. Is there any reason he couldn't come in before or after the appointment and put in his 8?

MFB, in addition to all of the other great advice, I would advise you to keep a receipt of every doctor visit AND write down date and reason for all days taken off. You may need this documentation later.

AND is it true the wife can't get FMLA because she's been there less than a year or is her employer lying to her? Anyone know for sure?

Good luck with your child!
 

MechanicForBrown

Prblm found,part on order
MFB is a mechanic. Is there any reason he couldn't come in before or after the appointment and put in his 8?I can ask about this but they probably won't go for it I start at 3pm,and most of the time off I will need is not because of known doctors appointments but " hay hun, Dylan has to leave the daycare, he's got a fever, can you take him to the doctors?" this happens allot and usually before the start of my shift. this is where most of my problem lyes.

MFB, in addition to all of the other great advice, I would advise you to keep a receipt of every doctor visit AND write down date and reason for all days taken off. You may need this documentation later. Thanks, I have been keeping all of the notes from the doctors, and can show them if needed later.

AND is it true the wife can't get FMLA because she's been there less than a year or is her employer lying to her? Anyone know for sure?
The post just before yours over is an excerpt from www.FmlaOnline.com , and it states the qualifications for FMLA
Good luck with your child!
Thanks!

Also as an update, I just got off the phone with HR in my district and got some very useful information on what to do next in my situation, Whats been said to me and anything in the future from management is going to be written and dated and a phone call will be made on my behalf to Kindly straighten out their ATTITUDE!!!

Thanks for all the advice guys, and the wife says thanks as well:lips:
 

sortaisle

Livin the cardboard dream
Maybe a little perspective on the companies side of the equation. Mechanics are not Teamsters in NH are they? Over here they're with the Machinist union. They don't have mechanics that they can pull from other areas and package cars and feeders do need to get fixed or people run around with a car that's too small for their route and need to two car it. Or you get someone older who normally has power steering but is stuck in a non power steering car and injures a shoulder or screws their back up because they can't fix all of the trucks being one person down from time to time. The company has a very legitimate gripe. That doesn't make them right though. MFB has a legitimate gripe as well, and the only thing that's going to make it right in the end for everyone is his kids clean bill of health. I assume you're an upstanding employee and do great work or you would have been canned by now. I really do feel for your situation and I believe that you are in the right.

Here's a link I found to a public legal website that says what employers and employees must do. They sure make it a bitch on both sides. http://public.getlegal.com/legal-info-center/fmla-overview/fmla-guidelines

Keep your ducks in a row. Give UPS more information than they need. Have your doctor tell them with no room for interpretation that until they get a handle on what's wrong with your kid that it could be any day at anytime that you need to be there for your child's health care. I would even go as far as getting the school that your wife works for to write a letter stating why your wife can't take FMLA and why she can't miss work. If you give them all the info that they could ever want, all they can do is complain impotently. They do have a right by law to investigate, so do what you have to to take care of your family...and that includes keeping your job and your wife's. If you do all of this and they still complain, then you have a harassment claim. Do what you gotta do. The law will make you jump through those hoops. I don't see where you really have a choice bud, but if it were me and mine, I would do it. Grating on my teeth and everything.

I will most definitely keep you and your family in my prayers. Good luck and I hope it turns out for the best.

KC
 
Keep your ducks in a row. Give UPS more information than they need. Have your doctor tell them with no room for interpretation that until they get a handle on what's wrong with your kid that it could be any day at anytime that you need to be there for your child's health care.

I`m sorry but I have to disagree with you on this point. When FMLA is applied for a form is taken to the doctors treating the patient. it is then returned to UPS for approval,which Mech has received. Once he has been approved in his case he does not HAVE to provide any specific medical information to UPS as that is a violation of HEPA laws. If he gives information it`s by his choice. When or if he renews his FMLA the form will have to be filled out again and submitted for approval again. It is at that point that UPS needs to question eligibility.

I would even go as far as getting the school that your wife works for to write a letter stating why your wife can't take FMLA and why she can't miss work.

Mech`s wife could be a millionaire or a pauper,self employed or just a number in a mass conglomeration, the point is that whether she is eligible or not does not affect Mechs eligibility in any way.Mech could be a divorced father sharing custody or as in his case a married man. UPS` continuing to question her ability to take time off is a mute point and borderline harassment. He is afforded equal rights under the law.

If you give them all the info that they could ever want, all they can do is complain impotently. They do have a right by law to investigate, so do what you have to to take care of your family...and that includes keeping your job and your wife's. If you do all of this and they still complain, then you have a harassment claim.

UPS does have the right to investigate....within reason. As I stated above when FMLA is applied for UPS can and does ask for whatever info they need. Once it has been approved they are limited as to how much they can demand. Now proposed,yet currently not signed into law,rules covering the actual employee being the subject of FMLA are slightly different as far as UPS requiring third party follow ups these rules would not apply to an approved dependant. UPS treads lightly on investigating especially since legal action can be taken by the individual on both the corporate and private level.

Do what you gotta do. The law will make you jump through those hoops. I don't see where you really have a choice bud, but if it were me and mine, I would do it. Grating on my teeth and everything.

I will most definitely keep you and your family in my prayers. Good luck and I hope it turns out for the best.

KC
 

705red

Browncafe Steward
Mechanic i wish you and your family the best and i can not believe that ups is handling it this way.

Here's an idea, you say that you start at 3pm. Your wife being a teacher is probably home by 4 430ish. under fmla you can use hours and even minutes daily. When your wife comes home use your fmla to allow you to start later. Just an idea, but i have seen it done.
 

whiskey

Well-Known Member
Very sorry this is happening to you. I know, first hand, about the FMLA. I lost my wife to cancer. The troops, hourlies and management, rallied behind me and gave me the strength to hold up my wife and children. I was even given an extension beyond the 90 days.
One well placed phone call is all you need. Good luck.
 

dilligaf

IN VINO VERITAS
Mechanic i wish you and your family the best and i can not believe that ups is handling it this way.

Here's an idea, you say that you start at 3pm. Your wife being a teacher is probably home by 4 430ish. under fmla you can use hours and even minutes daily. When your wife comes home use your fmla to allow you to start later. Just an idea, but i have seen it done.
It's option 3 Red, reduced schedule fmla leave. It is a viable option.
 

stevetheupsguy

sʇǝʌǝʇɥǝndsƃnʎ
Mechanic for brown: I am replying to your posting and I want to first say steel toe gave a better answer for your job situation than any I could could come up with.
I am addressing another related issue that you brought up but didn't ask for help so I hope you don't find what I am about to say intrusive.

On another post, you posted a picture of yourself and your family with the mentioning of "a kid who is sick more often than he should be".

Well, what jumped at me was the redness of his face (is there a little puffiness too?) . Let me ask a couple of questions, was this child breast fed? If yes, did he have these problems then? Did he at some point go to milk formula or just milk? If so did the problems start then?

I am trying to be brief here but I went to the cystic fibrosis website and saw the symptoms and they just happen to be the same symptoms of a kid who can't handle milk ( specifically pasteurized cow's milk) . The production of mucus to encapsulate something that the body finds objectionable is a defense reaction of the body. In addition, milk itself is mucus like ( I believe Borden the maker of glues is also one of the largest milk producers in this country , coincidence?) So, basically we have a gastrointestinal system that can't handle the milk. A body that produces mucus in response to this . A substance (the milk ) that needs to find its way out of the body through mucus drip, through the pores of the skin the bowels which tend to get sticky with partially undigested milk as well as in the descending colon, where the garbage of the body gets deposited for the garbage men to take out so to speak. does he have sticky slimy stools? Asthma: partially from the mucus obstructing the nasal passages and well as the tubes narrowing due to the histamine reaction (which is an allergic reaction) to the milk.

Also, the ear infections due to the mucous mixing with any food in the mouth and throat falling down into the eustacian tubes that lead to the ears where the food ferments(bacteria) and nowhere to go for it is stuck there and hence ear infections.
I believe there is a genetic marker for cystic fibrosis and should be easily determined. No? Yes?

I throw this out there because i was this kid at one point with puffy bags under the eyes to boot. Ear infections, mucus, etc. Off the milk when I was 19, symptoms gone with some withdrawal symptoms in the first four days. I hate to diagnose and I was tempted to based on that picture alone. But now i read this and I am compelled to post even though it exposes me as more of a crank. I post this publicly because maybe someone else out there knows what the heck I am talking about. Could say more but probably said too much.

Hope you don't mind me copying and pasting this into the wisdom, knowledge and talent thread. This post was exactly what that thread is about, thanks pickup.

MFB, you guys are in our prayers. Just some helpful advice, as I know nothing of FMLA. First, if you guys smoke, STOP! If you wear perfumes or use those scented plug-ins, stop that too. Anything that could possibly aggravate the situation, needs to be stopped. Put yourself in your boy's shoes, and go from there. Also, this is the time in his life where the Dr will be giving tons of vaccinations. These can be put off till he's healthier to handle them.

Do you have older children? Any problems there? Any other family members been ill like this? While the Dr does her investigation, you guys could be doing your own. Just trying to help out, my friends, God bless you.
 

MechanicForBrown

Prblm found,part on order
Mechanic i wish you and your family the best and i can not believe that ups is handling it this way.
Thank you:happy2:
Here's an idea, you say that you start at 3pm. Your wife being a teacher is probably home by 4 430ish. under fmla you can use hours and even minutes daily. When your wife comes home use your fmla to allow you to start later. Just an idea, but i have seen it done.
I can do that if need be, my wife gets out at 5:45 pm and is home by 6:30

Very sorry this is happening to you. I know, first hand, about the FMLA. I lost my wife to cancer. The troops, hourlies and management, rallied behind me and gave me the strength to hold up my wife and children. I was even given an extension beyond the 90 days.
One well placed phone call is all you need. Good luck.
I know all about cancer taking a loved one, thanks and god bless you and your family too!!
Hope you don't mind me copying and pasting this into the wisdom, knowledge and talent thread. This post was exactly what that thread is about, thanks pickup.

MFB, you guys are in our prayers. Just some helpful advice, as I know nothing of FMLA. First, if you guys smoke, STOP! If you wear perfumes or use those scented plug-ins, stop that too. Anything that could possibly aggravate the situation, needs to be stopped. Put yourself in your boy's shoes, and go from there. Also, this is the time in his life where the Dr will be giving tons of vaccinations. These can be put off till he's healthier to handle them.Great minds think alike Steve, I am proud to say I quit smoking on March 1st 2009, and have been doing great since, my wife (the smart one) never did smoke. We are very clean people and do try to stay away from harsh chemicals do to the odor!

Do you have older children? Any problems there? Any other family members been ill like this? While the Dr does her investigation, you guys could be doing your own. Just trying to help out, my friends, God bless you.
We only have this little guy for now, and no one else in the immediate family has been like this as an infant/baby. Neither was I, but my wife had a struggle from day one and went through far worse as a baby, she was born @26 weeks gestation!! In 83' that was huge! she went through an absolute nightmare, because of this we asked if that was something that could play a roll in our son but was told no!
We do appreciate the help Brothah!! thanks:happy-very:
 
Just a thought here Mech. Have you considered contacting the Mayo Clinic? Every Explanation of Benefits I get from Central States has the following line on the bottom of the page.

ASKYMAO 1-800-700-6296 H & W MEMBERS CAN CALL THIS NUMBER TO DISCUSS MEDICAL PROBLEMS & RECEIVE HEALTH INFORMATION FROM MAYO CLINIC, FREE OF CHARGE.

I don't know if it is for only Central States members or BSBS or any UPS/union sponsored insurance. wouldn't hurt to look into it though.
 
P

pickup

Guest
Hope you don't mind me copying and pasting this into the wisdom, knowledge and talent thread. This post was exactly what that thread is about, thanks pickup.

MFB, you guys are in our prayers. Just some helpful advice, as I know nothing of FMLA. First, if you guys smoke, STOP! If you wear perfumes or use those scented plug-ins, stop that too. Anything that could possibly aggravate the situation, needs to be stopped. Put yourself in your boy's shoes, and go from there. Also, this is the time in his life where the Dr will be giving tons of vaccinations. These can be put off till he's healthier to handle them.

Do you have older children? Any problems there? Any other family members been ill like this? While the Dr does her investigation, you guys could be doing your own. Just trying to help out, my friends, God bless you.

Thanks for posting this steve. I hate those scented plugins. My father had those in his house to mask mold problems. My nose would have preferred the mold. I said to him why don't you find out where the mold is . His reply, "Oh i live right off the beach, that's just the way it is" When he packed his things to move out of there after living there for 14 years, he found in the back corner of his closet, water soaked belongings. Apparently he had a leak in his roof. When he moved out, his "allergies" disappeared.

smoking monkey mechanic : as steven implied be on the lookout for anything that would aggravate (or even cause) his condition. Mold, smoke, new or old carpeting can be aggravating factors. Also check out the conditions of the daycare he is at.

I was hesistant to post about milk for we all have had it beaten into our heads: "All Good Kids Like Milk" . I hope the corporate monitor didn't take notice of my post or I might find I will be be rescheduled for "re-education"
 
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