Need Clarification Of 45 Day Rule

Discussion in 'FedEx Discussions' started by Downwardspiral, Mar 1, 2016.

  1. I was hoping someone could answer some questions about being out short term for a surgery. My understanding is that at 45 days (previously 90 days),they can put your route up for bid and that you have to take whatever is left over when you get back. How does this work exactly? Does the timer start immediately? Is it work days only or does it include weekends/holidays? Can one offset the time by taking paid vacation days during it? Any answers are appreciated.

    MAKAVELI Well-Known Member

    Take FMLA.
  3. whatwhat

    whatwhat New Member

    The 45 days start when you start your FMLA which includes weekends. Taking vacation won't do much, they changed that rule too (when your on FMLA now, they will use all your vacation but one week). However, there are a chunk of states that have their own FMLA laws in addition to the federal one. If you live in one of those states, there is a good chance you have a lot longer than the 45 days to come back. Also, the 45 days is up to management's discretion, they don't absolutely have to replace you after 45 days, but they have the option.

    MAKAVELI Well-Known Member

    If they do open your route while on FMLA, they have to offer you a route with the same schedule, regardless how long you are out. That's why it is important to file for FMLA and disability if your states offer it.
  5. Thanks for the input and advice.
  6. G Roberts

    G Roberts New Member

    45th Calendar Day Management will be permitted to replace routes of employees who are on leave of absence longer than 45 days. The ability to replace routes of employees on a leave of absence longer than 45 days does not affect position protection which is 90 days. Position is defined as an employee’s same job (i.e., Courier), same shift, and same work location.

    90th Calendar Day At the end of 90 calendar days and exhaustion of available FMLA and/or state or local law protecting the employee’s absence, the employee’s manager may replace or eliminate the position of the employee on leave. If your position is replaced or eliminated, you will be reassigned to your HCMP Professional for administrative purposes until resolution of your leave of absence. If your position is no longer available and you are then released to return to work (other than TRW), you will be given opportunity to submit unlimited JCA’s, for 90 calendar days or the remainder of your leave, whichever is less. You will receive preferential placement for lateral or lower level positions which you are qualified to perform with or without reasonable accommodation. If you have not accepted a job by the expiration of this period, your employment will be terminated.
  7. Serf

    Serf Active Member

    Pretty awful, considering any injury like a knee ligament, Achilles tendon, broken leg, etc, would keep you out for far longer. Expendable is an understatement.
  8. Operational needs

    Operational needs Non desistas. Non exieras.

    Even more awful if your injury is a work injury the result of something beyond your control, like being attacked by dogs, or a vehicle accident.
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  9. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    If I read it correctly, you only lose your job if you refuse to accept a comparable assignment either at your current station or through a transfer.
  10. silenze

    silenze Lunch is the best part of the day

    They hold all your packages for 45 days and then you get to deliver all them when you return.
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  11. Operational needs

    Operational needs Non desistas. Non exieras.

    You make it sound more simplistic than it can be. I worked with a guy who was out past the 90 days (displaced) because he was attacked by a dog on route. He had been at the same station Mon-Fri, FT for over 20 years. When he came back there were no open positions at his station, so he had to transfer to the closest station to a Part time Tues-Sat PM route just to keep his job. I don't care what anyone says, that ain't right.

    MAKAVELI Well-Known Member

    That must have been a pretty bad attack if he was out 90+. Hopefully he got a nice settlement from the home owner.
  13. Operational needs

    Operational needs Non desistas. Non exieras.

    It was a German Shepard and that dog really messed him up, plus the trauma. I don't know if he got a settlement or not.
  14. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    At a minimum, the settlement would have paid all his medical bills, lost wages and pain and suffering.
  15. Fred's Myth

    Fred's Myth Disaffected Philistine

    "would have" does not equal 'should have'.
  16. Star B

    Star B White Lightening

    that is bull..... out due to a work injury and you lose your job because of it. One would think that should not be allowed.

    I wouldn't want to go thru with it but I almost went to court once for a workers comp injury and I'd be damned if some stupid mutt is going force me to make the choice of either selling my house and moving or losing my 'stable' FT employment.
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  17. SmithBarney

    SmithBarney Well-Known Member

    I think work injuries are handled differently than FMLA. Since they would be Workers Comp.
    Also if you are planning on taking FMLA, remember they will eat up all your vacation(sans one week) and sickdays.
  18. Swngdrvr

    Swngdrvr Member

    I'm glad I'm a swing. At my station we don't really have to worry about losing our spot. Not that it's desirable.