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<blockquote data-quote="JonFrum" data-source="post: 521804" data-attributes="member: 18044"><p>Red, did the employee have the 1250 hours in 12 months to qualify him for up to 12 weeks of FMLA leave, <u>or</u> did he only have the 625 hours to qualify him for up to six weeks <u>non</u>-FMLA leave? I ask because I believe the six weeks leave is not part of the FMLA. It's modeled after the FMLA, but it is only a clause in the Contract, not Federal Law. Sombody correct me if I'm wrong.</p><p> </p><p>My understanding is that UPS must invoke the FMLA and inform the employee of his rights, as soon as UPS has reason to believe the FMLA may apply. Even if the employee never heard of the FMLA. The burden is on the employer.</p><p> </p><p>How culpable the Supervisor (and UPS) may be may depend on weather this case falls under FMLA, or just the Local 705 Contract. The FMLA has penalties for employer misbehavior. The Contract doesn't.</p><p>- - -</p><p>Also, is there really any law that says if the Company does something for one employee, it has to do it for all? I know the Union will invoke that argument in order to encourage UPS not to descriminate, but I think it's just a moral arguement, not an actual legal obligation. UPS can't descriminate in a way that breaks the Law, but they can descriminate in lots of other ways. Manageing involves making destinctions.</p><p> </p><p>I'm just wondering if doing something for one employee sets a precedent. I don't think it does. I don't think anyone would want to discourage any employer from doing the right thing, by threatening to declare a precedent has been set and obligating management to do it for everyone nationwide. </p><p> </p><p>There is the doctrine of Past Practice, but it takes a while for a past practice to rise to that level. And the Contract always overrules a Past Practice if the two conflict.</p></blockquote><p></p>
[QUOTE="JonFrum, post: 521804, member: 18044"] Red, did the employee have the 1250 hours in 12 months to qualify him for up to 12 weeks of FMLA leave, [U]or[/U] did he only have the 625 hours to qualify him for up to six weeks [U]non[/U]-FMLA leave? I ask because I believe the six weeks leave is not part of the FMLA. It's modeled after the FMLA, but it is only a clause in the Contract, not Federal Law. Sombody correct me if I'm wrong. My understanding is that UPS must invoke the FMLA and inform the employee of his rights, as soon as UPS has reason to believe the FMLA may apply. Even if the employee never heard of the FMLA. The burden is on the employer. How culpable the Supervisor (and UPS) may be may depend on weather this case falls under FMLA, or just the Local 705 Contract. The FMLA has penalties for employer misbehavior. The Contract doesn't. - - - Also, is there really any law that says if the Company does something for one employee, it has to do it for all? I know the Union will invoke that argument in order to encourage UPS not to descriminate, but I think it's just a moral arguement, not an actual legal obligation. UPS can't descriminate in a way that breaks the Law, but they can descriminate in lots of other ways. Manageing involves making destinctions. I'm just wondering if doing something for one employee sets a precedent. I don't think it does. I don't think anyone would want to discourage any employer from doing the right thing, by threatening to declare a precedent has been set and obligating management to do it for everyone nationwide. There is the doctrine of Past Practice, but it takes a while for a past practice to rise to that level. And the Contract always overrules a Past Practice if the two conflict. [/QUOTE]
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