No time off for surgery?

chev

Nightcrawler
In my opinion, the center manager is denying your request because you didn't use the proper procedure. The contract spells out how to request a personal holiday. I'm guessing 1 week prior to the requested day off and on an approved form. You asked 3 weeks prior.

Sometimes we get stuck working for a crappy manager. It sounds like yours is that manager.
Sounds right. You are not supposed request more than 2 weeks in advance.
This is still BS anyway. Tell your center manager to politely take a long walk off a short pier.
 
Proper form or not be damned. They them the day before you will NOT BE THERE. They already know why. If they do try to discipline you, it won't hold up.
Danny? You out there? Help this guy.
 

Brownnblue

Well-Known Member
While your circumstance is extremely valid, you should be able to get a personal day for whatever reason you need. They are built in that way.

It sounds like you are being very courteous and respectful about your situation. The least they can do is treat you the same way. I agree with the rest of the group, call in that day if need be.
 

dilligaf

IN VINO VERITAS
Its a crappy situation. I have, and I'm sure just about everyone here has, tried to do the right thing to no avail. You know you have something coming up that is important and you give them enough notice but they don't give a ******. It's hard to not get jaded.

Like everyone said, take it. Call in. Take the time you need to care for your wife. They WILL survive. They will still be there when you get back.

I use to drive tractor trailer hauling bulk cement. One of the bosses favorite sayings was "No one ever died from the lack of cement". This same theory applies. No one is going to die because you weren't there.
 
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Re-Raise

Well-Known Member
In 710 we are supposed to be able to take our optional week one day at a time if we so choose next year. YEAH RIGHT We can't get the two optional days a year we have now without a hassle.

I took an optional day today for a doctor's appointment. I only took one all of last year and got an extra check for the other day. Just got a call from one of the other drivers in my center who said at 8:15 they realized they had no one to cover my route. Are you kidding me? We have part-timers with 10 plus years who would love to drive some days. They ended up having to cut a route at the last minute.
 

UPSNewbie

Well-Known Member
I use to drive tractor trailer hauling bulk cement. One of the bosses favorite sayings was "No one ever died from the lack of cement". This same theory applies. No one is going to die because you weren't there.

Unless the mob is already behind deadline on cementing a persons body somewheres...
 

Covemastah

Hoopah drives the boat Chief !!
take the day as everyone has said!!!!! tell that C.M you will remember her when you are doing the ERI & you wont forget her come UNITED WAY TIME I would also call the UPS ethics hotline and ATLANTA!!!!!!!! if you get no where, I'm sure the local T.V news would love your story!!!! and they wonder why we are so bitter !!!!!
 
Abso-freakin-lutely you are covered under the FMLA law on this. You showed the responsibility of notifying mgmt of your need for time off in a timely manor. It is a legitimate reason and at the most you will only need to provide proof of your wifes surgery and that can be done AFTER you return to work. I have separated the paragraphs that pertain to you below. Call work and tell them you WILL be absent for your wife as you notified them,under the FMLA act,and will bring proof of her medical condition if they request it. Take enough time off to properly care for her wife. You are protected by law. Here is the toll free phone number for the national Dept of Labor.
(866) 487-9243 Any trouble on your part feel free to call and they will help you register a complaint which will help change your center manager`s tune.


[FONT=Calibri,Bold]Section 6. Family and Medical Leave Act (FMLA)[/FONT]
All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the
past twelve (12) months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.
Additionally, any employee not covered above, that has worked for the Company for a minimum of thirty-six (36) months and accrued
at least 625 paid hours during the past twelve (12) months is eligible for unpaid leave as set forth below, except that the amount of
leave allowed will [FONT=Calibri,Bold]shall [/FONT]be computed at one half (1/2) of the time provided by the FMLA.
Eligible employees are entitled up to a total of 12/6 weeks of unpaid leave during any twelve (12) month period for the following
reasons:
1. Birth of a child;
Adoption, or placement for foster care;


(3. To care for a spouse, child, or parent of the employee due to a serious health condition)


4. A serious health condition of the employee.
The employee’s seniority rights shall continue as if the employee had not taken leave under this section, and the Employer will [FONT=Calibri,Bold]shall

maintain health insurance coverage during the period of the leave.
The Employer may require the employee to substitute accrued paid vacation or other paid for leave for part of the 12 / 6 week leave
period.


(The employee is required to provide the Employer with at least thirty (30) days advance notice before FMLA leave begins, if the need
for leave is foreseeable. If the leave is not foreseeable, the employee is required to give notice as soon as practicable.)



The Employer
has the right to require medical certification of a need for leave under this Act. In addition, the Employer has the right to require a
second (2nd) opinion at the Employer’s expense.
The provisions of this section are in response to the Federal Act and shall not supersede any state or local law which provides for
greater employee rights.

[/FONT]
 
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UpstateNYUPSer(Ret)

Well-Known Member
I am probably the last guy you or anyone here would expect to say this so here goes:


CALL IN SICK!!!!

Your wife's health and well being are much more important that any pkg and they will be delivered whether you are there or not.
 

sortaisle

Livin the cardboard dream
FMLA will not cover him. It says serious medical condition. She's having outpatient surgery. I don't think it will fall under serious medical condition. But seriously take the day off. They don't have much of a leg to stand on and let your steward and BA know. Get the process going right away cause they will try to get you for failure to work as instructed when you take the day off. It won't hold up in a center level hearing unless your a trouble maker, but you should win at panels. Crappy situation but I would rather have a pissed of center manager rather than a pissed off ball and chain.
 
Sorry,missed the phrase "out patient",but still I would take the day off. You gave them enough notice so there`s no excuse on their part.
 
W

westsideworma

Guest
he shouldn't need FMLA anyway, he informed management and kept on informing thats more than enough at my building to get the day off. I'll say one thing about the upper management at my building, though it may seem like some of them don't give a damn sometimes (notice SOME, others clearly do) this would never be an issue here. They've always been good about giving us time off for such things. I'm no longer an hourly but I agree with the others, you clearly let your management team know well ahead of time and kept reaffirming that you needed to take the day. Call in, family comes first.
 

tieguy

Banned
Abso-freakin-lutely you are covered under the FMLA law on this. You showed the responsibility of notifying mgmt of your need for time off in a timely manor. It is a legitimate reason and at the most you will only need to provide proof of your wifes surgery and that can be done AFTER you return to work. I have separated the paragraphs that pertain to you below. Call work and tell them you WILL be absent for your wife as you notified them,under the FMLA act,and will bring proof of her medical condition if they request it. Take enough time off to properly care for her wife. You are protected by law. Here is the toll free phone number for the national Dept of Labor.
(866) 487-9243 Any trouble on your part feel free to call and they will help you register a complaint which will help change your center manager`s tune.


[FONT=Calibri,Bold]Section 6. Family and Medical Leave Act (FMLA)[/FONT]
All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the
past twelve (12) months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.
Additionally, any employee not covered above, that has worked for the Company for a minimum of thirty-six (36) months and accrued
at least 625 paid hours during the past twelve (12) months is eligible for unpaid leave as set forth below, except that the amount of
leave allowed will [FONT=Calibri,Bold]shall [/FONT]be computed at one half (1/2) of the time provided by the FMLA.
Eligible employees are entitled up to a total of 12/6 weeks of unpaid leave during any twelve (12) month period for the following
reasons:
1. Birth of a child;
Adoption, or placement for foster care;


(3. To care for a spouse, child, or parent of the employee due to a serious health condition)


4. A serious health condition of the employee.
The employee’s seniority rights shall continue as if the employee had not taken leave under this section, and the Employer will [FONT=Calibri,Bold]shall

maintain health insurance coverage during the period of the leave.
The Employer may require the employee to substitute accrued paid vacation or other paid for leave for part of the 12 / 6 week leave
period.


(The employee is required to provide the Employer with at least thirty (30) days advance notice before FMLA leave begins, if the need
for leave is foreseeable. If the leave is not foreseeable, the employee is required to give notice as soon as practicable.)



The Employer
has the right to require medical certification of a need for leave under this Act. In addition, the Employer has the right to require a
second (2nd) opinion at the Employer’s expense.
The provisions of this section are in response to the Federal Act and shall not supersede any state or local law which provides for
greater employee rights.

[/FONT]

if he is going the fmla route he needs to make a formal application with HR.
 

tieguy

Banned
Sorry,missed the phrase "out patient",but still I would take the day off. You gave them enough notice so there`s no excuse on their part.

PIA will probably work here. Keep going back to the center manager and reafirming the importance of being off that day until he gets tired of hearing from you.
 

UpstateNYUPSer(Ret)

Well-Known Member
if he is going the fmla route he needs to make a formal application with HR.

Sounds like a lot of work for 2 days off. I would hope his center team would step to the plate and help this guy take care of his wife for a few days. Thursday, Friday and then the weekend and he should be good to go on Monday.
 

PAUPSER

Well-Known Member
If they dont give you off, and they should! Just book off Thur-Fri and book in on Monday. Family comes first and ups can just wait there turn!
 

old brown shoe

30 year driver
Call in and tell them you can't work because of your mental state. It is a safety issue when you are worried about your spouse and can't keep your mind on the job. They will make it happen without you for a day or two. Worry more about your loved one and let them worry about covering for you. Hope all goes well with the surgery.:peaceful:
 
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