Unbelievable...update on FMLA situation

[10 Pt]

If my wife was sick again (God forbid!) and management called her physician to change even one appointment they would create a monster for themselves and not a small monster either.
You don't screw with a family's medical needs that are struggling with a serious and potentially deadly illness just because there's packages to deliver.
That's BS.

 

[10 Pt]

In reading the law I saw nothing that said the company can change your Dr's appointment. It said that they can have verification conversation but I read that (allegedly) none of your direct supervisors can call your medical providers.
Clarification?

 

[Over 70]

 

[Indecisi0n]

Seriously ... what would HIPPA have to do with this?
HIPPA (Health Insurance Portability and Accountability Act) appears to be concerned mostly with privacy.
If the center manager calls the doctor, that means the employee told the center manager the doctor's name, which means there is no privacy concerns.
My advice is to never tell your management what your (or wife's) medical condition and the doctors' names.
At UPS, FMLA is handled by an outside agency (AETNA, MetLife, etc.) and UPS and your local management should not have that information unless the employee told them.

By your example then the center manager is only allowed to call the doctor to say hello. Any discussion of any medical information is a HIPPA violation. Any reputable doctor knows this and would simple refuse to give the manager any information.

 

[Catatonic]

By your example then the center manager is only allowed to call the doctor to say hello. Any discussion of any medical information is a HIPPA violation. Any reputable doctor knows this and would simple refuse to give the manager any information.

Yep, I think we all agree on that except for the "say hello" part.
The employer can ask anything they want to since the employer is not under HIPPA.
It's the doctor that is under HIPPA and therefore better not say anything about the PHI of employee.

 

[Indecisi0n]

Yep, I think we all agree on that except for the "say hello" part.
The employer can ask anything they want to since the employer is not under HIPPA.
It's the doctor that is under HIPPA and therefore better not say anything about the PHI of employee.

Agree which is why I said any reputable doctor will not give out any information but at the same time if management is asking medical questions that he knows he isn't suppose to be there is still a policy violation there. This is why I advised OP to go to HR to clear it up. If that didn't work then I would call a FMLA lawyer.

 

[1989]

No management should ever talk to a doctor. Call the receptionist and confirm an appointment, maybe. In WC they are only able to read the doctor notes. And usually that's the job of risk management.

 

[clean hairy]

Seriously ... what would HIPPA have to do with this?
HIPPA (Health Insurance Portability and Accountability Act) appears to be concerned mostly with privacy.
If the center manager calls the doctor, that means the employee told the center manager the doctor's name, which means there is no privacy concerns.
My advice is to never tell your management what your (or wife's) medical condition and the doctors' names.
At UPS, FMLA is handled by an outside agency (AETNA, MetLife, etc.) and UPS and your local management should not have that information unless the employee told them.

At least with my Drs office, I fill out a form once a year listing who they can give out medical information to.
If not on the list, they will not give out any specific info. If the employer wants to verify that an appointment actually took place, they will verify that info, but no specific info as to what the appointment entailed.

 

[oldngray]

No management should ever talk to a doctor. Call the receptionist and confirm an appointment, maybe. In WC they are only able to read the doctor notes. And usually that's the job of risk management.

Agreed. Management can talk to the doctor but by doing so they risk opening themselves to serious repercussions.

 

[dudebro]

You guys feel strongly enough about this (and I would too if it were my family), maybe one of the Teamsters should bring a contract proposal over to bug's thread, because most of the stuff you guys think is legally protected or restricted, in fact, isn't.

 

[BUCN85]

Come tomorow I plan on filing grievances on them in denying me an fmla day on Thursday by recording me as " called in" as well for Saturday by telling me I can't use FMLA on Saturday. I will also be filing on harassment since last week they tried to tell me I can't take fmla whenever I want and can't center them around weekends. Hoping to get a number to report them outside the union to report them for violating FMLA. I'm going to do everything I can to make sure this doesn't happen to another one of us. I hope somebody is made and example of so a clear message is sent.

 

[Returntosender]

Come tomorow I plan on filing grievances on them in denying me an fmla day on Thursday by recording me as " called in" as well for Saturday by telling me I can't use FMLA on Saturday. I will also be filing on harassment since last week they tried to tell me I can't take fmla whenever I want and can't center them around weekends. Hoping to get a number to report them outside the union to report them for violating FMLA. I'm going to do everything I can to make sure this doesn't happen to another one of us. I hope somebody is made and example of so a clear message is sent.

 

[Returntosender]

You guys feel strongly enough about this (and I would too if it were my family), maybe one of the Teamsters should bring a contract proposal over to bug's thread, because most of the stuff you guys think is legally protected or restricted, in fact, isn't.

 

[Jones]

You guys feel strongly enough about this (and I would too if it were my family), maybe one of the Teamsters should bring a contract proposal over to bug's thread, because most of the stuff you guys think is legally protected or restricted, in fact, isn't.

Next time one of your folks is on fmla go ahead and tell him/her when he/she is allowed to go to the doctor based on your staffing. Better yet go ahead and call the doctor yourself and get the appointments switched around to your liking. Let us know how it all goes.

 

[UpstateNYUPSer(Ret)]

Come tomorow I plan on filing grievances on them in denying me an fmla day on Thursday by recording me as " called in" as well for Saturday by telling me I can't use FMLA on Saturday. I will also be filing on harassment since last week they tried to tell me I can't take fmla whenever I want and can't center them around weekends. Hoping to get a number to report them outside the union to report them for violating FMLA. I'm going to do everything I can to make sure this doesn't happen to another one of us. I hope somebody is made and example of so a clear message is sent.

I am very sorry for what you and your wife are going through and am equally upset that the company is dicking you around on this. It is none of their business other than ensuring that they are adhering to the letter of the law. They have no right to call her doctors---period.

This may be none of my business but are you the only one who is available to take care of her? Are there any other family members or close friends who can pitch in and help out on an occasional basis? Working may help to take your mind off of what is happening at home and in no way diminishes the level of concern that you have for her well being.

While I can understand your position that you should be able to use FMLA as needed during the week, I can understand the companies position that you should be able to work on Saturday, as needed.

 

[burrheadd]

I am very sorry for what you and your wife are going through and am equally upset that the company is dicking you around on this. It is none of their business other than ensuring that they are adhering to the letter of the law. They have no right to call her doctors---period.

This may be none of my business but are you the only one who is available to take care of her? Are there any other family members or close friends who can pitch in and help out on an occasional basis? Working may help to take your mind off of what is happening at home and in no way diminishes the level of concern that you have for her well being.

While I can understand your position that you should be able to use FMLA as needed during the week, I can understand the companies position that you should be able to work on Saturday, as needed.

Unbelievable even for you!!

 

[UpstateNYUPSer(Ret)]

Unbelievable even for you!!

Is it?

Keep in mind that FMLA is unpaid leave and that the OP has been a FT driver for less than a year. I don't know about you but when I was a new(er) driver we lived paycheck to paycheck.

Shortly after our divorce my ex FIL developed cancer. Her family looked to my ex for guidance as she is an RN. The strain of ensuring that he was being properly taken care of and having to deal with her family while still working FT started to get to her. She privately admitted that it was nice to go to work so that she wouldn't have to deal with all of the pressure.

MyTripIsCut has been relaying the strain that having his ill FIL living with them has had on his family. I would be willing to bet that he would privately admit that it is nice to get out of the house and go to work.

 

[MyTripisCut]

Is it?

Keep in mind that FMLA is unpaid leave and that the OP has been a FT driver for less than a year. I don't know about you but when I was a new(er) driver we lived paycheck to paycheck.

Shortly after our divorce my ex FIL developed cancer. Her family looked to my ex for guidance as she is an RN. The strain of ensuring that he was being properly taken care of and having to deal with her family while still working FT started to get to her. She privately admitted that it was nice to go to work so that she wouldn't have to deal with all of the pressure.

MyTripIsCut has been relaying the strain that having his ill FIL living with them has had on his family. I would be willing to bet that he would privately admit that it is nice to get out of the house and go to work.

Or, preferably, golf. But yes, I do not want to be home. However, if it were my wife who was sick, I think I would want to be with her and help her, personally. I thought about FMLA, but I am ineligible as it is my in law and not actual parent. Opposite of what @BUCN85 has been going through, my management team has been pretty accommodating to me so far.

 

[burrheadd]

Or, preferably, golf. But yes, I do not want to be home. However, if it were my wife who was sick, I think I would want to be with her and help her, personally. I thought about FMLA, but I am ineligible as it is my in law and not actual parent. Opposite of what @BUCN85 has been going through, my management team has been pretty accommodating to me so far.

That was my point it's the mans wife.
If it was mine I'd want to be there for HER

Not to schluff off work

 

[Catatonic]

Is it?

Keep in mind that FMLA is unpaid leave and that the OP has been a FT driver for less than a year. I don't know about you but when I was a new(er) driver we lived paycheck to paycheck.

Shortly after our divorce my ex FIL developed cancer. Her family looked to my ex for guidance as she is an RN. The strain of ensuring that he was being properly taken care of and having to deal with her family while still working FT started to get to her. She privately admitted that it was nice to go to work so that she wouldn't have to deal with all of the pressure.

MyTripIsCut has been relaying the strain that having his ill FIL living with them has had on his family. I would be willing to bet that he would privately admit that it is nice to get out of the house and go to work.

Or, preferably, golf. But yes, I do not want to be home. However, if it were my wife who was sick, I think I would want to be with her and help her, personally. I thought about FMLA, but I am ineligible as it is my in law and not actual parent. Opposite of what @BUCN85 has been going through, my management team has been pretty accommodating to me so far.

I took 2 months of FMLA to take care of my wife when she had back surgery.
I would probably rather been at work but I would do it all over again.