writer
Preoad Supervisor
I seem to be repeating myself. This is true IF one worked 1250 during the previous 12 months. If not, THEN one has to have been with the company for 36 months to get the 6 weeks leave.
When Does FMLA Leave Start Over
- Thread starter writer
- Start date
cachsux
Wah
You are correct,Writer. But what I`m trying to point out is IF someone has been with the company less than 36 months,has not worked 1250 hours in the previous 12 months, but during the 36 months of their initial employment eventually does get 1250 hours in 12 consecutive months then they will be eligible for FMLA even if the entire 36 months have not passed.
cachsux
Wah
Show them the courtesy of advance notice if you have it but in an emergency call in and let them know you wont be in. Simple as that. If they give you a hard time contact HR,the NLRB or even consult an attorney.
At our barn they tried to intimidate,even lie, to some people but a complaint to the NLRB and the resulting follow up by their agent solved the problem.
Jim Kemp
Well-Known Member
I was being sarcastic. I always give them as much notice as I can. I will tell them a week ahead if I know but they always tell me to call in the morning of the day I need off.
cachsux
Wah
No problem,just thought I would throw the info out there again. The NLRB agents are help full in getting problems solved quickly. The HR person at our bldg actually had the stones to tell me that I was ineligible for FMLA when our last child was born because they felt since my wife owns her own business she could take time off when ever she wanted therefore I would have no need for FMLA. A formal complaint with the NLRB and a letter from our attorney had the same HR person waiting for me to personally hand me my approval letter when I punched in for work a few days later.
Cach - I am not sure how your HR person explained it to you but - a part-time employee has to work for UPS for 36 months and would have to work 625 hours in the previous 12 months to be eligible for 6 weeks of FMLA.
If a part-time employee works 1250 hours in the previous 12 months they would be treated the same as a full-time employee (and the 36 month rule wouldn't apply) and the employee would be eligible for 12 weeks of FMLA.
If you are FT you have to work 1250 hours in the previous 12 months.
cachsux
Wah
I`ll quit while we`re ahead,your better at explaining it.
The 6-week leave in Article 16, Section 6 "Family and Medical Leave Act (FMLA)" is not federal law. It's just UPS-Teamster contract law. Like all provisions in the Contract, it doesn't apply to Writer, because he is a Supervisor, not a bargaining unit employee. I hope UPS has a 6-week leave policy for management people, but I don't know if they do or not.
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Strictly speaking, the 6-week vs. 12-week leave eligibility is determined by the hours you work, (1250 vs 625) not by your status as part-time vs. full-time.
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If anyone qualifies for FMLA leave, they are entitled to take it, period. UPS can't stop them, or retaliate against them. It's actually UPS' responsibility to invoke the Act if a qualified employee asks for leave, even if the employee has never heard of the FMLA and doesn't know his rights under the Act. The burden is on the employer.
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Strictly speaking, the 6-week vs. 12-week leave eligibility is determined by the hours you work, (1250 vs 625) not by your status as part-time vs. full-time.
- - -
If anyone qualifies for FMLA leave, they are entitled to take it, period. UPS can't stop them, or retaliate against them. It's actually UPS' responsibility to invoke the Act if a qualified employee asks for leave, even if the employee has never heard of the FMLA and doesn't know his rights under the Act. The burden is on the employer.
