Fmla

[buda]

FAMILY AND MEDICAL LEAVE ACT.

I'm looking for someone with some expertise in this area, however this is not pertaining to government employment but the law itself.

My wife is in the private sector and not working for the government (info that may sway the law)

We are expecting our third child and she is wanting to take a full six weeks off once the baby has been born. Under the law, it is my understanding that she is entitled to 12 weeks of unpaid leave.

Here is the question.

They want her to use all of her sick and annual leave for the year (paid leave) then they want her to go the remainder with out pay.

This is where it will begin to get tricky. Now she will be having to take personal time without pay for the remainder of the year for her personal doctors visits and those of our newborn child. With her employer now she can be held to disciplinary action for missing work since she has exhausted all of her paid leave (sick and annual) for taking the baby to the doctor.

Does this seem correct or legal or are the setting up the women where she works for failure and disciplinary action?

buda

[Callme_CO]

An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for leave provided under subparagraph (A), (B), or (C) of subsection (a)(1) for any part of the 12-week period of such leave under such subsection.


This is what i found about the law. It appears it something her job and her can work out. I've read through this before for my own wife who's expecting. Some parts make it sound mandatory for them to use their paid leave and whatever is left is unpaid and others make it sound like it's up to the employee and employeer. I couldn't find anything about what to do if your child becomes sick and you have no leave left to spare. My only suggest would be for her to use six weeks of it when the child's born and save 6 weeks for illness. Best of luck with the up coming child.

[Show-me]

In the USPS we call it LWOP or Leave With Out Pay. I doesn't matter if you have the sick leave s/l or annual leave a/l you are still protected from discipline for the 12 weeks. Make sure she qualifies because many do not realize that there must be 50 or more employees in order to qualify.

EMPLOYER COVERAGE

FMLA applies to all:

public agencies, including state, local and federal employers, local education agencies (schools), and
private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and who are engaged in commerce or in any industry or activity affecting commerce — including joint employers and successors of covered employers.
EMPLOYEE ELIGIBILITY

To be eligible for FMLA benefits, an employee must:
(1) work for a covered employer;
(2) have worked for the employer for a total of 12 months;
(3) have worked at least 1,250 hours over the previous 12 months; and
(4) work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

Let me make this clear. Under the law she can not be disciplined if see is using FMLA for the doctor visits even if she has exhausted all of her "paid leave" and it is within the 12 weeks allowed. You do not HAVE to take sick leave or annual leave if you do not want to. You can just take unpaid. It is your choice how you manage your time off. You can even go as far as to just take 3 days off a week. Once you get the FMLA documented you are covered.

Also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave.
The employer is responsible for designating if an employee's use of paid leave counts as FMLA leave, based on information from the employee.

The key is to have the proper documentation. Here are some key point I pick out of this link.

http://www.postalreporter.com/usps/fmla.htm

LEAVE ENTITLEMENT

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
UNLAWFUL ACTS

It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.

[buda]

Thanks ton of help...I will keep working on this till the baby is born in December. Some of the folks she works with are entirely idiots.

My wife has been written up twice in 15 years and both have been due to pregnancies and time on the books. It seems to me that they are trying to create an enviroment of women that will not have kids at her workplace.


buda

[Show-me]

We didn't have a Union.

That was ten years ago.


We now have a Union. I organized it.

Amen brother! Amazing how they do not want you to use your benefits even if it is protected by a freak'n law.

[nnuut]

Happens a lot more than you think.

I'm a fed, and when my son was born, my supervisor DENIED me anything more than two weeks of paid leave. I tried to tell him that I was invoking FMLA for three weeks of leave, and he told me that if I tried to raise the issue any more than two weeks of leave, I would be disciplined. When I asked if I had any appeal rights to ask higher than him, he told me he would make my life miserable, and that I should be happy to be getting two weeks of leave.

By the way, I had more that 160 hours of annual earned leave saved up on the books at the time.

Needless to say, I was not happy.

We didn't have a Union.

That was ten years ago.


We now have a Union. I organized it.
You go , You are THE MAN!!:D

[buda]

No Union for Mom.

They are just making their lives miserable. She is going to exhaust all of her sick and annual leave a total of six weeks of rest and bonding with the baby. Any time for Dr's appointments after that will be off of the books and subject her disciplinary action....

People have lost their minds at her work.

buda

[Show-me]

No Union for Mom.

They are just making their lives miserable. She is going to exhaust all of her sick and annual leave a total of six weeks of rest and bonding with the baby. Any time for Dr's appointments after that will be off of the books and subject her disciplinary action....

People have lost their minds at her work.

buda

Get a attorney. Is she civilian or fed employee?

[buda]

Get a attorney. Is she civilian or fed employee?

Civilian.... works for these guys felpsis.net they are a local power company in the area with about 80 employees.

They are run by a board of directors which are kept in the dark about the daily issues such as these.

buda

[Show-me]

Write a anonymous letter to each member of the board and send a carbon copy to Dept. of Labor and the local news media.

I would do that as soon as possible so the wheel start turning in time for the birth.

[Callme_CO]

Teach them a lesson. A lot of companies try to get away with stuff like this. Pregnancy isn't something an employeer should mess with. I'd send it to you congressman to. But then i've always been the type to go over the top.

[Show-me]

Teach them a lesson. A lot of companies try to get away with stuff like this. Pregnancy isn't something an employeer should mess with. I'd send it to you congressman to. But then i've always been the type to go over the top.

That's a real good one, can't believe I forgot about politicians. They love crap like this. Makes'em look like they are protecting the little guy.

One draft would do it for everyone.

[buda]

Well my wife had a check up yesterday afternoon and low and behold today she was given a written reprimand regarding missing work. She was told that her absences would be tracked and could result in disciplinary action and or termination.

Ok...now what is our next step. If we did contact a lawyer what type of lawyer would we be looking for. We are in the San Antonio area if anyone here is from that area and has suggestions.

Also what exactly do you tell you congressman. I'm sure it is done in email format but do they really reply to these types of things?

Buda

[Show-me]

Well my wife had a check up yesterday afternoon and low and behold today she was given a written reprimand regarding missing work. She was told that her absences would be tracked and could result in disciplinary action and or termination.

Ok...now what is our next step. If we did contact a lawyer what type of lawyer would we be looking for. We are in the San Antonio area if anyone here is from that area and has suggestions.

Also what exactly do you tell you congressman. I'm sure it is done in email format but do they really reply to these types of things?

Buda

Start with the Dept. of Labor website. You tell your Congressman exactly what you told us and they will tell you the most appropriate action to take.

Let me do a little research on Sunday. I'm ah take'n the rug rats to the place of the Scream'n Eagle :sick: and my Scream'n Shrink'n Wallet tomorrow. :nuts:

[SkyPilot]

Well my wife had a check up yesterday afternoon and low and behold today she was given a written reprimand regarding missing work. She was told that her absences would be tracked and could result in disciplinary action and or termination.

Ok...now what is our next step. If we did contact a lawyer what type of lawyer would we be looking for. We are in the San Antonio area if anyone here is from that area and has suggestions.

Also what exactly do you tell you congressman. I'm sure it is done in email format but do they really reply to these types of things?

Buda

Google "fmla attorneys in san antonio"! I did just to see if I would get good hits, and sure enough... Best of luck!

If you want to get in touch with your congressman, find their local office. You will end up visiting with a staffer, but as I have had some experience with this, I will guarantee you that they will jump all over this. It is really powerful with government offices i.e., congressional inquiries. They should also be able to get someone in the appropriate agency to make an inquiry to a civilian business as well. One call may be all it takes...

[Show-me]

I can resist, also found this and it has a great Q&A that I need to read.

http://www.dol.gov/esa/regs/compliance/whd/1421.htm

I also found this writen by a lawyer. Excellent info!!!!

http://www.hrtutor.com/en/news_rss/articles/2005/08_16_FMLA_leave_employer.aspx

Unlawful Acts

FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by this law. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.
Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies.


Enforcement

FMLA is enforced by the Wage and Hour Division of the U.S. Department of Labor's Employment Standards Administration. This agency investigates complaints of violations. If violations cannot be satisfactorily resolved, the Department may bring action in court to compel compliance.
An eligible employee may bring a private civil action against an employer for violations. An employee is not required to file a complaint with the Wage and Hour Division prior to bringing such action.

[SkyPilot]

Show-me,

Awesome research! U da man!

[Show-me]

Aw, shucks! :embarrest:

[buda]

Nice work...from perfect strangers...This place is awesome.

I will be hitting the phones next week and shooting out emails to the necessary contacts.

Good thing is that there has been a change in attitude today at her work. I contacted her benefits coordinator regarding the issue and possible avenues that could be options for her in the future.

My Hostage Negotiation Skills got the best of her. I manged to get her to admit (notice I said Her) that it was a form of discrimination and harassment to the younger women juggling a career and a family. I closed by asking her to provide me with a list of the board members including mailing addresses. My wife called me this afternoon and informed me that She had taken her an envelope with my name on it that contained all the information I needed.

She said that the Coordinator (who she has known for about 15 years) gave her a hug and said things were going to work out her. Keep in mind my wife's hormones are.... well lets just remind you she is pregnant.....So she broke down in tears when she hugged her.

So we are going to take this slow, cautious and head on.

buda

[Show-me]

Nice work...from perfect strangers...This place is awesome.

I will be hitting the phones next week and shooting out emails to the necessary contacts.

Good thing is that there has been a change in attitude today at her work. I contacted her benefits coordinator regarding the issue and possible avenues that could be options for her in the future.

My Hostage Negotiation Skills got the best of her. I manged to get her to admit (notice I said Her) that it was a form of discrimination and harassment to the younger women juggling a career and a family. I closed by asking her to provide me with a list of the board members including mailing addresses. My wife called me this afternoon and informed me that She had taken her an envelope with my name on it that contained all the information I needed.

She said that the Coordinator (who she has known for about 15 years) gave her a hug and said things were going to work out her. Keep in mind my wife's hormones are.... well lets just remind you she is pregnant.....So she broke down in tears when she hugged her.

So we are going to take this slow, cautious and head on.

buda

Perfect! You let them know gently that you know the law and are willing to stand up for your rights. You also let them know that you know who pulls the puppet strings, the Board. They do not want the Dept. of Labor breathing down their necks.

Properly documenting the need for FMLA is the key. Keep a journal of everything you ever do about this. Journal are very admissible in a court of law. The USPS has a massive system in place due to the Union so for us all we do is call a 1-800 number and request FMLA leave. That simple! Then we receive a packet in the mail for the Doctor to document and sign off on.

Technically you do not have to tell them the medical condition, but with your wife it should be obvious.

What it really sound like is typical management bluff and lack of information to the employee so they can continue to pull the wool over everyones eye.

I would also keep this private from the co-workers. You know how "talk" and "gossip" goes and you want to stay low on the radar. Slow and cautious is the best approach IMO.

Good luck and tell your wife I am praying for a health baby, a easy delivery, and understanding employer.:D

[SkyPilot]

I will also use this information and pass it on to my wife. She works in education, and they have been denying them Fmla benefits as well. This will come in handy...

Again, great info...

Thanks

[Show-me]

I will also use this information and pass it on to my wife. She works in education, and they have been denying them Fmla benefits as well. This will come in handy...

Again, great info...

Thanks

Google'd teacher fmla and found this HR MB. Might be of interest to your wife.

http://www.ahipubs.com/ubb/Forum1/HTML/010310.html

Have a good weekend. :D

[buda]

Well my biggest concern is that post child doctor care and the Post Pardom Depression can be in issue in after birth care. I know when our first child was born there were complications with the baby requiring surgery at about six weeks. (baby surgery not mom surgery) and let me tell you I was devastated can you imagine how a brand new mother was.

So these types of tactics just dont prove fruitful for a pleasant working enviroment.

buda

[Bullishreturn]

One more thing to consider:

Now that you seem to have the HR person in hand, you should consider the "honey" approach as well as having the vineger ready.

Here is the list of the Board of Directors, and the Manager, from the company's website:

+++++++++++++++++++++++++++++++++++++++++++++++
FELPS Board of Trustees
Because FELPS has a Board of Trustees who make decisions that benefit the local communities, the utility can continue to serve the Wilson County area with a commodity that enhances all our lives. Current Board Members and their term expiration dates include:

BOARD OF TRUSTEES

DANIEL M TEJADA
Trustee - Mayor of Floresville
June, 2006 Ex-Officio

BENNIE F. WOLFF
Trustee - City of Stockdale
January, 2006 December 31, 2009

JOE TOSCANO
Trustee - City of Floresville
January, 2007 December 31, 2010

FRED R. WAUTERS
Trustee - City of Poth January,
2004 December 31, 2007

JESUS C. FLORES
Trustee - Rotating January,
2005 December 31, 2008

SYSTEM ADVISORS
MARLIN TANNEBERGER
Advisory - City of La Vernia
January, 2006 December 31, 2009

GERALD SEKULA
Advisory - City of Falls City
January, 2004 December 31, 2007


Floresville Electric Light and Power System, a municipally owned electric distribution utility, located at 1400 4th street in Floresville, phone number (830) 216-7000, is a cornerstone of the community.

David K. McMillan is the General Manager.

His e-mail address is: dmcmillan@felpsis.net (dmcmillan@felpsis.net)

++++++++++++++++++++++++++++++++++++++++++++++


Here is where the honey comes in.

Contact the local newspapers:

The Floreceville Chronical Journal, 1433 Third Street, Floresville, Texas 78114
phone 830 393-2111. Ask to speak with reporter Kristen Flores.

And also the Wilson County News- 1012 C St • Floresville, TX 78114
Phone: 830-216-4519
Ask to speak with Victoria Dixon.


Tell Kristen, and Victoria, seperately, that you would like them to run a story on the wonderful employer that you have, who is helping your family through the work arrangements under the Family Medical Leave Act (FLMA) that they are agreeing to. That your previous child had problems requiring surgery, but this time, your employer is going to help you out through allowing your wife to take Family and Medical Leave Act family leave to get through this crisis.

That your wife was not sure how she was going to deal with it, but the wonderful benefits HR person looked it up, and now she is going to be able to balance child, job, and home, without jeopardizing her career.

Tell them what a wonderful company FELPS is to work for- a true "conernstone of the community"

Be sure to throw in the name of the general manager, Dave McMillan, who must be a good guy, since he is going to ensure that your wife is going to be able to take the time she needs, and deal with the post-child-birth care.

And that you'd like the paper to do a story before the child is born, and then another one afterwards for follow up, so that everyone in your small community can see what a wonderful company FELPS is to work for.


That ought to do it.

Local newspapers love to do human interest stories, especially about wives, and employers, in the local community. At least one of the two, if not both, will probably be interested in doing the story.

You get the newspaper dogging the story from the get-go, and they'll make good old Dave and FELPS the hero of the story.

It does several things:

1. Puts good ol'e Dave on the spot, to make sure that he treats her well;
2. Publicizes the FLMA for others to follow;
3. Ensures that FELPS becomes known as a good place to work.

And while you are at it, you can clip the newspaper articles they write, and send them to the Board of Trustees, and thank the Board for having such a wonderful, caring program to take care of employees.

Trust me- it works wonders.

[Bullishreturn]

P.S.

I have a good Union rep in San Antonio, if you need any help making that "honey" happen. Just drop me a PM and I'll hook you up with him. He's good.

[Eldritch Flatus]

An eligible employee may bring a private civil action against an employer for violations. An employee is not required to file a complaint with the Wage and Hour Division prior to bringing such action.

My supervisor, who has had to battle false harrassment accusations from employees of questionable merit, says one may bring repeated consecutive private civil action against a person without even retaining an attorney. The sued person will surely always need to retain an attorney, an expensive proposition. Even if you don't show up(lots of good excuses with a difficult pregnancy), he must, or lose the suit. I don't know much about these legalities but I know there have been stranger things occur in our legal system. My super says you can almost turn water into wine with it if you know how and have the cajones!:D:cool:

[Show-me]

The new "Da Man" has entered the thread. ALL PAY HOMAGE TO JAMES DA MAN!!! Can I be your friend?

Excellent idea and research!http://www.aboutgbs.com/forums/style_emoticons/default/cheers.gif (http://javascript<b></b>:add_smilie() http://www.aboutgbs.com/forums/style_emoticons/default/good.gif (http://javascript<b></b>:add_smilie()

[buda]

Great Job Folks......Thanks again.

Spread the Word.

James I will send a PM.

And keep the rest of you posted.

[buda]

For grins my wife asked her supervisor for a copy of the FMLA and forms needed. She was told that "Dave" wasn't too strict about the FMLA and forms wouldn't be needed, also they told her that they didn't have a copy of the FMLA or those forms.

I advised her to get the forms and have her doctor fill them out for her own protection.

It's obvious they A.) Don't know the law or B.) Want to circumvent the law

I will keep you guys posted.

[Show-me]

Please do keep us posted.

[buda]

my wife is getting cold feet but this came out in the news and it reinforced and gave a better understanding that they shouldn't be targeting pregnant women!

http://www.woai.com/news/local/story.aspx?content_id=ea230eaa-0dbf-4a3c-afc1-182b8e3c2456

[Show-me]

I can understand the way she feels. It is a lot of pressure and being pregnant. You know the deal, just be supportive and behind the scenes have your ducks in a row.