Thread: Fmla

Originally Posted by 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

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 and my Scream'n Shrink'n Wallet tomorrow.

Originally Posted by 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

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...

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/a..._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.

Show-me,

Awesome research! U da man!

Aw, shucks!

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

Originally Posted by 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

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.

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

Originally Posted by 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

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.

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

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

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


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.