Fired!?! Is This Really Happening? (long)

mtmnba

Newbie
Sep 9, 2005
3
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My life has become a nightmare.

A "friend of mine" (ahem) who has 20 years with the company has a documented serious illness and has applied for and received authorization for PCL (FMLA reduced program). This illness started about 5 years ago, and when it flares up, it is BAD.

Every year, the company requests PCL/FMLA forms, and every year, the company makes her jump through hoops while seriously ill to get approval for the leave. She has talked to other employees here and there in passing who have had the same experience-fighting over FMLA approval with the company.

This year has been particularly bad for "my friend". (Left an abusive marriage, divorcing. Ex husband drained the accounts and savings is $0-apartment building is being sold and employee needs to be out by 11-01, but can't find another apt because NO INCOME-and finally, best friend took her own life in March.)

Anyway-This Year, after submitting documentation, asks company rep who docs are faxed to to call if any other info is needed.

Employee takes PCL and starts the nightmare of adjusting medications. If anyone has ever been through this, they know what I mean by "nightmare". Sometimes the meds do the opposite of what they are supposed to, and patient gets worse. Often, the patient with this illness lies in bed, comatose, for days or even weeks at a time.
My friend has not left the house in 9 days.

Hospitalization is an option, however, this has been done in the past, and it is basically the same treatment regimen (adjusting meds) except with bad food and higher costs. Last hospitalization cost employee over $1500 in deductibles, and once again, employee has NO INCOME now.

Meanwhile, the company sends a letter to employee requesting additional documentation. Even though the illness/documentation is the same as every other year-same illness, same everything. Even though right after submitting docs, employee asked company to call if anything else was needed.

Company does not call, supervisor does not call-just one letter requesting additional info. Being too sick to read mail or even feed herself until the new medications kick in, employee responds by calling the number on the letter, apparently after the "due date" of requested docs.

Finds out she has been put on UNAUTHORIZED LEAVE. And, that she has exceeded her FMLA/PCL benefit for the year.

Her doctor submits "the additional info" requested, and speaks with the person apparently in charge.

Long story short, the company is going to fire employee if employee does not go into hospital, and probably even if employee does.

Employee has no income, no savings, and is seriously ill. Family cannot help.

She loves her job-but she's just too sick to do it right now.

Can the company just throw an employee who has been a dedicated worker and good employee with many years of excellent service prior to her illness out on the street?

Do you know of any other employees this has happened to?

What did they do?

Any sliding scale or free health care in the CCY area?

Any media contacts?

Someone help, please.
 
well, while not a USAIrways employee, having been a manager for a company in a different sector completely, we were always told STRICTLY to interpret FMLA regulations from the federal government. If we "felt sorry" for someone and "let the person slide" then the next person could potentially claim discrimination if the next person were not given exactly the same treatment. I was told to go exactly by the book for absolutely everyone in case of discrimination lawsuit or investigation. It sounds as though your friend is suffering due to the lawsuit-crazy environment of this country.
 
First off, this f/a needs to contact her local rep asap is she/he is not PIT based. If she/he gets no advice or help, even if she/he is not PIT based, then call PIT Local 724-695-3329 anyway. The Officers there will absolutely get resolve.

If this f/a has a serious health condition and has ran out of job protectecrf FMLA/PCL time, then, section 20 of our contract kicks in. She now applies just for a medical leave of absence and fills out just that documentation. she also needs to apply for LTD ASAP. Long Term Disability paperwork comes from Inflight. Ask for it to be sent to her home. Or the Local can call inflight on her behalf if she/he is unable. Get it filled out by the f/a and the physicisan if her condition is disabiling, and submit. It may take a month but the will retroact this pay back to when she first went out. There is a 120 day wait, however, it sounds like she has already passed this 120 day wait period (stupid rule for LTD).

Please do f/u. Qualifying, if having the documentation, is not difficult. And if she needs the assistance, again, contact the Local office for some guidance.
 
I would call my state's attorney generals office and the state's employment commission and explain the facts. They will not charge anything and could help. It will not be fast help but long term it might help. Also contact your local state senator and fed. senator and representive. It helps sometimes, sometimes not, depends on the person in office. Sign up for food stamps and unemployment insurance and any other aid your state can give so you have something coming in. Good luck !!
 
In order to collect UC benefits you must ba available for work.

This f/a is off on a medical leave and needs LTD.

My advice, contact your local union rep.
 
I wish this person the very best of luck. I hope that he/she gets well soon. My own advice would be to call the union rep, or the attorney or even a rep of the state and may be they can clarify it.
 
I'm sorry your "friend" is having such a difficult time.

FMLA protects your job for 12 weeks for a serious health condition, whether it is taken in full weeks or intermittently for treatments. CBA's may have additional protections. Various state laws may have additional protections (you don't say what state she works in). And if she has LTD, she should apply for that too.

I don't understand the part about firing her unless she is hospitalized. Can you explain that further please?

FMLA is enforced by the EEOC (www.eeoc.gov). The requests for documentation may NOT exceed what is allowed by the law. Without knowing the specifics, I could not answer to that.

Depending upon her condition, she may also be covered by the ADA. That is also enforced by the EEOC and most state laws prohibit discriminatory actions due to a disability.

PM me if you'd like. Human Resources is my profession and I specialize in employment law.

HR Diva

PS, Most LTD policies have a 180 day waiting period because STD policies cover the first six months. And most are bundled with STD policies.
 
The f/a is covered under our CBA. She needs to tap on this.

Our LTD wait is 120 days, but if she has been off, she has already met that criteria. We also have sec. 20 if she has exhausted her FMLA time.

There is no need for EEOC or ADA unless she is wrongfully terminated. What I perceive from the original post is the f/a is on unpaid medical, broke, exhuasted her FMLA and now is on an unathorized leave because of inadequate documentation.

The Locals deal with this on a daily basis. PIT Local will intervene, just need the f/a or friend to contact the local.
 
PITbull said:
The f/a is covered under our CBA. She needs to tap on this.

Our LTD wait is 120 days, but if she has been off, she has already met that criteria. We also have sec. 20 if she has exhausted her FMLA time.

There is no need for EEOC or ADA unless she is wrongfully terminated. What I perceive from the original post is the f/a is on unpaid medical, broke, exhuasted her FMLA and now is on an unathorized leave because of inadequate documentation.

The Locals deal with this on a daily basis. PIT Local will intervene, just need the f/a or friend to contact the local.
[post="298308"][/post]​


OK, so have her just contact the union. After all there is no need for the advice from someone who is an expert in the field. You know your business and I know mine. But if you would prefer a member to not avail herself of all resources, sobeit.

By the way, the ADA is a law, not an agency.

My offer of help for her "friend" still stands. I can help from the legal side and the union can help from their side.

HR Diva
 
Yeah I've been through all this BS before. I've found that it helps to overwhelm the evil people in charge such as the manager of disability managment services david witfield rn. Numerous phone calls e-mails etc. usually begin to get his attention.
 
She better make sure about going in the hospital because they will call her to let her know her punishment. They have no shame.
 
lostplanetairman said:
OK, so have her just contact the union. After all there is no need for the advice from someone who is an expert in the field. You know your business and I know mine. But if you would prefer a member to not avail herself of all resources, sobeit.

By the way, the ADA is a law, not an agency.

My offer of help for her "friend" still stands. I can help from the legal side and the union can help from their side.

HR Diva
[post="298316"][/post]​
I would take up HR Diva's offer. Family leave is a typical federal document that is clear as mud. :blink:
 
As a trauma nurse my suggestion would be...and I know it's NOT the enviroment your friend WANTS to be in...BUT she truly NEEDS to consider going into the hospital until her meds can be regulated. One of the things we E.R. nurses HATE to have come thru the door are those patients on a med regulating programs. IF (and GOD forbid) something extreme happens with one or more meds and she winds up taking a trip to the local E.R. the first brick wall we run into is having to track all the meds a patient is on, how long they have been on them, what were they taking prior, how long had they been on that, and what other treatment are they receiving. Makes for ALOT of unneeded "footwork" And that is time that NEEDS and SHOULD be spent taking care of the patient themselves. And as you mentioned alot of meds do, do the total opposite of what they were perscribed for, everyone reacts to meds differently...hence my saying she REALLY NEEDS to re-think her position on being at home during this time.
And yes, I understand the finacial position she is in. And yes, I even have to agree the food sucks at times. :D BUT like I said IF something was to go south she is at least right where she needs to be. Being at home and having to get to the hospital, your wasting precious minutes of time. The first few minutes are ALWAYS the most critical.
 
T-bone said:
Yeah I've been through all this BS before. I've found that it helps to overwhelm the evil people in charge such as the manager of disability managment services david witfield rn. Numerous phone calls e-mails etc. usually begin to get his attention.
[post="298328"][/post]​
You're correct. They are "pure evil".

I have had dealings with this almost exact situation personally as my wife has major health issues. They gave me all kinds of hurtles to jump when I applied yearly for FMLA. I gave them the name and address of my attorney telling them he would intervene and suddenly all the problems resolved overnight.

As for calling the union, that union in my case would have been the IAM and in that case absolutely NO HELP would be forthcoming, they were and are totally clueless in that area.

People do have serious issues to deal with in life. The people put in charge of overseeing FMLA issues were put there by a ruthless heartless pure evil management team who made sure that their clones duplicated their beliefs and practices.

Someone should write a book about life dealing with the policies and practices invented by a vermin infested management team, it would make a good horror movie.

May God see to it they get their “just reward“, each and every one of them.
 
Ironic Curt.

The IAM in CLT have helped numerous members with FMLA, even have a FMLA Committee set up at the local lodge which has benefited the members immensely, even have a great re pore with the local DOL contact.
 

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