Fmla Disparity

[9lives+1]

I need some help in understanding why some employees of USAirways are being
rejected intermittent FMLA for legitimate chronic ,lifelong medical illnesses that are
under doctors care. There seems to be various reasons that I'm not sure is fare
or legal. I have been in contact with the Dept. Of Labor,but no reply as of yet. I
have some questions.
1. Is it true the IAM won't get involved because it is not a contractual issue?
2. Is it true that nurses are making decisions as to weather they are approved?
3. Does the CWA have a class action law suit against the company for violation
of FMLA rights.
4. What is the formal process the company use's for approval?
5. Are other labor groups having similar problems?

I realize there is abuse by some so don't go there. Any comments would be
appreciated.
Thanks"a friend of Bill W."

 

[700UW]

The IAM grievance committee in CLT is involved and is helping anyone that seeks it.

And yes the company is giving every working group numerous problems with FMLA.

Yes it is a nurse that is making the decisions.

 

[9lives+1]

700uw
I'm new to this forum so I'll probably make mistakes.
I'm also an EMT and i believe these nurses are going out of their scope of
training and diagnosing which is illegal. Is anybody in PIT local involved?

 

[700UW]

I can't speak for PIT but I do know it is a system wide problem.

The company is just hoping if they reject you enough that you will give up.

If you are rejected ask the company specifically what is wrong, give that information to your DR and go from there, a lot of times it takes your Dr speaking to the company medical dept to get it worked out.

 

[bobcat]

9lives+1

Do a search of "FMLA" or "Family and Medical Leave Act". You will find anything and everything that you could possibly want to know about Family Leave. Everything is outlined and you will find most of the answers to your questions.

Just about everything that management is doing in Reservations is ILLEGAL and no one is doing a darn thing about it. They are breaking the law in every way possible with no repercussions.

They are turning down just about everyone and putting employees that really need FMLA through hell to get it. Everyone that has been turned down needs to take the time to read the "Act" and do something about it. A while back a flight attendant posted on this board that NO one gets turned down in that work group. Why the big difference? Something has got to be done.

As far as a class action law suit...yes there is one but that could go on for years and years. There are other things that can be done but, everyone involved needs to do their homework on the issue and do what it takes to stop US from denying FMLA when they legally can't.

From what I have heard there is a nurse that denies Family Leave. What right or knowledge she has to that is beyond me. If a doctor says you need Family Leave then what right should a nurse have to say you don't.

We all need to do something and fast!

 

[pitguy]

PIT has no one involved. The company does what they want here to the Mechanics and Related. It is like having a company union in allot of ways. This is just another example of the hostile work conditions and another reason why no concessions will be approved by the Mechanics and Related.

 

[delldude]

PIT has no one involved. The company does what they want here to the Mechanics and Related. It is like having a company union in allot of ways. This is just another example of the hostile work conditions and another reason why no concessions will be approved by the Mechanics and Related.

try contacting your grievance commitee...usually all it takes is phone call to renee minutello.

 

[Direct]

If you have problems with FMLA leave contact the DOL and file a complaint. It will be investigated and costs you nothing.

I have heard Renee Minutello's name mentioned in Maintenance and have heard she is very knowledgeable and fair in resolving issues, though she won't give the store. Coming from management, there's not too many good folks like her around.

 

[Tim Nelson]

FMLA is your civil right. If you complete your responsibilities and file a legit FMLA request AND the company denies it..it breaks the law. AND provided that you
call-in intermittantly anyways AND get disciplined for it or possibly terminated, then you can go to court to protect your rights and sue for damages. The DOL might be a part of that process before filing a civil suit but talk to your attorney.

However, it seems to me that an attorney might not get involved unless there are damages by you taking it to this limit. Damages could come from certain disciplines that involve lost pay.

Another path might be to go to your local shop steward who went to a two-bit seminar course dealing with FMLA. This process could take months or not even be resolved at all. Occasionally they are met with success so it does provide some hope of resolution.
My understanding is that the IAM has not dispatched professional staff to sue your company over any alleged fmla breaches, but one thing is for sure, there are FMLA elements in your contract that can be grieved if violated. Again, it could take months and then it may be too late.

As a side, one member from PHL who had enough of the union's smoke blowing went to his senator who fired away a letter to your company. The matter was resolved and the employee received his FMLA in a 'timely' manner.

regards,

 

[cavalier]

As a side, one member from PHL who had enough of the union's smoke blowing went to his senator who fired away a letter to your company. The matter was resolved and the employee received his FMLA in a 'timely' manner.

regards,

That's about what it takes.

This management is breaking federal law calling it ok under the guise that FMLA is being abused. They became the doctor via a department with a nurse who overrides your doctor’s orders; this is also going on with sick calls. It has become a hostile work environment with managers and foremen running scared because they are being threatened with their jobs if they don't follow thru with these tyrannical policies.

This and a lot more valid reasons are why concessions are out of the question and why this airline will likely fail.

 

[pitguy]

try contacting your grievance commitee...usually all it takes is phone call to renee minutello.

I hear rumblings of people whom have contacted the union office and had minimal support from them. This could be one reason why the election outcome was decided by the retirees.

 

[delldude]

I hear rumblings of people whom have contacted the union office and had minimal support from them. This could be one reason why the election outcome was decided by the retirees.

do you know where the union office is located?

 

[pitguy]

Yes, but allot of times no one is home.

 

[9lives+1]

Thanks for the replys so far. I'm attempting to compile as much info as possible so that i may be of help to fellow employees. I have no FMLA issues and have a current copy of the law. I see some injustices happening that just aren't right. I can't prove anything just yet but in my opinion the company is finding loopholes and giving applicants a hard time. Their interprutation seems to be different than what the intent of law explains. Of coarse the legal dept. probably has something to do with this. The company has a bigger purse than most employees,so it is hard to fight. As far as the dept. of labor is concerned,I'm going above the people in charge. They have a hard time investigating.

 

[4merresrat]

Thanks for the replys so far. I'm attempting to compile as much info as possible so that i may be of help to fellow employees. I have no FMLA issues and have a current copy of the law. I see some injustices happening that just aren't right. I can't prove anything just yet but in my opinion the company is finding loopholes and giving applicants a hard time. Their interprutation seems to be different than what the intent of law explains. Of coarse the legal dept. probably has something to do with this. The company has a bigger purse than most employees,so it is hard to fight. As far as the dept. of labor is concerned,I'm going above the people in charge. They have a hard time investigating.

I guess it comes down to is it a major or catastrophic illness. Alot of employees want it so they can have flexible schedules. I have a hard time believing if it is legite, and documented they would turn it down.