Unpaid FMLA Leave

[Gilding the Lily]

The 50 or more employees need not all work in the same location. To be eligible for leave, an employee must be employed where there are 50 or more employees employed by the employer within 75 miles of the worksite of the employee requesting leave. An employee will not be eligible for leave if this requirement is not met. This distance is measured by surface miles, using surface transportation by the shortest route from the facility where the employee requesting FMLA leave is employed, over public streets, roads, highways and waterways. If there is not surface transportation available between worksites, the distance is measured using the most frequent mode of transportation -- airline miles, for example.

How many employees are employed within seventy-five miles of the worksite of an employee is determined by the number of employees maintained on the payroll.

 

[NCFL]

FMLA was passed with good intentions, and there are people who need to legitimately use it.

That said, as someone formerly in a position of managing people, it is an administrative nightmare and is abused wildly. I recall one person who specifically calculated her 1,250 hour requirement versus how much FMLA time she had used and could be counted on to be out with the FMLA excuse on Mondays, Fridays and the days prededing and following holidays. When she got close to violating the 1,250 rule, she would come to work like clockwork every day until she built up "reserve time," and then POOF, she'd be out again. And there was not a damn thing we could do about it because her unscrupulous doctor filled out her paperwork. She had a free ride and the ability to thumb her nose at her co-workers who had to pick up her slack as she waltzed out the door. OK, she was too obese to actually waltz, but that's just a figure of speech.

FMLA needs more boundaries to prevent abuse. My wife is a physician and gets bogus FMLA requests from patients every single day. Thankfully, she refuses to sign the papers.

 

[PITbull]

Actually the 50 employees within 75 miles does apply. A number of our airport locations do not have 50 employees and are not within 75 miles of another US Airways work location. Having gone thru this with medical management in Tempe, the CWA and the state agency charged with administering this, I can attest to it. We missed it my 2 miles.

The company personnel manager who denied you the FMLA leave based on where your location of work is with USAirways, Inc, was wrong and you need to file a complaint with "Hour and Wage" asap.

FMLA was passed with good intentions, and there are people who need to legitimately use it.

That said, as someone formerly in a position of managing people, it is an administrative nightmare and is abused wildly. I recall one person who specifically calculated her 1,250 hour requirement versus how much FMLA time she had used and could be counted on to be out with the FMLA excuse on Mondays, Fridays and the days prededing and following holidays. When she got close to violating the 1,250 rule, she would come to work like clockwork every day until she built up "reserve time," and then POOF, she'd be out again. And there was not a damn thing we could do about it because her unscrupulous doctor filled out her paperwork. She had a free ride and the ability to thumb her nose at her co-workers who had to pick up her slack as she waltzed out the door. OK, she was too obese to actually waltz, but that's just a figure of speech.

FMLA needs more boundaries to prevent abuse. My wife is a physician and gets bogus FMLA requests from patients every single day. Thankfully, she refuses to sign the papers.

Perhaps your doctor wife knows that their illness does not meet the criteria for FMLA. I would speculate that the person you refer to above who has morbid obesity may have more medical problems than you will know, and just may need off 12 weeks.

The law was written because so many corporations abused their employees who were ligitamently sick, pregnant and would lose their job for serious illness. Corporations see employees who become ill as liabilities and want to move to terminate asap, leaving the employee with no healthcare, no job and out on the street with no prospects of getting a new job while ill.

I had to threaten U with EEOC in order for them to stop terminating employees for serious illness, who were ususally older aldults. I testified at an EEOC hearing last year and it was not a U employee. This individual was diagnosed with MS and her co. terminate while she was in the hospital receiving IVprednisone treatment to stop the exacerbating effects. She had me call her employer to ensure he knew that she was in the hospital and that she would be returning after 1 week of rehab. I also wrote it in a letter with her signature and had it certified while she was in the hospital because I didn't trust him when I spoke to him. She has used FMLA days 5 months prior for a back surgery and used up her FMLA days. So, I believe her employer siezed the moment to terminate without thinking that a non-labor employee would challenge the termination to the EEOC. He was stupid enough to terminate her and I nailed him in at a hearing as a witness and testified against the company.

Its been 14 months since her termination and the EEOC and the company are working out her settlement and job return.

 

[JAXPax]

The law was written because so many corporations abused their employees who were ligitamently sick, pregnant and would lose their job for serious illness. Corporations see employees who become ill a liability and want to move to terminate asap, leaving the employee with no healthcare, no job and out on the street with no prospects of getting a new job while ill.

At my company, we have an employee who is taking FMLA, but doing so on a day-by-day basis due to a family member with a long-term illness. How can one guarantee they are taking each day for legitimate reasons?

 

[PITbull]

At my company, we have an employee who is taking FMLA, but doing so on a day-by-day basis due to a family member with a long-term illness. How can one guarantee they are taking each day for legitimate reasons?

The probability of an employee who is taking care of someone terminal on a day to day basis, is doing just that. If you ever had to take care of someone terminal, you have no time or inclination to go out on the town, or run around and vacation. Most days are filled with doctor appts. chemo, and giving comfort measures to an individual who has met "end stage disease" criteria.Being able to cope, use tolerance, sensitivity and compassion is a task on a daily basis. The caregiver has to ensure they don't fall ill from lack of sleep, anxiety, and exhaustion in most cases.

There are many millions of older adults who can not afford nursing homes, or home care nurses. They soley rely on their family member(s) for complete care and/or to transport them to doctors appts etc...

 

[Bear96]

The company personnel manager who denied you the FMLA leave based on where your location of work is with USAirways, Inc, was wrong and you need to file a complaint with "Hour and Wage" asap.

PITbull, what are you talking about? This certainly is a requirement to be covered by FMLA. From the U.S. Department of Labor website:

(a) An ``eligible employee'' is an employee of a covered employer
who:
(1) Has been employed by the employer for at least 12 months, and
(2) Has been employed for at least 1,250 hours of service during the
12-month period immediately preceding the commencement of the leave, and
(3) Is employed at a worksite where 50 or more employees are
employed by the employer within 75 miles of that worksite.

(P.S. It's "wage and hour," not "hour and wage.")

FMLA Requirements

 

[PITbull]

PITbull, what are you talking about? This certainly is a requirement to be covered by FMLA. From the U.S. Department of Labor website:
(P.S. It's "wage and hour," not "hour and wage.")

FMLA Requirements

Let "WAGE and hour" folks determine if the employee qualifies for FMLA. I recommend he contact them asap.

 

[Bear96]

I see your inner 700UW is showing its head. Can't admit you're wrong, even when confronted with the plain language of the statute.

 

[JAXPax]

The probability of an employee who is taking care of someone terminal on a day to day basis, is doing just that. If you ever had to take care of someone terminal, you have no time or inclination to go out on the town, or run around and vacation. Most days are filled with doctor appts. chemo, and giving comfort measures to an individual who has met "end stage disease" criteria.Being able to cope, use tolerance, sensitivity and compassion is a task on a daily basis. The caregiver has to ensure they don't fall ill from lack of sleep, anxiety, and exhaustion in most cases.

There are many millions of older adults who can not afford nursing homes, or home care nurses. They soley rely on their family member(s) for complete care and/or to transport them to doctors appts etc...

I understand what is involved having had this occur in my own family, and my mother has worked for hospice as a volunteer home health aide for years.

But where can you make a distinction if you think the person may be abusing it? What if they question staffing levels and if it looks like they're going to have a very busy shift that usually coincides with a call back saying "I'm taking an FMLA day." Or if the holidays where they get a holiday bonus for working (and if they work the entire rest of their shifts that week) suddenly they don't need any days for that period. Not to discount anybody's situation (and sorry if this sounds like hijacking the thread) but these are real issues managers have to deal with.

On another matter, if you have a long term FMLA leave.... what is the legality of the company adjusting your shift so that your absence has lesser impact? We've had another situation where a past employee who was a supervisor (by themself on an overnight shift) had day-to-day FMLA and would frequently excuse themselves from the overnight shift right before it began, usually extending the previous supervisor into a 15 hour marathon. I see it both ways... not fair to impact the employee in a manner that may seem like punishment, but what about the impact to the employee's coworkers?

 

[delldude]

But where can you make a distinction if you think the person may be abusing it? What if they question staffing levels and if it looks like they're going to have a very busy shift that usually coincides with a call back saying "I'm taking an FMLA day." Or if the holidays where they get a holiday bonus for working (and if they work the entire rest of their shifts that week) suddenly they don't need any days for that period. Not to discount anybody's situation (and sorry if this sounds like hijacking the thread) but these are real issues managers have to deal with.

On another matter, if you have a long term FMLA leave.... what is the legality of the company adjusting your shift so that your absence has lesser impact? We've had another situation where a past employee who was a supervisor (by themself on an overnight shift) had day-to-day FMLA and would frequently excuse themselves from the overnight shift right before it began, usually extending the previous supervisor into a 15 hour marathon. I see it both ways... not fair to impact the employee in a manner that may seem like punishment, but what about the impact to the employee's coworkers?

No matter how you feel this affects you and your co-workers...its law signed into being under the Clinton administration.No matter how it affects the workplace,it is approved time off only with a qualifying condition approved by a medical doctor.

And if it isn't your own sickness...at U,forget about using your sicktime.

 

[Awa Contract]

On the west side we can use sick time to care for family at least until the transition agreement

 

[lostplanetairman]

Let "WAGE and hour" folks determine if the employee qualifies for FMLA. I recommend he contact them asap.

A company can choose to be more generous than the law. But the law provides that no company is required to offer FMLA to employees unless they have 50 employees within a 75 mile radius.

The "wage and hour folks" are not really well informed--in my years of experience, they are mostly low paid government workers who don't know the laws. I would not trust them, if it were my livlihood on the line! But what do I know?

HRDiva

 

[delldude]

On the west side we can use sick time to care for family at least until the transition agreement

didn't know that....Thanks for clarifying.

 

[john john]

On the west side we can use sick time to care for family at least until the transition agreement

Things have changed at the NEW USAirways

http://www.fhsolutionsgroup.com/showconsultant.aspx?Show=45
A recognized expert in labor relations with extensive experience as a negotiator, advisor and analyst, Jerry has served as chief negotiator for more than 80 different labor agreements in the airline, railroad and manufacturing industries. He has dealt with some of the most complex and difficult issues facing corporate America including defined benefit, retiree medical, lost time (sick leave, FMLA, disability, worker’s compensation) and health and welfare issues. He has also advised clients on negotiation strategies and contract proposals, and has extensive experience in conducting comparative studies of various industry agreements, including pay, practices and procedures and benefit plans. In addition, Jerry has provided industry analysis on labor negotiations and settlements for investment banks, financial services institutions and other non-airline companies. He has also represented investors and corporations in mergers and acquisitions in several industries, with primary responsibility for conducting due diligence on labor issues, negotiating consolidated collective bargaining agreements involving several companies, and advising merged companies on overall labor and employee relations strategy.

 

[NCFL]

I would speculate that the person you refer to above who has morbid obesity may have more medical problems than you will know, and just may need off 12 weeks.

Then how do you explain the fact that ALL of her "sick" calls were adjacent to weekends or holidays when our office was closed? She no more had medical problems than I have 7 toes. I know it's futile to argue with you, Pitbull, but deep down inside you have to know that there are those that take advantage of a well-intentioned but poorly executed law. Just as I know there are many people with legitimate, perfectly valid reasons for using FMLA.