FMLA in the Union Workplace..

[dc428]

I work in a cold storage warehouse that provides perishable food distribution to a very large grocery chain. We have 500 Teamsters that operate lift equipment, load refrigerated trailers, select orders, and keep the warehouse clean. All employees are exposed to cold temperates for up to 10-12 hours per day 4-7 days a week. The company has a poor attendance policy. Most employees at my work have Intermittent FMLA and use it when they need it for a variety of reasons but mostly for back problems. The company recently outsourced the FMLA to a third-party company, the company has been sending letters to certain employees asking them to re-certify for FMLA. Although their FMLA has not expired. The new company tracks the FMLA hours and handles all forms and issues pertaining to FMLA. Is this happening at any other work places? What rights does the employee have?

I have heard that the Federal DOL is working to change the FMLA laws to favor the employer has anyone heard anything about this?

[Pullin3]

This site has a lot of links to loads of questions. I was hounded on FMLA when I was on it for about two years. The company will keep track of hours and days taken, cause they don't want to give you one more minute than is necessary.

When I was on it, they could, and did re-certify me many times. It was legit so it just cost them more money each time. At the time, the employer can re-certify you or your family member as many times as they'd like.


U.S. Department of Labor: Compliance Assistance: Family and Medical Leave Act (FMLA)

[dc428]

Can an employer not pay an employee holiday pay for using FMLA?

Our contract holiday pay policy states: To receive holiday pay, employees must work their last scheduled shift before the holiday and the first scheduled shift following the holiday.

If I was on funeral leave or sick leave I would be paid my holiday pay. How is FMLA any different?

[Pullin3]

Originally Posted by dc428

Can an employer not pay an employee holiday pay for using FMLA?

Our contract holiday pay policy states: To receive holiday pay, employees must work their last scheduled shift before the holiday and the first scheduled shift following the holiday.

If I was on funeral leave or sick leave I would be paid my holiday pay. How is FMLA any different?

We had a big battle with that here. The outcome was since FMLA is an approved absence, then the holiday is paid because it is excused. It is treated like any other FMLA day, regardless of being on either side of a holiday.

Did I word that OK? I'm not sure if I understand it myself.

[dc428]

You made it very clear brother. I should file a grievance on it and then fight them for my money. I think it is an excused absence as well. I'm contacting the Federal DOL on it to get their feedback. But i'm glad we think alike.

[Pullin3]

Originally Posted by dc428

You made it very clear brother. I should file a grievance on it and then fight them for my money. I think it is an excused absence as well. I'm contacting the Federal DOL on it to get their feedback. But i'm glad we think alike.

Not to deter you, but I had government agencies tell me that when a labor agreement is involved, some protection rules are out the door.:o