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

[Teamster]

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?

I was on FMLA one Christmas and my contract says the same thing. I did not get the holiday pay because I was on FMLA the day before and after the holiday. I called my BA and he said that was right and nothing I could do about it. You can miss the day before and or the day after as long as that day is paid. Vac, Sick Day, Funeral ect...FMLA is no holiday pay. Also while on FMLA they can force your vacation on you on the FMLA days that you take off.

[WestCoast]

Originally Posted by 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?

I think what's most alarming with this post is, why are your co-workers, using FMLA time, for back injuries? This is a Workers Compensation issue. These workers are placed at a higher risk, because of being subjected to these conditions, more so than the average worker, i.e, higher propensity for incident due to the cold/damp work climate, 40+ hours per week. The beauty of Workers Comp, is that in general, the employer accepts the worker as the worker, with all pre-existing injuries. If an employee, had a back injury, 5 years ago, and the employee worked, lived a full life, didn't have to go the Dr. for treatment, then, from repititive motion, (lifting/bending) aggravates a pre-existing injury, then the aggravation is compensable under Workers Comp.

Too many times, I have heard workers state, that, any aches/pains, re-aggravated at work, stem from old injuries. That is incorrect rational. Any ache/pain suffered at work, performing work, is a Workers Compensation issue.

I could even go into detail, of how, aches/pains, felt at home, hours after a shift are concluded, are compensable. These fall under "Repititive" injuries. Where, one can't point to a single significant act which caused the injury.

Just off the top of my head, working in the cold/damp for 40+ hours a week, can lead to an early on-set of arthritis. Let's say a worker develops shoulder pain from constant, repititive overhead lifting in 34 degree, conditions. An MRI concludes that the employees shoulder is arthritic. We're all arthritic. It's an Insurance cop-out. My point is that, the arthritis was aggravated by constant repititve lifting, in near freezing conditions. And is a Workers Comp issue. Why should any worker eat the bill, for injuries, re-aggravations sustained from employment? Arthritis, applies to ones entire body, head to toe. In the spine, it's called disc descication (sp?), or something like that, refers to the drying up of the discs.

In Conclusion, In My Opinion, your issues are Workers Comp Issues. This post is not meant to be Legal advice. You need to contact a Workers Compensation attorney, in your state, to further clarify, the state laws which apply to workers in your state. Direct all specific questions/legal advice to your attorney.

Here's a good place to start:

Find A Lawyer, Attorney, Law Firms and Attorneys - Lawyers.com

Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw

Lawyers.com, you can find state specific issues addressed, for your state.

Finally, only a Liscensed Attorney can give Legal advice.

[WestCoast]

After seeing that you're a member of Local 135, Indiana. & without going and researching, I can state, that, Indiana has some of the worst Workers Compensation laws in effect.

For example: You must treat with/recieve whatever treatment is deemed necessary. You literally have no choice. For crying out loud, it's your body, and you can't decide. Also the paydays are much lower. But I guess any payday is better than no payday.

From my earlier post, just wanted to clear up one thing. Too many times, people in general, are too quick, to label aches & pains from their previous years. What I'm saying is yes, most folks do have aches & pains which can be attributed to some earlier incident. However, do not immediately conclude that whatever happened previously is the cause. The human spine has 25 Disc levels, which, each of the 25 has some similiarities in pain, however, each disc performs its own body function.

Another common mistake/diagnosis, is that back pain is from "muscular" origins. That's a crock.

If your back is bothering you only a Liscensed Orthopedic/Nuerologist/Nuero Surgeon can make an appropriate diagnosis.

There could be a thousand reasons why ones back hurts. Just don't eat the costs by copping FMLA, if it's really a Workers Compensation injury.

[dc428]

Thanks for the information WestCoast. I have to agree Workman's Comp sucks in Indiana. My employer uses a doctor that sends you back to work even when you are not fully recovered from an injury. For example: there was a friend/co-worker who had a chep pallet (weighs about 50 lbs) loaded with plastic trays full of meat fell from 20 feet out of the racking onto him. He had to be airlifted to Indianapolis and spent multiple days recovering. The company pushed him to come back to work even though they knew he was not fully recovered. Everyone knew it was a crock, but in a state that favors the employer on Workman's comp injuries what can you do??