FMLA and WORKERS COMPENSATION

[BigUnionGuy]

I have not seen the company try to force an employee on workers comp

to burn their FMLA entitlement.... But, if it is non-work related disability

that falls within the guidelines of FMLA....

And the Contract allows them to do it.


-BUG-

 

[smf0605]

You are right about one thing.... You don't know UPS policies! I can only speak of the Pacific Region and I can tell you that worker's compensation covers job related injuries and illness. At UPS in the Pacific Region, FMLA must be requested by the employee and must be related to a family or personal emergency, condition or crisis that causes the employee to be unable to work. If the employee comes to UPS with a situation, a UPS representative (usually their supv or HR rep) will recommend that the employee request FMLA.

I have personally, seen situations where FMLA was used one day a week to allow the employee to care for a spouse because there was no other reasonable option available.

It's true that worker's comp. covers work related injuries/illnesses, but, FMLA is a federal law and is used at the same time as worker's comp, which is the reason UPS sends a letter to the employee stating such.
FMLA is designed to be used in a number of ways; one can use all 12 weeks in a row, or if the illness/injury requires intermittant time off, that is okay too (the one day a week scenario that you spoke of). Actually, it can be broken down into hours.
It truely doesn't have anything to do with what part of the country you are in, it's federal, which means it covers everyone in the country.

 

[What'dyabringmetoday???]

Can you please give a reference as to where this is stated that the company can do this?? Not saying you are wrong, just never heard of this.

 

[smf0605]

Can you please give a reference as to where this is stated that the company can do this?? Not saying you are wrong, just never heard of this.

Scroll up some. Load Stand pasted the language from FMLA.

 

[Mike Hawk]

It's true that worker's comp. covers work related injuries/illnesses, but, FMLA is a federal law and is used at the same time as worker's comp, which is the reason UPS sends a letter to the employee stating such.
FMLA is designed to be used in a number of ways; one can use all 12 weeks in a row, or if the illness/injury requires intermittant time off, that is okay too (the one day a week scenario that you spoke of). Actually, it can be broken down into hours.
It truely doesn't have anything to do with what part of the country you are in, it's federal, which means it covers everyone in the country.

If it can be broken down into hours, could you work 24 weeks of 4 hour days then, using FMLA for the other half of the day, to retain benefits/some income after you had a kid?

 

[smf0605]

If it can be broken down into hours, could you work 24 weeks of 4 hour days then, using FMLA for the other half of the day, to retain benefits/some income after you had a kid?

Birth of a child is different. FMLA for the birth or adoption of a child is bonding, and that has to be taken consecutively. Apparently you just can't bond 4 hours a day,
Intermittent is meant for medical treatments.

 

[What'dyabringmetoday???]

I must have gotten my information from a different source than you guys. I have never heard of any of the things that are being posted here.

 

[trickpony1]

I must have gotten my information from a different source than you guys. I have never heard of any of the things that are being posted here.

........and the company would prefer that you remain ignorant.

 

[cachsux]

Birth of a child is different. FMLA for the birth or adoption of a child is bonding, and that has to be taken consecutively. Apparently you just can't bond 4 hours a day,
Intermittent is meant for medical treatments.

FMLA for the birth of a child can be taken both ways,you must designate which or both at the beginning of your leave. For example, you take a few weeks off entirely at the time of birth(consecutive),your wife or child had difficulty,you return to work but have to take a day off during the week because other care is unavailable(intermittent).

You may also work 8 hr days and then leave to provide care. In this instant you can use FMLA for the authorization to leave but it does NOT come out of your "bank" of available FMLA time as you are providing the company it`s 8 guaranteed hours of work per the contract. If you leave at 7:59 or earlier you use the difference from your FMLA "bank" until 8 hrs is reached. If you leave at 8:01 you use none, yet still retain your FMLA rights. This applies to ANY approved FMLA situation

 

[cachsux]

I must have gotten my information from a different source than you guys. I have never heard of any of the things that are being posted here.

Here is the official DOL website.

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

 

[Mike Hawk]

How long can you continue working those 8 hour days? If your FMLA is not used up then whats the limit?

 

[What'dyabringmetoday???]

........and the company would prefer that you remain ignorant.

Thank you for the slam, but some of the information being tossed around here is inaccurate. I guess if you question anything here you are ignorant.

 

[trickpony1]

Thank you for the slam, but some of the information being tossed around here is inaccurate. I guess if you question anything here you are ignorant.

After I posted that statement I figured you would take it wrong so let me rephrase it:

.....the company would prefer that WE (the hourly workers and, I suppose, the front line supervision) would remain ignorant.
It is good that you/we question some things as the company will tell us anything they think we are stupid enough to believe.

 

[cachsux]

How long can you continue working those 8 hour days? If your FMLA is not used up then whats the limit?

That would depend on each individuals FMLA needs. It might be weeks for one person,or indefinite for another. For example,if you had a child with a severe disability that required constant care what would you consider the time limit to be to need FMLA to care for that child?

 

[cachsux]

After I posted that statement I figured you would take it wrong so let me rephrase it:

.....the company would prefer that WE (the hourly workers and, I suppose, the front line supervision) would remain ignorant.
It is good that you/we question some things as the company will tell us anything they think we are stupid enough to believe.

When the big FMLA "meeting" took place in our building drivers were taken into the office on an individual basis. Afterwords we spoke between ourselves and found that no two of us heard the same story. That is when we went to the NLRB and,once we got correct information,filed official complaints against the company.

UPS counts on people being naive and uninformed. That makes us easier to control.

 

[Mike Hawk]

That would depend on each individuals FMLA needs. It might be weeks for one person,or indefinite for another. For example,if you had a child with a severe disability that required constant care what would you consider the time limit to be to need FMLA to care for that child?

When is it indefinite? My views on what the proper amount of time is could differ from the company’s.

 

[1989]

I took family leave in 2002. 4 weeks to start then I called in on friday for 2 weeks and got the next 2 weeks off....I could have taken the full 12 weeks.

 

[cachsux]

When is it indefinite? My views on what the proper amount of time is could differ from the company’s.

Like I said it`s different for everyone. You could have a family member with a long term condition,c.p,m.s,downs,etc. Your doctor and other medical specialist will be able to determine what care they need, therapy,doctor visits,etc.

 

[entrado]

First off thanks for the replies, I posted this a couple of days a go but my 2nd child was born premature 10 weeks he still has 8 weeks left in the hospital.

I have been on w/c for 7 weeks that means i have 5 weeks left on fmla. It looks like the co. doc wants me to return to work already! i feel good to return to work, but I need at least 8 more weeks of FMLA some how im going to get it whether they like it or not- they owe it to me!!

 

[cachsux]

First off thanks for the replies, I posted this a couple of days a go but my 2nd child was born premature 10 weeks he still has 8 weeks left in the hospital.

I have been on w/c for 7 weeks that means i have 5 weeks left on fmla. It looks like the co. doc wants me to return to work already! i feel good to return to work, but I need at least 8 more weeks of FMLA some how im going to get it whether they like it or not- they owe it to me!!

Don`t get careless and get yourself fired at a time like this. First I would recommend you apply for INTERMITTENT Fmla leave. It wont get you your 8 weeks but it will allow you to spread out your remaining 25 days (5 days x 5 weeks) over an 8 week or more period. If you can find a family member help out a few days it will let you be there the rest. If they presently have you as "consecutive" Fmla tell them you want to change to intermittent. They have to allow this. This will allow you to take days,hours,even minutes off as you see fit until your available time is exhausted.
As far as them combining your WC and FMLA try calling the local office of the NLRB for advice and to file a complaint if eligible. Your local may be able to help also if they can find past practice of employees on WC NOT having to combine with Fmla. Usually the NLRB is much more effective.

As far as your child,every one of mine were preemies and they all have turned out fine, yours will too.