Out w/Injury, Missed My Vacation:?

[vantexan]

Now how in the hell does somebody get hurt at Fed Ex did a (d I l d o)fall out of an envelope and land on there foot

We handle a lot more boxes than a UPS driver does. That's right, we run a sort, unload tons of boxes, load our own trucks while doing it. None of this namby pamby handler stuff.

 

[KOG72]

We handle a lot more boxes than a UPS driver does. That's right, we run a sort, unload tons of boxes, load our own trucks while doing it. None of this namby pamby handler stuff.

 

[Route 66]

You guys drive cargo vans under 10k. Basically large SUVs, these aren't tractors.

The cargo van I drive has 14 wheels and weighs well north of 10k. Doesn’t look much like a SUV

That’s really irrelevant though. Refer to Dano’s post

 

[59 Dano]

And not displaced.

Never said otherwise.

 

[!Retired!]

They don't keep you off road for your safety or legal reasons, it's something else. I've been through this many times with many different injuries. If a doctor clears them to drive they can drive, lifting restrictions won't keep someone off road.

No, safety and legal ARE the reasons. You said it yourself...once a doctor CLEARS you, you go back on the road. If you have ANY restrictions, you don't go on the road. A doctor can say you can drive, but not lift more than X lbs. The lifting restriction is enough to keep you off the road. This was what happened in my case.

I've been curious how the 45-day rule works as well. We have one courier who's been out over 18 weeks on the calendar yet the route still has not been posted for bidding.

Also, how are the 45 days measured? Scheduled work days? Calendar days? I'm looking at possibly scheduling a surgery for myself at some point and need to factor this in.

Calendar days. That couriers route should have gone up for bid a long time ago. Read my previous post, you'll see how mine went. I did have one thing on my side. Being that PEAK was coming up, it was in the their best interest not to have to train someone on my route AND have me train on another route. I went back to full duty 2 weeks before Christmas giving me time to get back 'into the swing'. 2 months of doing NOTHING takes its toll on the body.

Please tell me where this policy is so I can read it.

Keyword: People Manual....the first line says it all. As long as you are approved for disabilty or WC, you do not have to use your time off (personal days, floaters and vacation)
1-8 Leave of Absence (Medical)—Operations Hourly and Step Progression
Paid Leave An employee must take a paid leave for his own serious health condition if he is not receiving workers’ compensation or short term disability benefits and he is eligible for pay under 1-4 Medical Absence Pay Period—Exempt and Staff Hourly, 1-5 Medical Absence Pay Period, 1-7 Medical Absence Pay Period—Operations Hourly and Step Progression, or if he has available paid leave under 1-10 Personal Days, 1-15 Vacation for Nonexempt Employees, 1-16 Vacation for Exempt Employees, or 1-25 Holidays. However, an employee may elect to retain the equivalent of up to five days (i.e., 20 hours for part-time employees or 40 hours for full-time employees) of available vacation time for use during a non-FMLA protected period. If paid leave is not available, or the employee elects to retain permissible vacation time for use during a non-FMLA protected period, leave for an employee's serious health condition will be unpaid.

They may be able to bid your route after 45 days but not your position. That would be against FMLA laws. I was told if you come back before 90 they have to offer you another route with the same schedule.

True...though, I'm not sure about the same hours part. Maybe DANO can clarify that.

Now how in the hell does somebody get hurt at Fed Ex did a (d I l d o)fall out of an envelope and land on there foot

Let's go take a ride on my old route....85 lb airplane batteries, 100+ crates was the norm.

 

[Nolimitz]

We handle a lot more boxes than a UPS driver does. That's right, we run a sort, unload tons of boxes, load our own trucks while doing it. None of this namby pamby handler stuff.

your not even part of the WE anymore. more like a has been.

 

[MAKAVELI]

True...though, I'm not sure about the same hours part. Maybe DANO can clarify that.

I'm pretty sure that would fall under other terms and conditions of employment.

Fact Sheet - Wage and Hour Division (WHD) - U.S. Department of Labor

Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. See Fact Sheet 28A: Employee Protections under the Family and Medical Leave Act

 

[MAKAVELI]

I'm pretty sure that would fall under other terms and conditions of employment.

Fact Sheet - Wage and Hour Division (WHD) - U.S. Department of Labor

Upon return from FMLA leave, an employee must be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. See Fact Sheet 28A: Employee Protections under the Family and Medical Leave Act

Just looked it up and yes scheduling is protected.

Fact Sheet 28A - Wage and Hour Division (WHD) - U.S. Department of Labor
When an employee returns from FMLA leave, he or she must be restored to the same job or to an "equivalent job". The employee is not guaranteed the actual job held prior to the leave. An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).

 

[BakerMayfield2018]

Just looked it up and yes scheduling is protected.

Fact Sheet 28A - Wage and Hour Division (WHD) - U.S. Department of Labor
When an employee returns from FMLA leave, he or she must be restored to the same job or to an "equivalent job". The employee is not guaranteed the actual job held prior to the leave. An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location).

HUGE fines if you friend with FMLA leave ...

 

[vantexan]

your not even part of the WE anymore. more like a has been.

Yeah, I got caught up in the moment.

 

[Oldfart]

There is no substitute for having that other hand when it comes to controlling the vehicle. You will not pass Express driving school if you don't use both hands.

That is not exactly true. Our trainer told me she had a student who only had 1 arm and they passed.

We have an employee now who is about 90% deaf and somehow qualified. He is
non-dot. The customers don't like dealing with him because he has a very hard time communicating and I am not crazy about working with him either.

 

[Maui]

That's how I've understood it as well.

If it’s worker’s compensation then you only have to use the time it takes in your state to transition to a paid leave. For example, in Tennessee it’s 7 days before WC kicks in. The policy requires everything be used except 1 week for UNPAID leave. In most states once that first week passes you do NOT have to use any of your time. Most managers get this policy wrong.

 

[Maui]

The 45 day policy is not set in stone. It CAN be extended at a managers discretion, up to 90 days, I believe. When I had my surgery, I was home for 45 days, returned on TRW the 46th day, returned to full duty on the 60th day.....on the same route. TRW does extend your 'time out', as long as your doctor allows it.

Depending on the station, he may need to break up the week, if no full weeks are available. Either that or take a 'crappy' week.

No. I tried getting back onto FO while I had a 40lb limit. 2 years on my FO route, I have never had a package heavier than 10-15 lbs. But, they would not let me no matter what I said or did. You are not allowed back on the road unless you are FULLY released with NO restrictions. It's for your safety and legal reasons. Thin about what would happen if something happened to you or someone else if you had limited mobility.

I read the policy closely. If you are being paid from another source, WC, disability etc, you do NOT have to use your personal and floaters. Since WC and disability doesn't pay you for the first 5 days, you do have to use your sick days. I only had 3 sick days when I went out. The first 3 days were paid as sick days, the next 2 were unpaid (though I did have the option of using my PD or floaters), then disability kicked in.

By policy you should have been paid using PNW for the other 2 days.

 

[!Retired!]

By policy you should have been paid using PNW for the other 2 days.

They gave me a choice. I chose not to use any of those days. So, I still had 2 weeks, 1 PD, 1 floater and 1 vacation day left.

If it’s worker’s compensation then you only have to use the time it takes in your state to transition to a paid leave. For example, in Tennessee it’s 7 days before WC kicks in. The policy requires everything be used except 1 week for UNPAID leave. In most states once that first week passes you do NOT have to use any of your time. Most managers get this policy wrong.

True, 7 calendar days....I posted the policy in my previous post. It's part of the paperwork sent to me when I went out last year. I just copied/pasted.

 

[MassWineGuy]

I’m totally confused over the policy of floating holidays, etc. I’m not going to get any paid leave, just wc. I’ll call district hr to see what they can tell me.

 

[MAKAVELI]

I’m totally confused over the policy of floating holidays, etc. I’m not going to get any paid leave, just wc. I’ll call district hr to see what they can tell me.

WC is paid leave.

 

[MassWineGuy]

WC is paid leave.

Oh... I still don’t quite understand the excerpt from the manual. It’s very confusing. I had two floters and two personal days. And I still have my unused week of vacation.

Another thing: Fedex is dragging its herls to give the Sedgwick rep. my wage information. He used something so payments could start, but I know that I’m due a higher rate. To whom do I complain?

 

[MAKAVELI]

Oh... I still don’t quite understand the excerpt from the manual. It’s very confusing. I had two floters and two personal days. And I still have my unused week of vacation.

Basically you use your sick leave and or other PTO until WC kicks in. Which is usually around a week. The difference with unpaid FMLA is they can force you to use all but one week of PTO.

 

[MassWineGuy]

Massachusetts has a five day waiting period for wc payments, so I guess my days did get used.

 

[Star B]

just e-mail/fax sedgewick your last paystub, they can use that...