Which one trumps?

LindaS

We are a union facility whose collective bargaining agreement states that employees can only use 5 vacation days as "last minute" which is defined as less than 2 days' notice. Anything after those 5 days needs to be scheduled more than 2 days in advance. Our agreement also states that employees may only use 4 vacation days as 1/2 days and all others are to be used as full days. We do not require employees to use vacation when utilizing FMLA.

We currently have an employee who has exceeded both his 1/2 days as well as his "last minute" vacation days due to his approval for intermittent leave under FMLA. The supervisor, and plant manager, want to deny him the vacation time because of the potential implications with others in the facility but I'm not sure if we can legally do that because of what the FMLA regs. state.

Do any of you know if FMLA "trumps" the collective bargaining agreement?

Don D

You cannot 'deny' him anything that FMLA regs entitle him to, notwithstanding your contract. But, you CAN and should enforce your contract and company policies regarding the use of leave, even while on FMLA. In a situation where your policy may, for example, require an ee on FMLA to exhaust vacation, and the user happens to be part of the bargaining unit, and the contract says something different regarding vacation, then you CANNOT force him to burn vacation. Generally, the contract 'trumps'; however, it cannot trump or deny the basic rights granted to qualified individuals by the Act. A general rule might be, whichever document grants the greater benefit rules, except where contract language is specific in requiring or prohibiting something the FML Act is either silent on or uses language such as 'allows' rather than 'requires'. If the act flat out gives someone a right, then the contract cannot preclude it. If the act is silent or states something is optional, then the contract will rule, every time. How confusing can one be on a Saturday morning? Sorry.