FMLA MISinformation

LindaS

Maybe my understanding of the FMLA regulations is off base but this is what I was informed during a conversation with our union business rep. yesterday...

An employee out on FMLA leave has the option of selecting the way his/her "year" is determined under the federal FMLA regulations (WI has it defined in the regs.). In addition that employee can change his/her mind after the FMLA leave has started regarding what their "year" is because the regulations state that the employer has to go with whatever benefits the employee the most.

I disagreed and informed this person that the employer is the one who designates the year, not the employee.

Am I correct or is he?

Rockie

Linda: I can only go by what the Federal law states. State law may dictate more generously when it comes to FMLA and if the state law is more generous, then you must follow that. Union rules...I haven't a clue. Just guessing...I wouldn't think they would dictate these types of issues.

Federal law gives employer the option of what type of year they use - calendar, rolling, etc the only specifications are that (1) it is communicated (in writing) to the employees and (2) it is the same for everyone. This applies also as to whether an individual is required to exhaust their paid leave before going on unpaid FMLA.

No, the employee does not have the option of changing his/her mind after leave has started. This law is chaotic enough....could you just imagine having to make these accommodations also?

marc

Rockie is correct, absent state law that may have more generous terms and any additions from a union contract, the Employer picks when the year starts. I cannot imagine any of the above allowing the EE to pick whatever year and change their mind later. If they are adamant, have them show you their written source materials.

Balloonman

You get to choose. In addition do not forget that clause in every contract that says the company has the right to run their business.
Union steward is just an idiot.
My $0.02 worth.
DJ The Balloonman

PAhr

I don't know about your state law but federal law says the employee may choose the method but only if the employer hasn't designated the method they want to use. If you have a written policy that uses the calendar method or you relay this verbally the employee doesn't have the option of choosing.

Don D

federal
>law says the employee may choose the method but
>only if the employer hasn't designated the
>method they want to use.

I agree with PAhr. That's what the law says. The employee has a right to choose whichever is of most benefit to the employee ONLY IF THE EMPLOYER HAS NOT DESIGNATED THE COMPANY'S YEAR. It's conceivable that an employer might not have determined and published what it's 'year' is, but unlikely. I don't know if your business agent is an idiot; but, I do know that he is wrong in this instance.

Having worked in union settings I would tell the steward/agent, "The company administers the FML program in accordance with law. The union has the right to file a grievance or file a direct complaint with the US DOL. Thanks for coming by."

Because you have federal time limits to observe, the last thing you want to do is delay your decision on the FML application during or pending discussions with the union.