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Is this negotiable?

LindaSLindaS 1,510 Posts
in HR & Employment Law Vote Up0Vote Down
As you all know, under federal FMLA the employer can require an EE to utilize vacation during FMLA. Our current policy does not address this issue and we do not "force" employees to use their vacation before receiving unpaid time off. We are a union facility and have received conflicting statements regarding whether the decision to change our policy to require employees to use up all vacation time first would need to be negotiated with the union.

Anyone out there have an answer?
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  • 5 Comments sorted by Votes Date Added
  • psrcellopsrcello 260 Posts
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    According to the legal department in our company, it would be a mandatory subject of bargaining to force an employee to utilize paid vacation concurrently with FMLA leave. We've got this on our agenda for negotiations in 2005. (We currently permit employees to choose to use vacation along with FMLA, but it isn't mandatory.)
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  • LindaSLindaS 1,510 Posts
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    That was my thought as well but I was talking to a colleague this morning, union facility also, who just "put up a notice" in their plant that this was now being mandated. I questioned her about negotiating it with the union and she said she didn't and hadn't "heard" anything from the union committee about it.
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  • WhateverWhatever 1,945 Posts
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    We gave our shop steward notice and then posted that use of vacation time was mandatory for FMLA. That was a little over a year, never got a squawk.
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  • vmiller MOvmiller MO 98 Posts
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    psrcello is correct that the use of vacation as part of FMLA is a mandatory subject of bargaining. If the contract does not directly address this issue and if you do not have a "Maintenance of Standards" clause, it may be possible for you to make a change in your procedures during the contract term. A lot depends on the language of your collective bargaining agreement. Of course, before you make any changes, I recommend that you discuss the matter with the Union in an attempt to obtain at least its acquisence.
    Vance Miller
    Editor, Missouri Employment Law Letter
    Armstrong Teasdale LLP
    (314) 621-5070
    [email]vmiller@armstrongteasdale.com[/email]
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  • MentelMentel 179 Posts
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    Check you state laws. WI WMLA does not allow employers to mandate the use of vacation and sick. This covers the time allowed under Wisconsin leave laws. After WI leave is used up, then it can be mandated. I am not with a union facility but I would think that this is negotiable. You can always try to post it and see what happens.
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