FMLA Weeked Call Off
netrn
5 Posts
Can someone cite the section of the Act that states weekend call offs can be required make up time? I remember this from a seminar - but I cannot find it by searching.
Be well.
Be well.
Comments
PORK
Please let me know if this is clear - it is hard to put down in words.
Be well.
It would appear on the surface that you are helping the ee to achieve a greater number of hours for pay purposes and the ee will be thankful for that. If the company is doing this to somehow punish the employee for being out on FMLA, that would not be recommended.
PORK
Thank you for your help.
If you work more than 40 hours in a work week, and you are non-exempt - OT should be paid, right?
5 years of this practice might be costly to the company. If you have not been paying for "all hours worked in a pay week", because those hours were missed last week because they were out for FMLA purposes; then, I suggest you seek out the most knowledgable HR/PAYROLL person in your community and get advice on the specifics of your situation. Something is a disconnect and I'm not sure if it is us not understanding or is it that we are not able to understand what you have posted.
In either case, I recommend you get someone you know in the HR field to come visit and listen to your concerns and questions on this HR arena.
PORK
The question posed to me was “how can you make me do this, I’m using FMLA?” Our interpretation of the Act is that you cannot ‘punish’ an employee for using the guaranteed time (such as applying disciplinary actions for FMLA as if it were a normal call off). We also extrapolated from the Act that an employee must be fair and consistent – making all employees makeup missed weekend days is being fair and consistent without punishment.
I hope this again clears the fog of my posts.
A couple of comments.
Your EEs are now working 3 - 12 hour shifts during a work week. So you are doing some sort of revolving rotation (like 3 days on, 5 days off)so that one weekend day is scheduled for every 4 weeks? Then when a weekend is missed, you rotate the schedule so that an additional weekend is on the 4 week schedule, still holding the EE to the 36 hour schedule.
One observation, the scheduling complexity must be a nightmare to administer with frequent call offs. My hat is off to your scheduler, or your scheduling software.
I will say that you have brought forward a cogent arguement, but I would think it difficult to apply to any FML leave, except intermittent leave.
Just to try and clarify further, if an EE is out sick (FML or not) for a period of say - 2 work weeks - and that causes the EE to miss one or two days of weekend work, you then require that EE to schedule additional weekend work during the next 4 week period?
It looks to me like you would rarely, if ever, allow a weekend sick day or a weekend FML day.
If an EE is out for 12 weeks on FML, do you make them schedule and extra 3 weekend shifts when they come back?
In that event, it sounds like a penalty to me. I would think it pretty rare that this length of illness would more frequently be FML qualified (except for those EEs under 1 year of service), and a case could be made for it being viewed as a penalty.