Intermitten/vacation

[SYCKOWMN]

What is the name of your state?California

My husband has been with the same Company, Union for 13 yrs. 3 yrs ago had surgery on (arches) of feet. Since then has had off and on trouble with them. Recently spurs where on arches and would wake up with sprained ankles. After visiting dr. knew he would need time off so took his last 5 (paid) vacation days(m-f) followed by 5 days of Intermitten FMLA (m-f)(first time this year). Called Company 2 times, they said it was covered under flma. Seen DR. on the 3rd day off on Intermitten FMLA. Returned to work on Monday with note from Dr. excused under Fmla for week, they said they didnt want note , because the week was already covered under FMLA. On Tuesday they sent him home stateing he had 10 days to return an Itenerary for his vacation days. Then another letter sent stateing he had 5 more days to return an Itenerary or would be fired. They counted the 5 FMLA days against his attendance. Then was given a (change in relationship papers) do to attendance. This was in mid April, Union just notified us that arrbitration isnt until Jan. The final check was no good, and Medical and Dental has now been canx. And there are 3 other people that has been fired due to FMLA issues. PLEASE HELP

 

[TCB4U2B2B]

Not sure what the question is exactly? Kindly state the question(s) only.

FMLA laws can and often do vary. As long as the states required minimum is adhered to. Unions and companies can agree to terms and conditions, as long as the states rules are adhered to. Often times but not always, the agreed upon conditions exceed those required by the state.

In some cases they do not. Conditions vary. The conditions that apply are available by request from the union. Ask for them.

 

[SYCKOWMN]

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California

OK I guess my question would be, at first when he was just suspended from work after returning from his Intermitten FMLA, They said he was suspended
until he showed an itenerary for his time off. They didnt take the Doctors note saying it was already excused, they wanted vacation itenerary, Which according according to the state (when my husband called and asked) he didnt have to show cause it was his week off. Then after not showing itenerary they fired him for absences, They counted the 5 days off on FMLA against his attendance which put him over. Can they count those days against his attendence? This was his first 5 days on FMLA this year, still has 40+ days left for the year. His (change in relationship) as they put it, was in April arbitration isnt until Jan.

 

[TCB4U2B2B]

Several Variables May Apply

FMLA laws are often difficult to interpret. And often times that condition plays well for a company. Companies do not often terminate an employee(s) when they have a doctors note of release. A doctors release form indicates the validity of the condition. Which means two possible reasons, which come to mind at this time may have effected companies decision to terminate.

Company has determined they have a substantial chance of winning in the arbitration case. Which, until that time in arbitration, company is not paying wages. If the company loses the case and has to reinstate the employee and pay back wages, to some companies that condition is no problem.

Why some companies decide and act in such a manner as above, often defies logic. In meetings they attempt to justify those actions. Never heard one justified to our satisfaction.

There are minor power struggles between company and union officals. Employees can be used as pawns and examples in large companies that have vast resources but lack compassion.

At this stage, where the case is already set to go to arbitration, nothing can be accomplished and neither side, company or union, can alter that course. Which than leads one to believe, there are either unknown here circustances, the company feels secure of a win in the matter and or boths sides have the conditions misunderstood,etc.

My advice to you is to use the time wisely. Obtain Ca. state FMLA laws and read them closely and carefully. Do likewise with the companies and unions agreements how the rules will apply. Usually but not always, the conditions can vary as long as said variances surpass and or exceed state laws.

Either side and or both sides, company or union, can be at fault and or misunderstand the laws. Worse yet, their own agreement they both signed.

Such recently happened in a circumstance here. And that issue took the company 3 days to figure it out... Company lost....

Company had to take those 3 days to read and understand the contract they had signed. Imagine that! Involved employee contributed to his/her own defense also. Worked with the union. So it does pay to prepare your own case. Do not leave it up to the union soley. (Can't imagine I said that either) Not always in your own best interests to do so.

Good Luck.