THE BURNING EMBER 33

EMPLOYEE ALERT
FMLA IS ABUSING YOUR RIGHTS

Well it is happening, the Portland District FMLA coordinator office is running amok. It was to be expected though, given the recent changes in the FMLA rules put in place by the Bush administration; the Portland FMLA Coordinator, also known as Lori the Bus is however is taking things past the limit. Before we get into what is going on a brief explanation is in order. As with most things in management the Bus is a much better discombobulating the FMLA office than she is at coordinating. She acts more like a bus—running over employees with no regard for their rights.

Now, the intent of the Family Medical Leave Act is to protect people from losing their jobs when they need to take time off from work for pregnancy, birth, adoption, or placement of a foster child. It can also be used to protect people’s jobs when time off is needed because of a person's own or their dependent's serious or chronic health conditions. Congress recognized that people needed this protection and passed the original law in 1993.

Under Federal law, and the USPS is covered by that law, an employee can ask that an absence be protected by FMLA. There are certain things an employee must do to qualify; the employee must have been employed by the same employer for one year; the employee must have worked 1250 hours for the same employer in the twelve months preceding the request for FML. Be aware that there are some restrictions on what hours count, for the most part actual work and overtime hours will count toward the total, whereas most leave hours do not count--LWOP never counts. Typically it is not hard for most employees to get the hours to qualify, in a normal year a full time employee works about 2080 hours--more than enough even with time off for vacation and sick leave. The law also limits the amount of protected leave you get in one year.

An employee is entitled to twelve weeks of FMLA protection a year. This protection covers parents when they are absent from work to have or adopt a child. It helps people when they have a serious illness or injury or when they miss work due to diabetes, asthma, and arthritis. It protects people who have to care for their sick children or aging parents. That is the intent of the FMLA—to provide some job protection for families. The Postal Service seems to have taken another approach, that of making it difficult for employees to get FMLA protection by looking for any reason to deny employee requests. Lori the Bus has taken that approach one step further.

The Bus, takes advantage of employees' trust and lack of knowledge of FMLA rules. The Bus looks for any reason, right or wrong that she can use, to deny FMLA protection. The Bus tells employees they have to provide FMLA Certification within 15 days and if they do not she denies the FMLA protection. She asks employees to provide information about their condition, such as diagnosis, that they do not have to divulge, violating employees’ privacy. If an employee fails to provide that information then she denies the FMLA protection. Worst of all, in what has to be the most boneheaded decision ever the Bus holds onto FML requests if she thinks they will be approved and focuses on disapproving those she can. This creates more problems for employees.

What happens then is that employees who should have their time off protected end up having to fight to get their requests approved. Employees have to deal with their supervisors, who get little if any useful information from the FMLA office. This is causing a lot of confusion among employees with many just giving up and then end up being targeted for discipline due to unscheduled absences that rightfully should have been protected. Understand, that you cannot trust the FMLA office or your supervisor to give you the correct information regarding your FMLA rights--neither want to help you and most supervisors just do not know the law and the rules. To summarize, they are not your friends.

Well with all of that said there are some simple things that employees can do to avoid getting sideswiped by the Bus. You must be proactive; you must fulfill your part of the issue in order to get FMLA protection. There are a few simple steps to follow.

First, get in touch with your shop steward right from the start; do not wait until you receive a denial letter from the uncoordinated FMLA office. Second, be sure to get your forms into the FMLA office on time and if you need more time make a request on the phone and follow up in writing. Third, when sending documents to the FMLA office use some type of delivery confirmation, Express Mail, Delivery Confirmation, or Certified Mail with return receipt. Finally, keep copies of all papers that you send or receive from the FMLA office. You must be proactive; do not wait for the FMLA office as it is to their advantage if you fail to act. All of these steps are very important both to protect your rights and if your steward has to file a grievance.

Be assured that most of our local stewards are well-trained and experienced in FMLA rules and procedures; they deal with FMLA issues frequently Those who are not know who is and how to get in touch with those who are trained. If you want fewer problems with getting your FMLA involve your steward right at the start.

Oh, as a closing note, the current U.S. Congress is starting the process to revoke the Bush changes. You can go to www.apwu.org to get more information. I strongly suggest that you get in touch with your legislator and urge them to support this legislation. Again it is important to take action to protect your rights. Take action to protect your rights and help put the Bus back into the garage.