The Family Medical Leave Act

The Family Medical Leave Act

FMLA is a federal law sponsored by labor Unions. It protects certain workers from discipline when using time away from work to care for their own serious medical condition, or that of an immediate family member. FMLA is associated with EAP, the difference being that FMLA is a law protecting Members and EAP is a program for assisting Members who are experiencing difficult times. An EAP coordinator can assist you with applying for FMLA.

Here’s the most important thing to know about FMLA.

If you have a dependability problem which is legitimately caused by your own serious medical condition (or a family member), then request FMLA.

It really comes down to just that.

Please do not make the mistake of unnecessarily subjecting yourself to company discipline for dependability. FMLA requires specific things. For example, a worker must have worked 1250 or more hours in the preceding twelve month period. FMLA also has some loopholes, which United Airlines attempts to abuse. For example, your doctor must insert language into your paper work protecting your regular days off from counting towards FMLA.

Sound complicated?

It can be. A qualified EAP will assist you with understanding FMLA, and will even coordinate with your health care provider. Don’t allow United Airlines, or US Airways, or any company to abuse you. Instead, call the EAP Main Number for information and help.

(650) 876-3625 Main Office

Bryan Hutchinson, District 141 Director of EAP
bryanrhutch@aol.com
(303) 348-4080

Basic facts about the Family Medical Leave Act

THE FAMILY AND MEDICAL LEAVE ACT (FMLA) STATES THAT IF YOU:

  • Have worked for the same company for at least 12 months (does not need to be consecutive), and you
  • Have worked at least 1,250 hours in the past year, and you
  • Work for a company with at least 50 employees who work within 75 miles of your work site.

THEN YOU ARE ENTITLED TO:

  • Take a total of 12 weeks off work without pay.
  • Keep any health insurance coverage you had during the time you are off.
  • Get your old job back, or an equivalent position with equal pay, benefits and other terms and conditions of employment following FMLA leave.

EMPLOYEE RESPONSIBILITIES UNDER THE FMLA

You must give notice of the need for leave from your job:

  • Employees do not have to specifically request “FMLA Leave” or even mention FMLA. Employees must simply give enough information or put the employer on notice that the reason the employee is requesting leave may be FMLA qualifying.
  • Employers can ask employees to provide “written notice” of need for leave, but employers cannot deny FMLA leave if the employee fails to comply with a written request requirement as long as the employee has given timely verbal or other notice.
  • When the need for leave is foreseeable, employees must give 30 days notice. When the need for leave is not foreseeable, employees must give notice “as soon as practicable,” but usually within one or two days of the need for leave arising.

Provide Certification of the Medical Need for Leave

The FMLA allows employers to require employees to provide medical certification of the need for leave for the employee’s own serious health condition or for a family member’s serious health condition. Employers may not seek more information from the employee in the medical certification than what is allowed in the Department of Labor’s model form. Employers cannot require a diagnosis and should not require employees to sign an authorization allowing the release of all medical information to the employer. An employer’s doctor may contact an employee’s doctor only for the clarification of information.

Should an employer have questions regarding an employee’s medical certification, the employer may require the employee to receive a second and/or third medical opinion. An employer cannot require an employee who has provided a certification of a need for intermittent leave to provide a new certification each time the employee uses leave. An employer generally should not request recertification when an employee is using leave more often than every 30 days.

Comply with Fitness-for-Duty Certification Requirements

An employer may require employees scheduled to return from FMLA leave to certify that they are medically fit for duty. A fitness-for-duty examination or certification must be job-related and consistent with business necessity.

Source: A Reference Guide To the Family and Medical Leave Act, IAM Women’s Department.

Swissport Workplace and Negotiations Survey

…betterI don’t have enough information Go BackNext Up: Work-Life Balance How Important is Work-Life Balance to You?Extremely ImportantExtremely ImportantVery ImportantSomewhat ImportantNot Important Do You Feel that Overtime Rules are Abused…

Neutral Javits Issues Final Integrated Seniority Lists

Neutral Javits Issues Final Integrated Seniority Lists

The TWU-IAM Association today announced that Neutral Joshua Javits issued his final integrated seniority lists for the Mechanic and Related, Fleet Service and Stores work groups at American Airlines.

The final lists are the completion of an investigation Neutral Javits conducted regarding protests of the initial seniority lists, issued on December 27, 2016. The final integrated seniority lists show all seniority dates amended as a result of that protest process.

Neutral Javits considered over 1,600 protests from approximately 1,700 employees. Each protester will receive a letter from Neutral Javits explaining the determination of his or her protest.

These seniority lists will become effective upon ratification of the Joint Collective Bargaining Agreements.

View all final integrated seniority lists, Neutral Javits’ memo and the updated former TWA Seniority by Station Title/Group Matrix at www.usaamerger.com

Download PDF

Neutral Javits Issues Final Integrated Seniority Lists

Neutral Javits Issues Initial Integrated Seniority Lists At American Airlines

Neutral Javits Issues Initial Integrated Seniority Lists At American Airlines

December 27, 2016

Sisters and Brothers,

The TWU-IAM Association today announced that Neutral Joshua Javits issued his Report and Recommendations and initial integrated seniority lists for the Mechanic and Related, Fleet Service and Stores work groups at American Airlines.

In June, the Association retained the services of Neutral Javits, former Chairman of the National Mediation Board and member of the National Academy of Arbitrators, to conduct a comprehensive analysis of the Association’s Seniority Integration Committee’s work and to resolve identified issues and differences that required expert attention to reach a fair and equitable integration of seniority lists. Neutral Javits’ Report and Recommendations and initial integrated seniority lists—created in accordance with earlier seniority integration agreements—reflect this comprehensive analysis and explain how the seniority lists are integrated.

During the fact-finding stage of Neutral Javits’ comprehensive analysis, TWU-IAM Association members submitted 836 detailed comments. Additionally, Neutral Javits met with and received remarks from the TWU-IAM negotiators and the Seniority Integration Committee. All of these comments were carefully deliberated by Neutral Javits and guided how he grappled with the more intricate and highly complex aspects of the seniority integration process.

Integrating seniority lists is the most important issue that affects our membership in an airline merger. The TWU-IAM Association and Neutral Javits have undertaken this seniority integration process with great care and deliberation so that all Association members at American Airlines are treated fairly and equitably.

All Association members will have until February 10, 2017 to protest in writing his or her placement on the initial integrated seniority lists in accordance with the process and requirements set forth in the accompanying communication from Neutral Javits. All protests must be received on or before February 10th. Final integrated seniority lists will be issued after all protests are considered.

Visit www.usaamerger.com to view the Javits Report and Recommendations, the Report Summary and Chart with instructions on how to file a protest and all initial integrated seniority lists.

Flagship Facility Services Names New Executive: Michael Thompson

Flagship Facility Services Names New Executive: Michael Thompson

SOUTHLAKE, Texas, May 21, 2020 /PRNewswire/ — Flagship Facility Services has selected Michael Thompson to lead its Integrated Facility Management (IFM) operations as President of IFM. This latest addition to the leadership team underscores Flagship’s commitment to providing quality, self-performed IFM services to organizations across the country.

Most recently a managing director with Jones Lang LaSalle (JLL), Thompson has more than 20 years’ experience in IFM, including operations across regulated manufacturing sites, R&D campuses, distribution centers, retail banking, and data operations centers throughout the United States, Canada, Mexico, and Puerto Rico.

“We were very deliberate in filling this role,” said Dave Pasek, CEO of Flagship Facility Services. “Our superior a la carte facility services combined with Mike’s proven leadership and industry insight, will allow us to deliver holistic IFM services built on quality, self-performance, and bottom-up integration.”

Thompson agrees and adds that “As businesses navigate the current and future facility management challenges, I see the opportunity for Flagship to resolve ever more complex facility needs and deliver enhanced value for the long term.”

Tod Lickerman, an outside board member of Flagship’s Board of Directors, remarked that “Flagship’s self-performed IFM services have a competitive cost profile – paired with a true leader like Mike Thompson, Flagship’s clients will benefit from a new level of operational integrity and agility that will help them meet current and future facility management challenges.”

“Today, more than ever, facilities are being impacted by high performance requirements and the ever-escalating costs of meeting those requirements. With Flagship’s commitment to excellence, its seasoned leadership, and robust operations teams, I look forward to delivering solid value to our clients,” said Thompson.

Flagship Facility Services revolutionized soft facility services with its holistic view of clients’ ongoing facility services needs and its flexibility in meeting those needs. Over the past 32 years, Flagship’s customer base has grown from its Northern California roots and now serves over 450 clients across the country with both hard and soft facilities services. Now with operations in Culinary, Facility, and Aviation Services, Flagship’s 5,000+ employees are dedicated to delivering unparalleled value while creating the best facility experience for customers. Flagship offers integrated facilities management and a la carte combinations of facility services, including janitorial, engineering, culinary, and ancillary services, for medium and large companies throughout the U.S. and Canada. Learn more at www.flagshipinc.com.