REED GROUP HELP - PART II FLMA/OFLA NEED TO KNOW

Author-ATU member

Dear Brothers and Sisters,

As I have called out the various atrocities on front line workers, one of the most draconian of them all is “time-loss.”  At the beginning of this contract process I mentioned it as a MUCH needed reform, because it has caused many front line employees to lose their jobs.  At one of the various meetings I have attended, the word came out that “our-side” finds that the time-loss rules were expectable, to which I stated “we” don’t find it expectable.  I’m going to explain why we need time-loss reform now.

First and foremost front liners need to understand what is time-loss, well time-loss occurs when one of two things aren’t covered while an employee is off work for reasons other than vacation or floaters.  The easier of the two is “workmen’s comp” (An employee is automatically entitled to receive certain benefits when she/he suffers an occupational disease or accidental personal injury arising out of and in the course of employment.).  The second and the most misunderstood is FLMA/OFLA (see attached, for full information).

The question I hear the most concerning FLMA/OFLA is “I didn’t know that was not covered?!?” I’m going to list the things that the federal government listed as coverable and those things that are not, keep in mind that FLMA/OFLA ARE FOR LONG TERM SERIOUS ILLNESS’ NOT SHORT TERM SICKNESS.

Here is of coverable things:

Under the federal Family and Medical Leave Act (FMLA), eligible employees have the right to take time off to care for a family member with a serious health condition or to recuperate from their own serious health condition, among other things. (For information on other circumstances in which you might be entitled to time off under the FMLA, see Taking Family and Medical Leave.) Colds and other minor health concerns don't typically qualify for FMLA leave; the law is intended to provide time off only for more serious ailments. As you'll see, however, the rules about what does and does not qualify as a serious health condition can get a bit complicated. 

What's a Serious Health Condition?

The FMLA divides serious health conditions for which FMLA leave may be taken into these six categories:

• inpatient care
• incapacity for more than three days with continuing treatment by a health care provider
• incapacity relating to pregnancy or prenatal care
• chronic serious health conditions
• permanent or long-term incapacity, and
• certain conditions requiring multiple treatments. 

Here are things “NOT” COVERED:

The FMLA doesn't definitively state that particular illness or diseases are always, or never, serious health condition. Instead, the facts of each situation must be considered on their own. After all, one person's bout with bronchitis might result in a missed day of work and some coughing; another person's might result in an extended hospital stay for pneumonia. In this case, the first person would not have a serious health condition, but the second would. 

Nonetheless, there are certain ailments that don't typically qualify as serious health conditions, including:

• colds and flu (lung ailments) – considered re-accruing
• earaches
• upset stomachs and minor ulcers
• headaches (other than migraines)
• routine dental or orthodontic problems or periodontal disease, and
• cosmetic treatments (other than for restorative purposes), unless complications arise or inpatient care is required. (May include dental treatments).

Even these conditions aren't automatically excluded from coverage. After all, a headache might be caused by minor eye strain -- or by a cancerous brain tumor. The facts always dictate whether a particular employee's situation constitutes a serious health condition or not. 

So there you have it, the general list of things that may or may not qualify to be covered under FLMA/OFLA.  Yet there is something to keep in mind when dealing with the Reed Group, they are a third party that the company commissioned to handle the sick-leave problems that the company was experiencing  some years back (remember the Mercer Study).  The Reed Group is PRO-COMPANY and they make decisions in-favor of the company; so when you go to see your doctor make sure your illness is covered and “serious” or you will be denied every time.

Lastly, you “will” receive time-loss if it is not covered under these two things, even if you have a sick-bank with hundreds of hours; you could potentially lose your job for a repeated illness that is not covered.  Currently the time-loss, before goals is 110 total hours in a year (got this word of mouth).  According to the companies proposal to the union, says that they want to lower that number to 40 to 60 total hours in a year (got this word of mouth).  Think about it Brothers and Sisters, you may lose your job over having a non-life threatening type sickness with a sick-bank in the stressful un-healthy occupation that we work in.

We should be fighting for front liners rights to have a better work environment, not handcuffing members to the company and fulfilling the companies “Strategic Financial Plan.”  On page 10 (of the plan), it states, “The Company’s $850+ million OPEB liabilities must be further reduced by eligibility and benefits reductions.”

If you feel as I do about this draconian rule of law that harms front line workers, let your Shop Stewards know, let your Executive Board know and let your Representatives know.  Also keep in mind that front line workers have the powers of “ratification,” YOUR VOTE COUNTS.

Let your voice be heard!