INTERNATIONAL FEDERATION OF PROFESSIONAL AND INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL STEWARD/TRUSTEE TRAINING TECHNICAL STEWARD/TRUSTEE

INTERNATIONAL FEDERATION OF INTERNATIONAL FEDERATION OF PROFESSIONAL ANDPROFESSIONAL AND

TECHNICAL STEWARD/TRUSTEE TECHNICAL STEWARD/TRUSTEE TRAININGTRAINING

presented bypresented by

FEDERAL MEDIATION AND CONCILIATION FEDERAL MEDIATION AND CONCILIATION SERVICESERVICE

COMMISSIONERS: TIMOTHY GERMANYCOMMISSIONERS: TIMOTHY GERMANY DAVID THALERDAVID THALER

CIVIL SERVICE REFORM CIVIL SERVICE REFORM ACT OF 1978ACT OF 1978

1. FULLFILLED A CAMPAIGN PROMISE OF President Carter

2. Abolished the then Civil Service Commission.

3. Act seeks greater accountability from federal workers.

4. Gave greater discretion to managers regarding work performances and overall agency accountability.

5. Act gave greater protection to employees from abuses by federal managers.

Civil Service Reform Act of Civil Service Reform Act of 19781978

Created:Created:

Merit System Protection BoardMerit System Protection Board

Federal Labor Relations AuthorityFederal Labor Relations Authority

Office of Management and BudgetOffice of Management and Budget

FEDERAL LABOR FEDERAL LABOR RELATIONS AUTHORITYRELATIONS AUTHORITY

Resolves unfair labor disputes.Resolves unfair labor disputes.

Determines appropriateness of bargainingDetermines appropriateness of bargaining units.units.

Adjudicates issues related to the duty toAdjudicates issues related to the duty to bargain and impasse issues.bargain and impasse issues.

Adjudicates exceptions to arbitration Adjudicates exceptions to arbitration awards.awards.

Merit Systems Protection Merit Systems Protection BoardBoard

Independent, bipartisan, board.Independent, bipartisan, board.

Sets personnel rules under which federal Sets personnel rules under which federal employees work without abuse from employees work without abuse from

managers and partisan political managers and partisan political pressurepressure

Adjudicates appeals of personnel action.Adjudicates appeals of personnel action.

Studies various federal merit systems. Studies various federal merit systems.

EXPECTATIONS OF IFPTE EXPECTATIONS OF IFPTE TRUSTEESTRUSTEES

EXPECTATIONS OF STEWARDSEXPECTATIONS OF STEWARDS

Legal Rights of Stewards Legal Rights of Stewards and Union Officialsand Union Officials

The Equality RuleThe Equality Rule

WHEN STEWARDS ARE ENGAGED IN

REPRSENTATIONAL ACTIVITIES THEY

ARE CONSIDERED THE EQUALS WITH MANAGEMENT.

The No Reprisal RuleThe No Reprisal Rule

An employer may not retaliate against An employer may not retaliate against a a

steward because of the way the steward because of the way the steward steward

carries out his/her duties.carries out his/her duties.

ROLE AND DUTIES OF A STEWARDand other Union Officials

TRUE OR FALSE?




A supervisor commits an unfair labor practice

if they verbally attack the shop steward and

calls submitted grievances “nit picking” and

a “waste of time”.

An employer may not retaliate against a steward

because he curses at supervisor during a grievance

meeting.

An employer violates the NLRA if in retaliation the employer

deprives a steward of

overtime or other benefits.

Employer can and should expect better work

and attendance from shop stewards.

When a clause in the collectiveWhen a clause in the collective

bargaining agreement imposes abargaining agreement imposes a

higher duties on union higher duties on union representativesrepresentatives

a steward may be disciplined to a a steward may be disciplined to a greatergreater

degree than a rank-and-filer.degree than a rank-and-filer.

Which of the following is NOT allowed duringthe steward’s presentation at a grievance:

* shouting* shaking finger at supervisor* cursing * telling grievant to not answer a supervisor’s question

Weingarten RightsWeingarten Rights Weingarten Rights refer to an employee’sWeingarten Rights refer to an employee’s right to Union representation during anyright to Union representation during any any employer interview which that any employer interview which that employee feels might lead to a disciplinary employee feels might lead to a disciplinary

action.action.

The Weingarten Rights result from Supreme CourtThe Weingarten Rights result from Supreme CourtCase. National Labor Relations Board vs. Case. National Labor Relations Board vs. J. Weingarten, Inc. 1975J. Weingarten, Inc. 1975

WEINGARTEN—TRUE WEINGARTEN—TRUE OR FALSE?OR FALSE?

During Weingarten interviews, the Union official is

the legal equal of the management representative.

When questioning ends, Union representatives

can provide additional information to the employer

representative.

Employees can walk out on such meetings if the

employer insists that the questions be answered

without a Union representative being present.

After a question is answered, the Union representative

can advise the employee on how to answer the

question.

An employer does not have to wait for or allow

the presence of a Union representative at an

investigatory interview if disciplinary action

has already been decided.

The employee is allowed to talk to the Union

representative in private.

An employee is entitled to have a Union

representative present at any investigatory

interview by the employer which the employee

reasonably believes might result in a

disciplinary action.

The employee is entitled to get information

from the employer about the subject of the

meeting and the topics to be discussed.

Management is under no obligation to inform the

employee of Weingarten rules before starting an

investigatory interview.

The interview must be delayed if the requested Union

representative is not available.

Union officials can advise an employee not to

answer a question.

After the employee makes a request for a union representative

The employer must:

1) Grant the request and delay the questioning until representative arrives.

2) Deny the request and end the interview immediately

3) Offer employee a choice of having the interview without representation of any kind or of having no interview at all.

If the employer denies the request forIf the employer denies the request for

union representation and continues tounion representation and continues to

ask questions, the employee can refuseask questions, the employee can refuse

to answer the question.to answer the question.

Stewards have no right to tell Stewards have no right to tell employeesemployees

not to answer questions during a not to answer questions during a

Weingarten meeting.Weingarten meeting.

The Steward does not have the rightThe Steward does not have the right

to bargain over the purpose or topicto bargain over the purpose or topic

of the interview. of the interview.

After a question is asked, the After a question is asked, the steward cansteward can

give advice to the employee on how give advice to the employee on how toto

answer.answer.

THREE CONDITIONS THREE CONDITIONS DETERMINE WHAT DETERMINE WHAT

HAPPENS IN MEETINGSHAPPENS IN MEETINGS

CONTAINERCONTAINER

DIFFERENCESDIFFERENCES

EXCHANGESEXCHANGES

CONTAINERSCONTAINERS

Set the boundaries and degrees of constraint inSet the boundaries and degrees of constraint in which the system operates, they hold the which the system operates, they hold the system together.system together.

Containers can be physical,Containers can be physical, psychologicalpsychological organizational, organizational, behavioralbehavioral situationalsituational charismaticcharismatic

DIFFERENCESDIFFERENCES Differences provide the potential for interaction and Differences provide the potential for interaction and

change within a system.change within a system.

Differences disclose what is important to the agents.Differences disclose what is important to the agents.

Examples: power Examples: power gendergender racerace educationeducation budgetsbudgets affiliationaffiliation elephant in the room elephant in the room

TRANSFORMING TRANSFORMING EXCHANGESEXCHANGES

Forms of connections between agents:

Face to face meetings

E-Mail

Memos, Letters, Notes

Phone calls

Steward Representational Steward Representational ActivitiesActivities

• Investigating a complaint

• Requesting information

• Presenting a grievance

• Negotiating a collective bargaining agreement

Which of the following is NOT allowed duringthe steward’s presentation at a grievance:

* shouting* shaking finger at supervisor* cursing * telling grievant to not answer a supervisor’s question

WHEN STEWARDS ARE ENGAGED IN

REPRSENTATIONAL ACTIVITIES THEY

ARE CONSIDERED THE EQUALS WITH MANAGEMENT

A supervisor commits an unfair labor practice

if they verbally attack the shop steward and

calls submitted grievances “nit picking” and

a “waste of time”




An employer does not commit an unfair labor

labor practice by holding steward to a higher

standard than other employees.

An employer may not retaliate against a steward

because he curses at supervisor during a grievance

meeting

An employer violates the NLRA if in retaliation the employer

deprives a steward of

overtime or other benefits

Employer can and should expect better work

and attendance from shop stewards.

Conflict ParadoxesConflict Paradoxes

How far apart are people when they How far apart are people when they areare

in conflict:in conflict:

Infinite distanceInfinite distance

No DistanceNo Distance


Where are conflicts located:Where are conflicts located:

Between the partiesBetween the parties

Within the partiesWithin the parties


All conflicts have two truths:All conflicts have two truths:

a) the truth of impassea) the truth of impasse

b) the truth of transformationb) the truth of transformation


It strokes and crushes our egosIt strokes and crushes our egos

It fuels and exhausts our willIt fuels and exhausts our will

It energizes and freezes our fearIt energizes and freezes our fear

It speaks to ancient part of self thatIt speaks to ancient part of self that thirst for power and delights in thirst for power and delights in

revengerevenge

Five Parties to Organization Five Parties to Organization ConflictConflict

A. Two peopleA. Two people

B. Groups who support those peopleB. Groups who support those people

C. Everyone else who says nothingC. Everyone else who says nothing

D. What is the message this D. What is the message this organization sends about organization sends about

conflict?conflict?

Issues

e

Unresolved Issues from the past

Self-Perceptions and Self -Esteem

Interests, Needs, and Desires

Personalities

Emotions

Hidden Expectations

Iceberg of Conflict

How do conflicts get resolved?How do conflicts get resolved?

Solve -- implies win and looseSolve -- implies win and loose

Resolve -- meets minimal needsResolve -- meets minimal needs

Absolve -- wait it out, benign neglectAbsolve -- wait it out, benign neglect

Dissolve -- change embedded natureDissolve -- change embedded nature and environmentand environment

What is a Grievance?What is a Grievance?What is a Grievance?What is a Grievance?

A grievance is a disagreement or complaint involving

a dispute, difference of opinion or interpretation

between the employer and the union.

Two kinds of grievances: Discipline and all others.

What does this mean?

DISCIPLINE DISCIPLINE GRIEVANCESGRIEVANCES

Employer initiated.Employer initiated.

Employer has burden Employer has burden

proof.proof.

Employer must meetEmployer must meet

“ “just cause” standard-just cause” standard-

employer’s discipline employer’s discipline

was grounded in was grounded in

known information andknown information and

equally appliedequally applied

Steward determines:Steward determines:

facts of the casefacts of the case

if progressive discipline was if progressive discipline was

usedused

if disparate treatment if disparate treatment occurred.occurred.

weighs years of serviceweighs years of service

and past record.and past record.

determine if similar determine if similar discipline has discipline has

occurred in the past.occurred in the past.

ALL OTHER ALL OTHER GRIEVANCESGRIEVANCES

Union or employeeUnion or employee

initiated.initiated.

Union has burden Union has burden

of proof.of proof.

Steward must prove:Steward must prove: Contract violationContract violation Violation of state orViolation of state or federal laws.federal laws. Violation of agencyViolation of agency rules, policies.rules, policies. Unequal treatmentUnequal treatment Violation of pastViolation of past practicepractice

PURPOSE OF A PURPOSE OF A GRIEVANCE PROCEDUREGRIEVANCE PROCEDURE

PURPOSE OF A PURPOSE OF A GRIEVANCE PROCEDUREGRIEVANCE PROCEDURE

FIND FACTSFIND FACTS PEACEFUL DISPUTE RESOLUTIONPEACEFUL DISPUTE RESOLUTION FORUM TO ADMINISTER THE CONTRACTFORUM TO ADMINISTER THE CONTRACT OPPORTUNITY FOR EMPLOYEES TO VOICE OPPORTUNITY FOR EMPLOYEES TO VOICE

CONCERNS CONCERNS IMPROVE EFFICIENCY OF ORGANIZATIONIMPROVE EFFICIENCY OF ORGANIZATION IMPROVE LABOR-MANAGEMENT RELATIONSIMPROVE LABOR-MANAGEMENT RELATIONS LOCATE PROBLEMS IN OPERATION OR LOCATE PROBLEMS IN OPERATION OR

CONTRACTCONTRACT

INVESTIGATING A INVESTIGATING A GRIEVANCEGRIEVANCE

The six W’s

1. Who is involved?

2. What happened?

3. When did the situation occur?

4. Where did the situation occur?

5. Why is this a valid grievance

6. What remedy is sought

Is Steward Prepared to Is Steward Prepared to Process Grievance?Process Grievance?

Are all the facts known and verified?Are all the facts known and verified? Is more information needed?Is more information needed? Have contract, labor laws, policies Have contract, labor laws, policies

beenbeen

carefully checked?carefully checked? Is record clear regarding the 6 W’s?Is record clear regarding the 6 W’s? Is grievant clear of total process?Is grievant clear of total process?

MONTANA’S TOOTH GRIEVANCEMONTANA’S TOOTH GRIEVANCE

EXERCISEEXERCISE

POINTS ON WRITING A POINTS ON WRITING A FORMAL GRIEVANCEFORMAL GRIEVANCE

Limit details to basic information:Limit details to basic information:

a. Protest (Statement of a. Protest (Statement of Grievance)Grievance)

b. Charge (State what has been b. Charge (State what has been

violated)violated)

c. What is the remedy (What the c. What is the remedy (What the unionunion

wants.)wants.)

Points of Writing a Formal Points of Writing a Formal GrievanceGrievance

Omit arguments, evidence and Omit arguments, evidence and justification on initial grievance-keep it justification on initial grievance-keep it simplesimple

Cite specific violation but also consider Cite specific violation but also consider adding: “and all other relevant articles”adding: “and all other relevant articles”

Write in third person: “It is the Union’s Write in third person: “It is the Union’s position….”position….” Don’t limit the remedy: “The Union Don’t limit the remedy: “The Union

request that __be made whole in every request that __be made whole in every way—including (specifics)way—including (specifics)

DISCIPLINEDISCIPLINEDISCIPLINEDISCIPLINE

Discipline refers to any management action Discipline refers to any management action designed to correct employee behavior.designed to correct employee behavior.

It may range from oral warnings or It may range from oral warnings or reprimands to employee suspensions or reprimands to employee suspensions or termination. The specific form and termination. The specific form and conditions under which discipline may be conditions under which discipline may be taken may be defined within the labor taken may be defined within the labor agreement, company rules or policies, or agreement, company rules or policies, or embodied within the past practices of the embodied within the past practices of the employer or the industry.employer or the industry.

Purpose of DisciplinePurpose of DisciplinePurpose of DisciplinePurpose of Discipline

The purpose of discipline is to insure The purpose of discipline is to insure

that the employer can maintain an that the employer can maintain an

efficient, productive and orderly work efficient, productive and orderly work

environment.environment.

DDiscipline should be used to iscipline should be used to

correct Improper behavior, not as correct Improper behavior, not as

a means of vindictive punishment.a means of vindictive punishment.

Progressive DisciplineProgressive DisciplineProgressive DisciplineProgressive Discipline

the least amount of disciplinethe least amount of discipline required required to achieve acceptable conduct Is the to achieve acceptable conduct Is the proper amount of discipline.proper amount of discipline.

Discipline assumes its progressive nature where it is Discipline assumes its progressive nature where it is made clear that if an employee continues to engage in made clear that if an employee continues to engage in unacceptable conduct, the level of discipline will be unacceptable conduct, the level of discipline will be increased. Discipline need not be progressive in all increased. Discipline need not be progressive in all instances, however. Striking a supervisor, theft, willful instances, however. Striking a supervisor, theft, willful destruction of company property, extreme negligence, destruction of company property, extreme negligence, or actions which Intentionally endanger or harm other or actions which Intentionally endanger or harm other employees, are all acts for which termination may be a employees, are all acts for which termination may be a proper sanction for a first offense.proper sanction for a first offense.

A Check List of “just cause”A Check List of “just cause”Standards of DisciplineStandards of Discipline

A Check List of “just cause”A Check List of “just cause”Standards of DisciplineStandards of Discipline

InvestigationInvestigation Prior NoticePrior Notice Consistent Consistent

EnforcementEnforcement TimelinessTimeliness Non-Non-

DiscriminationDiscrimination Progressive Progressive

DisciplineDiscipline

Gravity and IntentGravity and Intent Mitigating Mitigating

CircumstancesCircumstances Sustainable Sustainable

PenaltyPenalty The labor agreementThe labor agreement Company or agency Company or agency

rule or policyrule or policy Past practicePast practice Prior arbitration awardsPrior arbitration awards Law or government Law or government

regulationsregulations

PAST PRACTICE ELEMENTSPAST PRACTICE ELEMENTSPAST PRACTICE ELEMENTSPAST PRACTICE ELEMENTS

CONTRACT IS SILENTCONTRACT IS SILENT - - A PRACTICE A PRACTICE WILL BE MORE BINDING IF THE CONTRACT IS WILL BE MORE BINDING IF THE CONTRACT IS SILENT AND BOTH UNION AND MANAGEMENT HAVE SILENT AND BOTH UNION AND MANAGEMENT HAVE

BEEN USING OR ABIDING BY THE BEEN USING OR ABIDING BY THE PRACTICEPRACTICE..

WORKING CONDITION VS WORKING CONDITION VS GRATUITYGRATUITY - - IF A LONG STANDING PRACTICE IF A LONG STANDING PRACTICE INVOLVES A WORKING CONDITION AS OPPOSED TO INVOLVES A WORKING CONDITION AS OPPOSED TO A GRATUITY, ARBITRATORS WILL HAVE A A GRATUITY, ARBITRATORS WILL HAVE A GREATER PROPENSITY TO UPHOLD THE PRACTICE.GREATER PROPENSITY TO UPHOLD THE PRACTICE.

PAST PRACTICE ELEMENTSPAST PRACTICE ELEMENTSPAST PRACTICE ELEMENTSPAST PRACTICE ELEMENTS

MUTUALITYMUTUALITY - - BOTH PARTIES MUST BOTH PARTIES MUST KNOW ABOUT THE PRACTICEKNOW ABOUT THE PRACTICE..

CONSISTENCYCONSISTENCY - - HAS THE PRACTICE HAS THE PRACTICE BEEN FOLLOWED CONSISTENTLYBEEN FOLLOWED CONSISTENTLY WHEN THE WHEN THE SITUATION AROSE?SITUATION AROSE?

BRIDGE EFFECTBRIDGE EFFECT - - HAS THE PRACTICE HAS THE PRACTICE BEEN CONTINUED OVER TWO OR MORE BEEN CONTINUED OVER TWO OR MORE CONTRACTS? IF SO, THERE IS STRONGER CONTRACTS? IF SO, THERE IS STRONGER REASON FOR FINDING THE REASON FOR FINDING THE PRACTICE BINDING SINCE IT "BRIDGED" A PRACTICE BINDING SINCE IT "BRIDGED" A NUMBER OF CONTRACTS.NUMBER OF CONTRACTS.

INSUBORDINATIONINSUBORDINATIONINSUBORDINATIONINSUBORDINATION

Defined as an employee's willful Intent Defined as an employee's willful Intent to disobey a direct and proper order, it to disobey a direct and proper order, it challenges management's basic ability to challenges management's basic ability to manage the workplace. As a result, most, manage the workplace. As a result, most, arbitrators will up hold termination as a arbitrators will up hold termination as a proper penalty if the charge of such proper penalty if the charge of such serious misconduct is sustained by the serious misconduct is sustained by the evidence.evidence.

ORDERS SHOULD BE OBEYED NOW ORDERS SHOULD BE OBEYED NOW AND GRIEVED LATER.AND GRIEVED LATER.

ELEMENTS OF ELEMENTS OF INSUBORDINATIONINSUBORDINATION


Was the Grievant actually given a Was the Grievant actually given a DIRECT DIRECT ORDER ORDER (or merely instructions, Suggestions, or (or merely instructions, Suggestions, or advice)?advice)?

Was the Grievant Was the Grievant AWAREAWARE that he/she was that he/she was given a direct order?given a direct order?

If so, was the order If so, was the order CLEARCLEAR Was the Grievant's alleged failure to comply Was the Grievant's alleged failure to comply

INTENTIONALINTENTIONAL Was the Grievant given adequate Was the Grievant given adequate

FOREWARNINGFOREWARNING of the possible consequences of the possible consequences of his/her alleged refusal to carry out the order?of his/her alleged refusal to carry out the order?



Was the order reasonable and necessary to the Was the order reasonable and necessary to the SAFE. ORDERLYSAFE. ORDERLY. and . and EFFICIENTEFFICIENT operation of operation of the organization?the organization? aa.. Did it violate Did it violate::

- - The Agreement? ("CONTRACT")The Agreement? ("CONTRACT") - Company or Agency Policy- Company or Agency Policy - Directive, Rule or Regulation- Directive, Rule or Regulation - A Past Practice?- A Past Practice? - An Applicable and Relevant Arbitration Award?- An Applicable and Relevant Arbitration Award? - An Applicable Law?- An Applicable Law?

bb. Did it countermand existing orders given the . Did it countermand existing orders given the Grievant?Grievant?



Did the order threaten to cause undue Did the order threaten to cause undue hardship or irreparable harm?hardship or irreparable harm?

Did the order threaten to endanger the Did the order threaten to endanger the health or safety of the Grievant or others?health or safety of the Grievant or others?

Would the order force the Grievant to Would the order force the Grievant to violate a law?violate a law?

Was the order arbitrary? capricious? Was the order arbitrary? capricious? unjust? unfair? inequitable? unreasonable?unjust? unfair? inequitable? unreasonable?

Did the order otherwise adversely affect the Did the order otherwise adversely affect the welfare of the Grievant or the Unionwelfare of the Grievant or the Union

THE SEVEN TESTS THE SEVEN TESTS OF JUST CAUSEOF JUST CAUSE

THE SEVEN TESTS THE SEVEN TESTS OF JUST CAUSEOF JUST CAUSE

NoticeNotice - "forewarning of the - "forewarning of the possible consequences possible consequences

Reasonable Rule or OrderReasonable Rule or Order Proper InvestigationProper Investigation Fair InvestigationFair Investigation Adequate ProofAdequate Proof Equal TreatmentEqual Treatment Appropriate PenaltyAppropriate Penalty

Dealing With Difficult Dealing With Difficult MEETINGSMEETINGS

Step 1Step 1 Go to the balcony-control own behaviorGo to the balcony-control own behavior

View person and topic from a distance.View person and topic from a distance.

Recognize and control hot buttons.Recognize and control hot buttons.

Keep you goals and interest in mind.Keep you goals and interest in mind.

DEALING WITH DIFFICULT DEALING WITH DIFFICULT MEETINGSMEETINGS

STEP 2STEP 2 Create a favorable climate for Create a favorable climate for

resolution.resolution. Listen Actively.Listen Actively. Paraphrase a lot.Paraphrase a lot. Use their words and language.Use their words and language. Use “I Statements”Use “I Statements” Offer apology where appropriate.Offer apology where appropriate.

Dealing With Difficult Dealing With Difficult Meetings Step 3Meetings Step 3

Direct others comments toward Direct others comments toward resolving the issue:resolving the issue:

Restate attacks, stubborn comments.Restate attacks, stubborn comments. Ask problem solving questions-why? Ask problem solving questions-why?

WhyWhy

not? what if?not? what if?

Help other side clarify their interests.Help other side clarify their interests.

If stalemate occurs suggest future If stalemate occurs suggest future meeting.meeting.

Dealing With Difficult Dealing With Difficult MeetingsMeetings Step 4 Step 4

Overcome their resistance to resolve Overcome their resistance to resolve issue:issue:

Involve other side in developing Involve other side in developing solutions.solutions.

Implement small changes.Implement small changes. Help other to save face.Help other to save face. Uncover any unmet needs.Uncover any unmet needs.

Dealing With Difficult Meetings Dealing With Difficult Meetings Step 5 Step 5

Bring them to their senses not to Bring them to their senses not to their knees:their knees:

Educate other side on the cost of not Educate other side on the cost of not agreeing.agreeing.

Pose reality testing questions.Pose reality testing questions. Leave most attractive alternative on Leave most attractive alternative on

the table.the table. Warn rather than threatenWarn rather than threaten

Family Medical Family Medical Leave ActLeave Act

A firm in the private sector is covered bythe FMLA if it has at least 50 employees

An employee can take up to 13 work weeks of job protected FMLA leave

FMLA leave may be taken for the following reasons:

For serious health condition

To care for seriously ill child, spouse, or parent

The childbirth or care of child up to one year

Placement of a child with you for foster care or adoption.

FMLA leave can be taken on a continuous basis but must be at least one whole day.

The employer can grant you a reduced work schedule because of your health condition but is not obligated to do so if others members get sick.

Employee must provide a 30 day advanced notice if the leave is foreseeable.

Employee must notify employer within two days of the intended leave if the FMLA leave is unexpected

Employer violates FMLA if they:

1) Uses coercion, threats or intimidation to discourage member from taking FMLA leave

2) Orders you to light duty during FMLA leave.

Which of these is illnesses is not covered under the FMLA?

Epilepsy

Asthma

Hay Fever

Migraine Headache

Diabetes

Gum Disease

You must have been employed 10 monthsto be eligible for FMLA.

You must have worked at least1,250 during the 12 months before the start of your FMLA leave

The 12 month period can be the calendar year, any other fixed 12-month period, whethermeasured forward or backward from the datethe FMLA leave is needed.

Every worker on the payroll, including part timetemporary or leased workers count toward the 50 worker number.

The worker must be notified within five daysif he is ineligible for FMLA to prevent workerfrom staying out of work under the impressionthat he has legal protection.

An eligible employee is entitled to a a total of 12 workweeks time off “duringany 12 month period”

An employer can classify an employees sick leave of a serious nature as a FMLA leave without that employees consent.

An employees normal sick leave days can becan be subtracted from the 12 week FMLAallotment.

FMLA leave may be taken on a continuous,intermittent, or reduced schedule basis.

When you return from a FMLA medicalleave your old job is not guaranteed.

Employers can warn and suspend persons forbecause of FMLA absences.

Incapacity for more than three consecutivecalendar days and continuing treatment bya health care provider is considered a “serious health condition” and qualifies a persons for the FMLA.

Asthma, migraine headaches, diabetes, pregnancyrelated disabilities are examples of serious conditionswhich qualify the worker for FMLA leave.

If the employer has a serious health condition,such as heart problems, epilepsy, colitis, cancer,the FMLA requires employers to reduce a workers work week.

The employee is entitled to get information

from the employer about the subject of the

meeting and the topics to be discussed.

Documents

INTERNATIONAL FEDERATION OF PROFESSIONAL AND INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL STEWARD/TRUSTEE TRAINING TECHNICAL STEWARD/TRUSTEE