|
By now you have received the attached letter from CSX concerning the Family Medical Leave Act, wherein it states, in part, "If you are aware of any instances of misuse, you are encouraged to report it to your supervisor...”. The four BLET General Chairman responded to CSXT on August 30, 2016 (attached below) outlining our concerns whereby the Carrier requested employees to serve as "policy policemen" for FMLA compliance.
It is imperative that all of our members understand that entitlement to Family Medical Leave is provided by statutory law rather than contractual right. It is only available to those employees who meet the eligible criteria in the law. Those qualifying criteria include, but are not limited to, chronic personal illness, chronic illness of an immediate family member requiring care and the birth or adoption of a child. Making assessments regarding the legitimacy of a fellow worker's use of statutorily mandated leave is inappropriate.
The law protects employees against harassment, however, those protections do not apply if the employee uses FMLA for purposes other than those identified on the medical certification provided by their physician. Enclosed you will find the Department of Labor Guide to FMLA. While not encompassing all that is contained in the statute, it provides a simple overview of how FMLA works. You are encouraged to visit the DOL Wage and Hours Division website at www.dol.gov/whd/fmla for more detailed information.
Additionally, on August 3, 2016, we attended a BLET-CSXT labor summit meeting in Jacksonville. FL. During that meeting the carrier notified us that they suspected some employees may be abusing their FMLA mark offs. These suspected abuses were noted in the above referenced letter to the employees. They informed us they will be monitoring FMLA mark offs to ensure that they are taken consistent with the appropriate medical certification. We anticipate that recertification will be a part of this monitoring process. Our Offices have received numerous calls regarding the FMLA recertification process. Title 29 §825.308 outlines the circumstances that allow the Carrier to request medical recertification.
Anecdotally, there was a case on another Railroad where an employee laid off FMLA to take his son to a Doctors appointment. Following the appointment he dropped his son off at home and went to a bar. The member was charged with misuse of FMLA, found guilty and dismissed. His termination was upheld in arbitration. It is imperative that you reiterate to the membership that if they have FMLA it must be used solely for the reason it was granted.
Your cooperation in distributing this message is appreciated, I’ve attached several documents for your ready reference.
Pat Driscoll, General Chairman
Conrail SAA/CSXT Northern District GCA
A Division of the International Brotherhood of Teamsters
716-876-2303 Office
Download:
|
