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  1. #1
    Join Date
    Nov 2010
    Posts
    3

    Default FMLA with a Renewal of Union Contract

    My question involves labor and employment law for the state of: Kentucky

    In april 2010 our union contract ran out and negotiations began. I was working at this time and it wasn't until May 17th that i began my FMLA and was out for 4 weeks. Because of the amount of time I missed I was told by my employer that I had to file a STD claim. My claim was denied, I did appeal and it was final denied. However my FMLA covered the 4 weeks I was out. While I was out a new contract was voted in, the terms of the contract was 1. $500 bonus..which I received while still out on FMLA 2. A Living Expense Raise backdated to April 1, which i thought i received back pay for but Im not sure at this point and 3. For the department I worked in a Job Title Change and another increase in pay, back dated for April 6. Keep in mind I was working until May 17th. But because the job title change occurred while I was out. I have been told that I didn't receive the change until after I came back from leave and my change occured June 27. So here is my question. I missed out on the back pay from april 6 to june 27, because I missed 4 weeks starting may 17th. Also everyone else who received the job title change has received a second raise Oct 6, and I have been told since my change didn't take effect until june 27, I have to wait 6 months for my second raise which will be dec. 27. So I am also no missing out on a raise from oct 6 to dec 27.
    Yes I understand that because I was out when everything took place and because I had applied for short term, my changes could not take place until my return to work. But shouldn't they have back dated mine to April 6, as they did everyone else and as I would have been if i had not been out for the 4 week? Its pretty confusing I know but as I told my union steward I was working April 6 and everyone else who was also working, they received a raise on that day so the same people at the same level as me were making more money because I took FMLA 6 weeks after the date the raise was backdated to.
    I know a lot of things could come into play like the fact a applied for std and also because it was a job title change. Can anyone give me some good advise to help me, so that when i do get an answer from work..whether its from the union or hr, I will know its right.
    Thanks
    t.tuttle

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA with a Renewal of Union Contract

    FMLA and STD are two different things. FMLA is leave, and it provides job protection. STD is how you get paid while you are on leave, and it does not provide any job protection.

    Were there any employees who were out on non-FMLA leave at the time the changes went into place? How were they handled?

  3. #3
    Join Date
    Nov 2010
    Posts
    3

    Default Re: FMLA with a Renewal of Union Contract

    Its a huge corporation, I wouldn't have that kind of information of how others were handled. I do understand the difference in FMLA and STD. My point is though I was working April 6th, how can they deny me a raise that goes back to that date for the reason that I took FMLA starting May 17th. The reason I got back from HR is because i was on short term disability at the time the changes took place, I wasn't in the system for them to do the job title change. Once I was put back into the system they made the change. My std was denied, i got no short term pay, no pay at all actually, and my time missed was covered by FMLA. Shouldn't it have been back dated to April 6th. Had I not missed the four weeks in may that is clearly when it would have started.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA with a Renewal of Union Contract

    Here's my point.

    The law only says that for the time you were on FMLA, you cannot be treated differently than those who may have been out on non-FMLA leave. You are not entitled by LAW to any raise at all - that is a function of your union contract, which I have not read. If people who were out on non-FMLA leave got their raise backdated, then you should have gotten it backdated. If they had to wait, then you have to wait. At that point, the law bows out and the rest is entirely up to your union.

  5. #5
    Join Date
    Nov 2010
    Posts
    3

    Default Re: FMLA with a Renewal of Union Contract

    I appriciate you replying and I understand what you are saying. I have read the law and there is actually 2 parts to it. The part I am understanding you are referring too says this.... If a bonus or other payment is based on the achievement of a specified goal such as hours worked, products sold, or perfect attendance, and the employee has not met the goal due to FMLA leave, payment may be denied unless it is paid to an employee on equivalent leave status for a reason that does not qualify as FMLA leave.
    But the law also says before that... An employee’s use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to BEFORE using FMLA leave, nor be counted against the employee under a “no fault” attendance policy. Does my situation fall into the before leave because the raise basically went into effect on April 6, six week BEFORE I went on leave? A bonus was paid out and I received that with no problem even though when it was paid out I not working.
    The reason they gave me as to why I didn't get the raise starting April 6 was this...At the time that the final list of employees was received from the BU and the data was pulled to move the employees into the new title, she was out on disability. We cannot move someone who is on disability into a new title; therefore it was necessary to wait until she returned to active status. It looks like she was then moved at the first opportunity which was the beginning of the next pay period which was 6/27. Due to her disability period, the epcr had to show an effective date after her RTW.
    My disability claim was denied, had I not have been told to apply for short term, and only used the FMLA I would have remained active, I would have received the raise and it would have been backdated.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: FMLA with a Renewal of Union Contract

    We still come back to the same thing. The revised laws also say that you are not entitled to a benefit that someone on non-FMLA leave would not get.

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