 |
FMLA and You |
|
|
|
Your Rights Under FMLA:
Your rights under FMLA are protected not only
by Federal and State law but also by your contract. If
any provision is violated, you have the right to file a
grievance AND a complaint with the Department of Labor.
You are encouraged to do so as soon as a problem becomes
evident. Use the representation link in the navigation
bar to report FMLA violations to your grievance committee.
In addition, you should contact the local Department of
Labor office above to file a complaint.
FMLA Required Forms and CAL:
The FMLA allows employers to use their own
forms for medical certification, but our contract does
not; per the LOA, Continental Airlines must use the DOL
Model Forms. We are in the process of grieving the use
of the CAL forms; until this issue is resolved, you are
advised to use both the form that you are given by CAL
and the DOL Model
Form provided above. Take both forms to your
doctor and make sure that there are no blanks, if something
does not apply, N/A should be placed within. Return
both forms to Continental and keep copies for yourself.
Notify the Union that you have submitted a FMLA
certification so the process can be monitored.
Frequently Asked Questions and Answers:
Q: How much leave am
I entitled to under FMLA?
If
you are an "eligible" employee, you are entitled to 12 weeks
of leave for certain family and medical reasons during a
12-month period.
Q: How is the
12-month period calculated under FMLA?
Employers may select one of
four options for determining the 12-month period:
 | the calendar year;
|
| any fixed 12-month
"leave year" such as a fiscal year, a year required by
state law, or a year starting on the employee’s
"anniversary" date; |
| the 12-month period
measured forward from the date any employee’s first FMLA
leave begins; or |
| a "rolling" 12-month
period measured backward from the date an employee uses
FMLA leave. |
Q: Does the law
guarantee paid time off?
No. The FMLA only requires
unpaid leave. However, the law permits an employee to elect,
or the employer to require the employee, to use accrued paid
leave, such as vacation or sick leave, for some or all of
the FMLA leave period. When paid leave is substituted for
unpaid FMLA leave, it may be counted against the 12-week
FMLA leave entitlement if the employee is properly notified
of the designation when the leave begins.
Q: Does workers’
compensation leave count against an employee’s FMLA leave
entitlement?
It can. FMLA leave and
workers’ compensation leave can run together, provided the
reason for the absence is due to a qualifying serious
illness or injury and the employer properly notifies the
employee in writing that the leave will be counted as FMLA
leave.
Q: Can the employer
count leave taken due to pregnancy complications against the
12 weeks of FMLA leave for the birth and care of my child?
Yes. An eligible employee
is entitled to a total of 12 weeks of FMLA leave in a
12-month period. If the employee has to use some of that
leave for another reason, including a difficult pregnancy,
it may be counted as part of the 12-week FMLA leave
entitlement.
Q: Can the employer
count time on maternity leave or pregnancy disability as
FMLA leave?
Yes. Pregnancy disability
leave or maternity leave for the birth of a child would be
considered qualifying FMLA leave for a serious health
condition and may be counted in the 12 weeks of leave so
long as the employer properly notifies the employee in
writing of the designation.
Q: If an employer
fails to tell employees that the leave is FMLA leave, can
the employer count the time they have already been off
against the 12 weeks of FMLA leave?
In most situations, the
employer cannot count leave as FMLA leave retroactively.
Remember, the employee must be notified in writing that an
absence is being designated as FMLA leave. If the employer
was not aware of the reason for the leave, leave may be
designated as FMLA leave retroactively only while the leave
is in progress or within two business days of the employee’s
return to work.
Q: Who is considered
an immediate "family member" for purposes of taking FMLA
leave?
An employee’s spouse,
children (son or daughter), and parents are immediate family
members for purposes of FMLA. The term "parent" does not
include a parent "in-law". The terms son or daughter do not
include individuals age 18 or over unless they are
"incapable of self-care" because of mental or physical
disability that limits one or more of the "major life
activities" as those terms are defined in regulations issued
by the Equal Employment Opportunity Commission (EEOC) under
the
Americans With Disabilities Act (ADA).
Q: May I take FMLA
leave for visits to a physical therapist, if my doctor
prescribes the therapy?
Yes. FMLA permits you to
take leave to receive "continuing treatment by a health care
provider," which can include recurring absences for therapy
treatments such as those ordered by a doctor for physical
therapy after a hospital stay or for treatment of severe
arthritis.
Q: Which employees
are eligible to take FMLA leave?
Employees are eligible to
take FMLA leave if they have worked for their employer for
at least 12 months, and have worked for at least 1,250 hours
over the previous 12 months, and work at a location where at
least 50 employees are employed by the employer within 75
miles.
Q: Do the 12 months
of service with the employer have to be continuous or
consecutive?
No. The 12 months do not
have to be continuous or consecutive; all time worked for
the employer is counted.
Q: Do the 1,250 hours
include paid leave time or other absences from work?
No. The 1,250 hours include
only those hours actually worked for the employer. Paid
leave and unpaid leave, including FMLA leave, are not
included.
Q: How do I determine
if I have worked 1,250 hours in a 12-month period?
Your individual record of
hours worked would be used to determine whether 1,250 hours
had been worked in the 12 months prior to the commencement
of FMLA leave. As a rule of thumb, the following may be
helpful for estimating whether this test for eligibility has
been met;
| 24 hours worked in each
of the 52 weeks of the year; or |
| over 104 hours worked in
each of the 12 months of the year;or |
| 40 hours worked per week
for more than 31 weeks (over seven months) of the year.
|
Q: Do I have to give
my employer my medical records for leave due to a serious
health condition?
No. You do not have to
provide medical records. The employer may, however, request
that, for any leave taken due to a serious health condition,
you provide a medical certification confirming that a
serious health condition exists.
Q: Can my employer
require me to return to work before I exhaust my leave?
Subject to certain
limitations, your employer may deny the continuation of FMLA
leave due to a serious health condition if you fail to
fulfill any obligations to provide supporting medical
certification. The employer may not, however, require you to
return to work early by offering you a light duty
assignment.
Q: Are there any
restrictions on how I spend my time while on leave?
Employers with established
policies regarding outside employment while on paid or
unpaid leave may uniformly apply those policies to employees
on FMLA leave. Otherwise, the employer may not restrict your
activities. The protections of FMLA will not, however, cover
situations where the reason for leave no longer exists,
where the employee has not provided required notices or
certifications, or where the employee has misrepresented the
reason for leave.
Q: Can my employer
make inquiries about my leave during my absence?
Yes, but only to you. Your
employer may ask you questions to confirm whether the leave
needed or being taken qualifies for FMLA purposes, and may
require periodic reports on your status and intent to return
to work after leave. Also, if the employer wishes to obtain
another opinion, you may be required to obtain additional
medical certification at the employer’s expense, or
rectification during a period of FMLA leave. The employer
may have a health care provider representing the employer
contact your health care provider, with your permission, to
clarify information in the medical certification or to
confirm that it was provided by the health care provider.
The inquiry may not seek additional information
regarding your health condition or that of a family member.
Q: Can my employer
refuse to grant me FMLA leave?
If you are an "eligible"
employee who has met FMLA’s notice and certification
requirements (and you have not exhausted your FMLA leave
entitlement for the year), you may not be denied FMLA
leave.
Q: Will I lose my job
if I take FMLA leave?
Generally, no. It is
unlawful for any employer to interfere with or restrain or
deny the exercise of any right provided under this law.
Employers cannot use the taking of FMLA leave as a negative
factor in employment actions, such as hiring, promotions or
disciplinary actions; nor can FMLA leave be counted under
"no fault" attendance policies. Under limited circumstances,
an employer may deny reinstatement to work - but not the use
of FMLA leave - to certain highly-paid, salaried ("key")
employees.
Q: Are there other
circumstances in which my employer can deny me FMLA leave or
reinstatement to my job?
In addition to denying
reinstatement in certain circumstances to "key" employees,
employers are not required to continue FMLA benefits or
reinstate employees who would have been laid off or
otherwise had their employment terminated had they continued
to work during the FMLA leave period as, for example, due to
a general layoff.
Employees who give
unequivocal notice that they do not intend to return to work
lose their entitlement to FMLA leave.
Employees who are unable to
return to work and have exhausted their 12 weeks of FMLA
leave in the designated "12 month period" no longer have
FMLA protections of leave or job restoration
Under certain
circumstances, employers who advise employees experiencing a
serious health condition that they will require a medical
certificate of fitness for duty to return to work may deny
reinstatement to an employee who fails to provide the
certification, or may delay reinstatement until the
certification is submitted.
Q: Can my employer
fire me for complaining about a violation of FMLA?
No. Nor can the employer
take any other adverse employment action on this basis. It
is unlawful for any employer to discharge or otherwise
discriminate against an employee for opposing a practice
made unlawful under FMLA.
Q: Under what
circumstances is leave designated as FMLA leave and counted
against the employee's total entitlement?
In all circumstances, it is the employer's responsibility to
designate leave taken for an FMLA reason as FMLA leave. The
designation must be based upon information furnished by the
employee. Leave may not be designated as FMLA leave after
the leave has been completed and the employee has returned
to work, except if;
| the employer is awaiting
receipt of the medical certification to confirm the
existence of a serious health condition;
|
| the employer was unaware
that leave was for an FMLA reason, and subsequently
acquires information from the employee such as when the
employee requests additional or extensions of leave; or,
|
| the employer was unaware
that the leave was for an FMLA reason, and the employee
notifies the employer within two days after return to work
that the leave was FMLA leave.
|
Q: Can my employer
count FMLA leave I take against a no fault absentee policy?
No.
The Family and Medical
Leave Act ("FMLA") provides certain employees with up to 12
workweeks of unpaid, job-protected leave a year, and
requires group health benefits to be maintained during the
leave as if employees continued to work instead of taking
leave. This Compliance Guide summarizes the FMLA provisions
and regulations1, and provides answers to
the most frequently asked questions. More detail on the FMLA
may be found in the regulations (29 CFR
Part 825).
Summary
The FMLA became effective
August 5, 1993, for most employers and employees. (For those
covered by a collective bargaining agreement (CBA) in effect
on that date, the FMLA became effective on the expiration of
the CBA or February 5, 1994, whichever was earlier.)
This law covers only
certain employers; affects only those employees eligible for
the protections of the law; involves entitlement to leave,
maintenance of health benefits during leave, and job
restoration after leave; sets requirements for notice and
certification of the need for FMLA leave; and protects
employees who request or take FMLA leave. The law also
includes
certain employer recordkeeping requirements.
Purposes of the
FMLA
Employer Coverage Employee
Eligibility Leave Entitlement
Intermittent/Reduced Schedule Leave Substitution
of Paid Leave Serious Health Condition
Medical Certification Health
Care Provider Maintenance of Health
Benefits
Other Benefits Job
Restoration Key Employee Exception
The FMLA allows employees
to balance their work and family life by taking reasonable
unpaid leave for certain family and medical reasons. The
FMLA seeks to accomplish these purposes in a manner that
accommodates the legitimate interests of employers, and
minimizes the potential for employment discrimination on the
basis of gender, while promoting equal employment
opportunity for men and women.
Employer
Coverage
FMLA applies to all:
| public agencies,
including State, local and Federal employers, and local
education agencies (schools); and, |
| private sector employers
who employ 50 or more employees for at least 20 workweeks
in the current or preceding calendar year - including
joint employers and successors of covered employers.
|
For FMLA purposes, most
Federal and Congressional employees are under the
jurisdiction of the U.S. Office of Personnel Management (OPM)
or the Congress.
Employee
Eligibility
To be eligible for FMLA
leave, an employee must work for a covered employer and:
Leave
Entitlement
A covered employer must
grant an eligible employee up to a total of 12 workweeks of
unpaid leave in a 12 month period for one or more of the
following reasons:
Leave to care for a newborn
child or for a newly placed child must conclude within 12
months after the birth or placement. (See
CFR Section 825.201)
Spouses employed by the
same employer may be limited to a combined total of 12
workweeks of family leave for the
following reasons:
| birth and care of a
child; |
| for the placement of a
child for adoption or foster care, and to care for the
newly placed child; and, |
| to care for an
employee's parent who has a serious health condition.
|
Intermittent/Reduced Schedule Leave
The FMLA permits employees
to take leave on an intermittent basis or to work a reduced
schedule under certain circumstances. CFR Section 203)
Only the amount of leave
actually taken while on intermittent/reduced schedule leave
may be charged as FMLA leave. Employees may not be required
to take more FMLA leave than necessary to address the
circumstances that cause the need for leave. Employers may
account for FMLA leave in the shortest period of time that
their payroll systems use, provided it is one hour or less.
(See
CFR Section 825-205)
Employees needing
intermittent/reduced schedule leave for foreseeable medical
treatment must work with their employers to schedule the
leave so as not to unduly disrupt the employer's operations,
subject to the approval of the employee's health care
provider. In such cases, the employer may transfer the
employee temporarily to an
alternative job with equivalent pay and benefits that
accommodates recurring periods of leave better than the
employee's regular job.
Substitution
of Paid Leave
Employees may choose to
use, or employers may require the employee to use, accrued
paid leave to cover some or all of the FMLA leave taken.
Employees may choose, or employers may require, the
substitution of accrued paid vacation or personal leave for
any of the situations covered by FMLA. The substitution of
accrued sick or family leave is limited by the employer's
policies governing the use of such leave.
Serious Health
Condition
"Serious health condition"
means an illness, injury, impairment, or physical or mental
condition that involves:
|
any period of incapacity
or treatment connected with inpatient care (i.e., an
overnight stay) in a hospital, hospice, or residential
medical care facility; or |
|
a period of incapacity
requiring absence of more than three calendar days from
work, school, or other regular daily activities that also
involves continuing treatment by (or under the supervision
of) a health care provider; or |
|
any period of incapacity
due to pregnancy, or for prenatal care; or
|
|
any period of incapacity
(or treatment therefore) due to a chronic serious health
condition (e.g., asthma, diabetes, epilepsy, etc.); or
|
|
a period of incapacity
that is permanent or long-term due to a condition for
which treatment may not be effective (e.g., Alzheimer's,
stroke, terminal diseases, etc.); or, |
|
any absences to receive
multiple treatments (including any period of recovery
therefrom) by, or on referral by, a health care provider
for a condition that likely would result in incapacity of
more than three consecutive days if left untreated (e.g.,
chemotherapy, physical therapy, dialysis, etc.).
|
Medical
Certification
An employer may require
that the need for leave for a serious health condition of
the employee or the employee's immediate family member be
supported by a certification issued by a health care
provider. The employer must allow the employee at least 15
calendar days to obtain the medical certification.
An employer may, at its own
expense, require the employee to obtain a second medical
certification from a health care provider. The employer may
choose the health care provider for the second opinion,
except that in most cases the employer may not regularly
contract with or otherwise regularly use the services of the
health care provider. If the opinions of the employee's and
the employer's designated health care providers differ, the
employer may require the employee to obtain certification
from a third health care provider, again at the employer's
expense. This third opinion shall be final and binding. The
third health care provider must be approved jointly by the
employer and the employee. The "Certification of Health Care
Provider" (optional form
WH-380) may be used to obtain the certifications.
Health Care
Provider
Health care providers who
may provide certification of a serious health condition
include:
Maintenance of
Health Benefits
A covered employer is
required to maintain group health insurance coverage,
including family coverage, for an employee on FMLA leave on
the same terms as if the employee continued to work.
Where appropriate,
arrangements will need to be made for employees taking
unpaid FMLA leave to pay their share of health insurance
premiums. For example, if the group health plan involves
co-payments by the employer and the employee, an employee on
unpaid FMLA leave must make arrangements to pay his or her
normal portion of the insurance premiums to maintain
insurance coverage, as must the employer. Such payments may
be made under any arrangement voluntarily agreed to by the
employer and employee.
An employer's obligation to
maintain health benefits under FMLA stops if and when an
employee informs the employer of an intent not to return to
work at the end of the leave period, or if the employee
fails to return to work when the FMLA leave entitlement is
exhausted. The employer's obligation also stops if the
employee's premium payment is more than 30 days late and the
employer has given the employee written notice at least 15
days in advance advising that coverage will cease if payment
is not received.
In some circumstances, the
employer may recover premiums it paid to maintain health
insurance coverage for an employee who fails to return to
work from FMLA leave.
Other Benefits
Other benefits, including
cash payments chosen by the employee instead of group health
insurance coverage, need not be maintained during periods of
unpaid FMLA leave.
Certain types of earned
benefits, such as seniority or paid leave, need not continue
to accrue during periods of unpaid FMLA leave provided that
such benefits do not accrue for employees on other types of
unpaid leave. For other benefits, such as elected life
insurance coverage, the employer and the employee may make
arrangements to continue benefits during periods of unpaid
FMLA leave. An employer may elect to continue such benefits
to ensure that the employee will be eligible to be restored
to the same benefits upon returning to work. At the
conclusion of the leave, the employer may recover only the
employee's share of premiums it paid to maintain other
"non-health" benefits during unpaid FMLA leave.
Job
Restoration
Upon return from FMLA
leave, an employee must be restored to his or her original
job, or to an "equivalent" job, which means virtually
identical to the original job in terms of pay, benefits, and
other employment terms and conditions.
In addition, 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 (but not necessarily during) FMLA leave.
"Key" Employee
Exception
Under limited circumstances
where restoration to employment will cause "substantial and
grievous economic injury" to its operations, an employer may
refuse to reinstate certain highly-paid, salaried "key"
employees. In order to do so, the employer must notify the
employee in writing of his/her status as a "key" employee
(as defined by FMLA), the reasons for denying job
restoration, and provide the employee a reasonable
opportunity to return to work after so notifying the
employee.
Notice
Employee Notice 29CFR825.302 Employer
Notices 29CFR825.300
Unlawful Acts Enforcement Other
Provisions
Employee
Notice 29CFR825.302
Eligible employees seeking
to use FMLA leave may be required to provide:
| 30-day advance notice of
the need to take FMLA leave when the need is foreseeable;
|
| notice "as soon as
practicable" when the need to take FMLA leave is not
foreseeable ("as soon as practicable" generally means at
least verbal notice to the employer within one or two
business days of learning of the need to take FMLA leave);
|
| sufficient information
for the employer to understand that the employee needs
leave for FMLA-qualifying reasons (the employee need not
mention FMLA when requesting leave to meet this
requirement, but may only explain why the leave is
needed); and, |
| where the employer was
not made aware that an employee was absent for FMLA
reasons and the employee wants the leave counted as FMLA
leave, timely notice (generally within two business days
of returning to work) that leave was taken for an
FMLA-qualifying reason. |
Employer
Notices 29CFR825.300
Covered employers must take
the following steps to provide information to employees
about FMLA:
Unlawful Acts
FMLA makes it unlawful for
any employer to interfere with, restrain, or deny the
exercise of any right provided by this law. It is also
unlawful for an employer to discharge or discriminate
against any individual for opposing any practice, or because
of involvement in any proceeding, related to FMLA.
Employers cannot use the
taking of FMLA leave as a negative factor in employment
actions, such as hiring, promotions, or disciplinary
actions; nor can FMLA leave be counted under "no fault"
attendance policies.
Enforcement
FMLA is enforced by the
Wage and Hour Division of the U.S. Department of Labor's
Employment Standards Administration. This agency
investigates complaints of violations. If violations cannot
be satisfactorily resolved, the Department may bring action
in court to compel compliance.
An eligible employee may
bring a private civil action against an employer for
violations. An employee is not required to file a complaint
with the Wage and Hour Division prior to bringing such
action.
Other
Provisions
Some special rules apply to
employees of local education agencies. Generally, these
rules provide for FMLA leave to be taken in blocks of time
when the leave is needed intermittently or when leave is
required near the end of a school term (semester).
Several States and other
jurisdictions also have family or medical leave laws. If
both the Federal law and a State law apply to an employer's
operations, an employee is entitled to the most generous
benefit provided under either law.
Employers may also provide
family and medical leave that is more generous than the FMLA
leave requirements.
The FMLA does not modify or
affect any Federal or State law which prohibits
discrimination.
Notice Section of
FMLA:
29 CFR 825.301 - What
other notices to employees are required of employers under
the FMLA?
| Section Number: 825.301
|
| Section Name: What other notices to employees
are required of employers under the FMLA? |
(a)(1) If an FMLA-covered employer
has any eligible employees and
has any written guidance to employees concerning
employee benefits or
leave rights, such as in an employee handbook,
information concerning
FMLA entitlements and employee obligations under the
FMLA must be
included in the handbook or other document. For example,
if an employer
provides an employee handbook to all employees that
describes the
employer's policies regarding leave, wages, attendance,
and similar
matters, the handbook must incorporate information on
FMLA rights and
responsibilities and the employer's policies regarding
the FMLA.
Informational publications describing the Act's
provisions are available
from local offices of the Wage and Hour Division and may
be incorporated
in such employer handbooks or written policies.
(2) If such an employer does not have written policies,
manuals, or
handbooks describing employee benefits and leave
provisions, the
employer shall provide written guidance to an employee
concerning all
the employee's rights and obligations under the FMLA.
This notice shall
be provided to employees each time notice is given
pursuant to paragraph
(b), and in accordance with the provisions of that
paragraph. Employers
may duplicate and provide the employee a copy of the
FMLA Fact Sheet
available from the nearest office of the Wage and Hour
Division to
provide such guidance.
(b)(1) The employer shall also provide the employee with
written
notice detailing the specific expectations and
obligations of the
employee and explaining any consequences of a failure to
meet these
obligations. The written notice must be provided to the
employee in a
language in which the employee is literate (see Sec.
825.300(c)). Such
specific notice must include, as appropriate:
(i) that the leave will be counted against the employee's
annual
FMLA leave entitlement (see Sec. 825.208);
(ii) any requirements for the employee to furnish medical
certification of a serious health condition and the
consequences of
failing to do so (see Sec. 825.305);
(iii) the employee's right to substitute paid leave and
whether the
employer will require the substitution of paid leave,
and the conditions
related to any substitution;
(iv) any requirement for the employee to make any premium
payments
to maintain health benefits and the arrangements for
making such
payments (see Sec. 825.210), and the possible
consequences of failure to
make such payments on a timely basis (i.e., the
circumstances under
which coverage may lapse);
(v) any requirement for the employee to present a
fitness-for-duty
certificate to be restored to employment (see Sec.
825.310);
(vi) the employee's status as a ``key employee'' and the
potential
consequence that restoration may be denied following
FMLA leave,
explaining the conditions required for such denial (see
Sec. 825.218);
(vii) the employee's right to restoration to the same or an
equivalent job upon return from leave (see Secs. 825.214
and 825.604);
and,
(viii) the employee's potential liability for payment of
health
insurance premiums paid by the employer during the
employee's unpaid
FMLA leave if the employee fails to return to work after
taking FMLA
leave (see Sec. 825.213).
(2) The specific notice may include other information--e.g.,
whether
the employer will require periodic reports of the
employee's status and
intent to return to work, but is not required to do so.
A prototype
notice is contained in Appendix D of this part, or may
be obtained from
local offices of the Department of Labor's Wage and Hour
Division, which
employers may adapt for their use to meet these specific
notice
requirements.
(c) Except as provided in this subparagraph, the written
notice
required by paragraph (b) (and by subparagraph (a)(2)
where applicable)
must be provided to the employee no less often than the
first time in
each six-month period that an employee gives notice of
the need for FMLA
leave (if FMLA leave is taken during the six-month
period). The notice
shall be given within a reasonable time after notice of
the need for
leave is given by the employee--within one or two
business days if
feasible. If leave has already begun, the notice should
be mailed to the
employee's address of record.
(1) If the specific information provided by the notice
changes with
respect to a subsequent period of FMLA leave during the
six-month
period, the employer shall, within one or two business
days of receipt
of the employee's notice of need for leave, provide
written notice
referencing the prior notice and setting forth any of
the information in
subparagraph (b) which has changed. For example, if the
initial leave
period were paid leave and the subsequent leave period
would be unpaid
leave, the employer may need to give notice of the
arrangements for
making premium payments.
(2)(i) Except as provided in subparagraph (ii), if the
employer is
requiring medical certification or a
``fitness-for-duty'' report,
written notice of the requirement shall be given with
respect to each
employee notice of a need for leave.
(ii) Subsequent written notification shall not be required if
the
initial notice in the six-months period and the employer
handbook or
other written documents (if any) describing the
employer's leave
policies, clearly provided that certification or a
``fitness-for-duty''
report would be required (e.g., by stating that
certification would be
required in all cases, by stating that certification
would be required
in all cases in which leave of more than a specified
number of days is
taken, or by stating that a ``fitness-for-duty'' report
would be
required in all cases for back injuries for employees in
a certain
occupation). Where subsequent written notice is not
required, at least
oral notice shall be provided. (See Sec. 825.305(a).)
(d) Employers are also expected to responsively answer
questions
from employees concerning their rights and
responsibilities under the
FMLA.
(e) Employers furnishing FMLA-required notices to sensory
impaired
individuals must also comply with all applicable
requirements under
Federal or State law.
(f) If an employer fails to provide notice in accordance with
the
provisions of this section, the employer may not take
action against an
employee for failure to comply with any provision
required to be set
forth in the notice.
[60 FR 2237, Jan. 6, 1995; 60 FR 16383, Mar. 30, 1995]
LETTER OF AGREEMENT
between
CONTINENTAL AIRLINES, INC.
and
THE
INTERNATIONAL ASSOCIATION OF
MACHINISTS
AND
AEROSPACE WORKERS
Regarding
Family And Medical Leave (“FMLA”)
Continental Airlines, Inc. (“CAL” or “the
Company”) and
the International Association of Machinists
and
Aerospace Workers (“IAM” or “the Union”) have
reached
this memorandum of understanding in order to
comply
with the provisions of the Family Medical
Leave Act of
1993 (“FMLA”). This memorandum of
understanding
provides some benefits which are greater than
those set
forth in the CAL/IAM agreement. FMLA leave
may be
used up to twelve (12) months after the birth
or adoption
of a child, when a family member suffers a
serious health
condition requiring continuing care and a
medical health
care provider certifies that the flight
attendant is needed
for such care, and when the flight attendant
her/himself is
seriously ill or injured. Family member is
defined as
spouse (as recognized by state law where the
flight
attendant lives), a parent (a biological
parent or person
who raised the flight attendant when he/she
was a child),
son or daughter (a biological, adopted,
foster or step
child, legal ward or minor child who is being
raised by the
flight attendant). The child(ren) must be
under 18 years
of age or incapable of self-care (due to
mental or physical
disability). Each non-probationary flight
attendant who
has been available for duty for 60% of the
time during the
twelve (12) month period immediately
preceding the
commencement of the FMLA leave is entitled to
the
LOA
15 - 1 FMLA
equivalent of ninety (90) calendar days
(approximately
sixty (60) work days) of unpaid FMLA leave in
any twelve
(12) month period. All FMLA leave is unpaid.
1. Flight attendants are required to give
thirty (30)
days advance notice if the leave is
foreseeable,
such as with the birth or placement of a
child or
planned medical treatment. If thirty (30)
days is
not practicable, as much advance notice as
possible should be given.
2. The Company may require medical
certification for
FMLA leave and will be using the prescribed
Department of Labor model form. Flight
attendants may be required on a periodic
basis, to
provide evidence of continuing eligibility
for FMLA
leave.
3. When FMLA leave entitlement is exhausted,
additional leave may be granted in accordance
with the CAL/IAM agreement. Flight attendants
suffering from serious health conditions or
who are
pregnant will have the option of using paid
sick
leave prior to utilizing unpaid FMLA leave.
All
flight attendants may choose to exhaust
unused
vacation time before using FMLA leave.
4. Flight attendants who are using FMLA leave
to
recover from a serious health condition or to
care
for a family member who has such a condition
may take the leave on an intermittent basis
if the
treating medical care provider deems it
necessary.
For the purpose of tracking intermittent FMLA
leave usage, flight attendants shall be
entitled to
two hundred, fifty hours (250:00) (three (3)
months
at eighty-three and one third hours (83:20)
per
month) of FMLA leave in any twelve (12) month
FMLA
LOA 15 - 2
period. Flight attendants will be charged the
actual time missed or four hours and nine
minutes
(4:09) (eighty-three and one third hours
(83:20)
per month divided by twenty (20) work days
per
month) for each day or portion of a day
missed for
FMLA leave purposes, whichever is less.
5. Seniority for all purposes will continue
to accrue
during the ninety (90) days of family medical
leave. Thereafter, continuing absences will
accrue
bid seniority only. Application of family
medical
leave will not be considered for attendance
related
purposes.
6. The Company will maintain group health
benefits
during the family medical leave period on the
same conditions as coverage would have been
provided if the flight attendant had been
employed
continuously during the leave period.
7. Flight attendants on FMLA leave who wish
to
travel must request a letter of
authorization. This
letter must be signed and approved by the
employee’s supervisor and the Employee
Relations Manager. The original letter of
authorization must be carried with the
eligible
traveler when traveling. Pass travel on
maternity/paternity leaves is available with
authorization. Pass travel during a serious
health
condition leave is available only for travel
to/from
the location of the family member requiring
care.
8. Nothing in this agreement shall preclude a
flight
attendant from taking family medical leave
(a)
before the birth of a child for prenatal care
if her
condition makes her unable to work or (b)
before
the actual placement or adoption of a child
if an
LOA
15 - 3 FMLA
absence from work is required for the
placement,
adoption or foster care to proceed.
9. The Company and the Union agree to meet
and
confer after the Department of Labor
promulgates
the final regulations implementing FMLA to
ensure
that this memorandum of understanding
complies
with those regulations.
By: /s/ Jo Richard Date: 6/15/94
On behalf of Continental Airlines, Inc.
By: /s/ William O’Driscoll Date: 6/15/94
On behalf of International Association of
Machinists and Aerospace Workers
 
|
|
|
Copyright © 2009 I.A.M.& A.W. Local Lodge 2339-C. All rights reserved
|
|
 |
Machinists Non-Partisan
Political League |
 |
| |
Did you know that Continental Airlines contributes large sums of
money to political organizations in order to get it's agenda
heard? Did you also know that no matter what is in your
contract, it can be undone by legislation; legislation which
companies like Continental are promoting. The MNPL is your
voice in legislative matters. It is your counterbalance to
corporations' huge investments in undermining workers' rights.
Your dues money CANNOT be used for political action, that is why
the MNPL exists. Your donations fund the Union's efforts
to prevent and undo legislation that hurts workers rights.
Take an interest in your future; it does not end with your
contract.
Visit
the MNPL website.
|
|
|
