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post #1 of 9 (permalink) Old 06-09-2009, 10:03 AM Thread Starter
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FMLA Update

Here is a bit of info for anyone that has taken FMLA in the last couple of years. On the railroad and like alot of other companies when you take FMLA leave they force you to use your vacation time and any other paid time off you have built up in order to take off under FMLA. The Unions at the Railroad have been fighting this practice since they came out with it claiming that FMLA law was not intended to be used in that manner. We argued that an employee should have the choice under FMLA LAW that if they wanted time off it could be without pay so they could save their vacation time and sick time for a later date. Well the Railroads refused to negotiate with us and pretty much said if you don't like it take us to court and thats exactly what the Unions did. Today a 3 panel judge ruled in favored of the unions and claimed that FMLA Law was never intended to force employees to take vacation time in order to get time off. The 3 panel judge also ruled that the railroads will be forced to back pay any employee that was forced to use vacation or sick time under FMLA. So basicly employee's will be paid double pay for any day they took off under FMLA. This is the first ruling of this kind on FMLA so look for alot of companies to change their policies in the near future.

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post #2 of 9 (permalink) Old 06-09-2009, 08:56 PM
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Yay for getting paid double time when you didn't turn a lick of work to earn it!
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post #3 of 9 (permalink) Old 06-10-2009, 10:23 AM Thread Starter
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Yay for getting paid double time when you didn't turn a lick of work to earn it!

Yay for letting companies screw workers by braking the law. A little punishment aka coughing up cash goes along way to making Corporate America play by the rules.

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post #4 of 9 (permalink) Old 06-10-2009, 11:06 AM
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The whole point of FMLA is to take time off, unpaid, but be guaranteed you get your job back when the FMLA "emergency" is over.

Good ruling to me. X2 on making business pay cash...its the only way they listen when it hits the bottom line.

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post #5 of 9 (permalink) Old 06-10-2009, 12:42 PM
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Yay for getting paid double time when you didn't turn a lick of work to earn it!
X2

I'd sure like to get paid again for time that I was already paid once for.
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post #6 of 9 (permalink) Old 06-10-2009, 12:57 PM
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The whole point of FMLA is to take time off, unpaid, but be guaranteed you get your job back when the FMLA "emergency" is over.

Good ruling to me. X2 on making business pay cash...its the only way they listen when it hits the bottom line.
I wonder how many lay offs they will have to come up with that cash.... when the bottom line gets hurt lay offs happen.
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post #7 of 9 (permalink) Old 06-10-2009, 02:52 PM
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I wonder how many lay offs they will have to come up with that cash.... when the bottom line gets hurt lay offs happen.
If they have to lay off people because of this, then there's more things wrong then them just abusing FMLA.

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post #8 of 9 (permalink) Old 06-10-2009, 08:56 PM
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Good ruling to me. X2 on making business pay cash...its the only way they listen when it hits the bottom line.
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If they have to lay off people because of this, then there's more things wrong then them just abusing FMLA.

So where the hell are you on this? The first post says it's all good, while the second says the by product of the all good is bad, while seemingly admitting that it's abuse of FMLA.

Do you even know where you stand?



PS: Freight train: you ain't at work, so please try using the proper tense of breaking. K Thx, now consult your union handbook for proper course of action...
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post #9 of 9 (permalink) Old 06-11-2009, 08:05 AM
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So where the hell are you on this? The first post says it's all good, while the second says the by product of the all good is bad, while seemingly admitting that it's abuse of FMLA.

Do you even know where you stand?
Yes. I oppose abuse of the FMLA on employees. Its 12 weeks of unpaid time off with a guarantee of your job when you come back. Not "use your vacation-sick-time-during-those-12-weeks-before-you-can-come-back". If a company violates that or any other work-related law then they should get fined. What's wrong with that?

The "counter" by mustangguy was, well, if a business has to pay the fine (because of breaking the law) then that cash out lay would force them to lay people off. I'm merely saying if business conditions force them to lay people off because they have to merely pay a fine, then there's more wrong with the business than simply breaking the one law.

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