As many of you have experienced, the latest way for corporate America to increase their bottom line and raise their stocks value is to attack sick days. If they can reduce the days that their employees are using they can show Wall Street and the stock price goes up, this is done with total disregard for their employees, our members. However there are ways to fight back. The Family Medical Leave Act is a law that was enacted February 5, 1993 that may help you and your family. The key to this law is that you must apply through your company and meet certain criteria. In general, an eligible employee shall be entitled to a total of 12 workweeks
of leave during any 12-month period for one or more of the following:

(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.

(B) Because of the placement of a son or daughter of the employee for adoption or foster care.

(C) In order to care for the spouse, son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.

(D) Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee. This may be taken intermittently or on a reduced leave schedule when medically necessary. If you or anyone in your family falls into this category you are eligible. (Leave must be a serious health condition (short term or minor health issues would not apply.) The good part for the workers is that if you are approved and you take time off for the above issues YOU CANNOT BE DISCIPLINED! For example; If you have a heart condition and have applied and been approved for FMLA and you need to go to the doctor at 2:00 p.m. for treatment you can take two hours of FMLA and go to your appointment. If you need to call in sick because of an approved FMLA issue YOU CANNOT BE DISCIPLINED! If you have a serious health condition get the forms through your respective company, go to your doctor and tell him that you are going to apply for relief under FMLA.

Another tool that you need to know about is the Small Necessity Leave Act. The Small Necessities Leave Act is a Massachusetts Law that permits an employee leave for the following purposes To participate in school activities directly related to the educational
advancement of a son or daughter of the employee, such as a parent-teacher conference or interviewing for a new school; to accompany a son or daughter of the employee to routine medical or dental appointments, such as check-ups or vaccinations; and To accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other professional services relating to the elder’s care, such as interviewing at nursing or group homes. The 24 hours of leave available under this benefit are in addition to the 12 weeks of leave provided for under the federal Family and Medical Leave Act. The 24 hours may be taken within the 12-month calendar year period and the time may be taken on an intermittent (i.e. 2 hours to attend a parent-teacher conference) or reduced-time schedule and YOU CANNOT BE DISCIPLINED.

An employee is required to provide his/her department with seven (7) days’ notice of the need for the leave if the leave is foreseeable. If the necessity for the leave is not foreseeable, the employee is required to provide notice of the leave as soon as practicable. The law provides for an unpaid leave of absence. An employee may elect to use any available accrued vacation, personal or sick leave benefits provided the use of such time is in accordance with the employee’s appropriate collective bargaining agreement.

A department may require that written certification or documentation support a request for leave under this act. So, as a worker, there are ways to fight back and I strongly encourage you to do so. If you have any questions or need assistance, please feel free to call me at the Union offices anytime.