Intermittent fmla & Regular call out policies.

[CasinoDLR]

What is the name of your state (only U.S. law)? New Jersey

Hi,

I'll first explain my jobs call out policy. When I call out I get a one point. Now if I go 90 consecutive days without a call out I lose one point.

I while ago I read another post about someone asking a question about intermittent fmla and regular call out policies, I can't remember exactly the question, I know it had to do with her job telling her that their policy over rides fmla policy, something crazy like that. But what I do remember is that she got a response in her thread that intermittent fmla and regular call out policies do not effect each other, they are separate policies and fmla is federal and regular policies do not over ride fmla policies.

So my question is that. I have points on my record for using regular call outs. I went 90 days without a regular call and I was expecting to lose one point off my record, but I didn't. I asked them why I didn't lose a point and they said I call out during those 90 days so I don't lose a point. I said yeah I did call out but that was with my fmla and they said it doesn't matter a call out is a call out. So they are actually penalizing me for using my fmla, so it feels that way.

Like I said I have not idea the law on this, but I feel that fmla shouldn't effect my employers regular sick call policy.

Thank
Anthony

 

[swalsh411]

The law doesn't address "points" systems and it sure as heck isn't specific enough to address exactly what your employer is doing. They are required to comply with the FMLA. So long as you are permitted to take time off within the rules of the law, they are in compliance. How they handle your "points", so long as you are not illegally terminated, is not something any law speaks to.

 

[CasinoDLR]

Yeah I figure that about the point system and the law. I was just trying to find out if they were totally two separate policies and one doesn't effect the other. I really doesn't have anything to do with the points. I just felt that fmla is separate and it shouldn't have anything to do with any other policy.

Thanks for replying to my thread, appreciate it.

 

[cbg]

As a matter of fact, the law requires that FMLA leave be treated exactly the same as any other leave. You can't be penalized for taking FMLA, but you don't get special privileges either.

 

[CasinoDLR]

I wasn't considering it a special privilege. I'm just trying to figure out if my job can use my fmla against me when it comes to their regular call out policy.

I work with over 5000 people, I don't know one person that has intern fmla and points on their record. People use fmla for every call out so they don't get points. I use fmla when I'm sick and regular call outs when I'm not and that's why I have points on my record.

I feel if I use a regular call out within those 90 days then I shouldn't lose a point, but if that call out is fmla then when the 90 days is reached I should lose a point from when I called out without fmla.

I think it all comes down to if someone was to get fired for points and in reality they really don't have the totals points that their jobs says they do because the points should be less because they went 90 days on more then one occasion without a regular call out, which would give them less points. And that is saying that their sick call out policy over rides fmla policy..

I have no idea but it sounds good

 

[cbg]

You CANNOT be fired because you used FMLA. Any time that was applicable to FMLA is protected. That is a completely separate issue from how your employer's points policy works.

 

[justalayman]

CasinoDLR;3126267]I wasn't considering it a special privilege. I'm just trying to figure out if my job can use my fmla against me when it comes to their regular call out policy.

no but being on FMLA does not mean you won't get points. It does nothing for or against your points.

I use fmla when I'm sick and regular call outs when I'm not and that's why I have points on my record.

fmla is not available for simply being "sick". The law defines what is covered as a seroius health condition.

http://www.dol.gov/whd/fmla/finalrule/NonMilitaryFAQs.pdf

Q. Are there any changes to the definition of a serious health condition under the
regulations?
A. A “serious health condition” is defined as an illness, injury, impairment, or physical
or mental condition that involves inpatient care or continuing treatment by a health care
provider. The “continuing treatment” test for a serious health condition under the
regulations may be met through (1) a period of incapacity of more than three consecutive,
full calendar days plus treatment by a health care provider twice, or once with a
continuing regimen of treatment, (2) any period of incapacity related to pregnancy or for
prenatal care, (3) any period of incapacity or treatment for a chronic serious health
condition, (4) a period of incapacity for permanent or long-term conditions for which
treatment may not be effective, or (5) any period of incapacity to receive multiple
treatments (including recovery from those treatments) for restorative surgery, or for a
condition which would likely result in an incapacity of more than three consecutive, full
calendar days absent medical treatment.

The regulations specify that if an employee asserts a serious health condition under the
requirement of a “period of incapacity of more than three consecutive, full calendar days
and any subsequent treatment or period of incapacity relating to the same condition,” the
employee’s first treatment visit (or only visit, if coupled with a regimen of continuing
treatment) must take place within seven days of the first day of incapacity. Additionally,
if an employee asserts that the condition involves “treatment two or more times,” the two
visits to a health care provider must occur within 30 days of the first day of incapacity.
Finally, the regulations define “periodic visits” for treatment of a chronic serious health
condition as at least twice a year.

so does your "being sick" qualify for FMLA?

 

[CasinoDLR]

I was just using the word sick, not meaning a cold ect. I guess I should've been more clear. I have two medical conditions that my fmla is for.

 

[CasinoDLR]

My two serious health conditions are ( Satyriasis ) and ( Gay Bowel Syndrome ), the Satyriasis is what's causing the Gay bowel Syndrome.

There's no cure for satyriasis, it's just something I was born with. The gay bowel syndrome is getting a lot better because I make sure a condom is always used for now on.

 

[swalsh411]

You have got to be kidding me.

 

[justalayman]

My two serious health conditions are ( Satyriasis ) and ( Gay Bowel Syndrome ), the Satyriasis is what's causing the Gay bowel Syndrome.

There's no cure for satyriasis, it's just something I was born with. The gay bowel syndrome is getting a lot better because I make sure a condom is always used for now on.

I don't see how satyriasis would be classified as a serious health condition. It does not prevent you from performing your job./

and no, you weren't born with satyriasis.

 

[cbg]

JAL, that was the point at which I decided this poster was a troll.

 

[ecmst12]

Most DEFINITELY a troll.

 

[CasinoDLR]

Well I was approved for both my conditions, but that's a different topic.

I was at work today and was given a phone number from a coworker that won a law suit against her privious job that had to do with fmla.

She said this person works for the DOL and can answer any questions I have.

I call and it turns out the my job can do what they want when it comes to the point system. I was told to keep track of all my points, when I get them and when they fall off. And if anything was to happen like a write up for call outs or even termination then that's when I show them what my actual call outs are. He said fmla and employer call out policies are two different policies and one does not effect the another one.

He said if I go 90 days without I regular call out then I am entitled to lose a point off my record. If I do use a fmla call out during those 90 days then that call out does not go against me for losing a point. That call out has nothing to do will regular policy.

He said all it comes down to is my job can do what they want with points, but if it went court all I would have to do is show the court when and how I lost points that my job is charging me with.

He said he's seen this multiple times and the employee always won when it came down to these policies.

He said employer call out policy does not over ride fmla policy.

This would never happen to me anyway, I only have three points. It was talked about between a few of us at work so I wanted to see if I could find the answer.

I work in the casino business and all they want to do is control everything they can even if its illegal. They get away with it 90% of the time, until someone speaks up for them selves.

Here's a good one for you. They tried to fire one of my coworkers and friend of mine for using a couple of profanity words on Facebook. They said we need to watch out how we conduct ourselves outside of work because we represent their company. Of course he won his case.

Thanks

 

[cbg]

Troll.....