I was recently out on a workers comp injury and returned to work 2 weeks ago. My wife is 7 months pregnant and has just been put on bed rest. I know UPS sent me something about being out on comp might affect my FMLA. Is there a difference between paid family leave and FMLA. Someone told me that UPS can make me take up to 2 weeks vacation time and I am fine with that. I don't need to be at home every day right now, but due to her condition they might try to take the baby early and I will need to be off then. Any info would be appreciated.

Well first of all Welcome back .
Second, Good Luck
You didn't say where you are out of . I don't know your contract . At local 705 Chicago , and I work for DHL. We have THE CHOICE to take FMLA WITHOUT IT EFFECTING OUR VACATION OR PERSONAL TIME .
The best I'd say is contact your steward /and or BA to get advice .

Mike

FMLA is a Federal law that all companys ( with certain amount of employees have to abide by) If you take FMLA for anyone other than yourself the company can use your vacation time. If you take Fmla for yourself they cannot take your vacation time. Either way they have to continue to pay your health and wealfare. The key word is they CAN take it . Look into past practice within your company and contact human resources. Family first aslways!! Good luck
0

(before I retired)

IF..your contract provides you with paid leave AND has an obligation to continue your H&W...DO NOT agree to take FMLA!

The company wants to force you on FMLA in order to burn up your vacation time...also, if YOU agree to take FMLA..and a few months later you have a FAMILY crisis you will not have any FMLA benefits left to cover your H&W..and would be forced to pay COBRA self payments...

The problem with the FMLA law is few people (including lawyers) understand how it really works...

Local 728 used to be real good at getting "company forced" FMLA reversed!!

But check with your Local.. it is my understanding that a few years back the IBT sent a letter to all Locals telling them that FMLA could not be used to replace a benefit that was equal to, or greater than, a benefit already provided for in the contract.

Stark, You hit the nail on the head. This is the most confusing law with all of its exemptions. ??: Each Company seems to interpret it differently. Your right, lawyers do not understand it. My advice is burn any sick or vacation before you use FMLA for something such as elected surgery or births.

Brother,
My wife has giving birth to 4 young'ns since I've worked for UPS. The last go around was twins and they were premature. I never had a problem getting the time off for the birth of my kids. Took 3 days for the first two and a week off for the twins. But I guess it all depends on how much time you are talking about taking.

krash..that reminds me....seems the companies use FMLA one way for some members/employees and another way for others!!

(btw..don't know the ages of your children..hope everybody is healthy and well)

But you provide a perfect example...IF your wife instead of you had been the "employee"...she would have been able to go out on "loss of time" benefits for the remainder of her pregnancy to give birth to the twins. However, after her recovery period if she still needed to be out because there was a problem with the twins..THEN FMLA should kick in..because then the company would be obligated to continue H&W coverage up to 8 weeks. If she had been forced on FMLA and had already used the full 8 weeks under FMLA..the twins would not be covered unless she paid COBRA....FMLA is ultimately for a member/employee that has got to be off work for a circumstance where you need your H&W coverage continued.

A lot of the way FMLA is misused from one member to the next hinges on wheather or not the members are going along with it..and how well the Locals know how to fight for it to be allpied correctly.

Of course..check the current contract..I retired under the previous one!!

Stark,

14, 12, 6 and 6
They are all healthy. My son (12) will probably out grow me in another 2 years. The twins (after lots of praying) recovered quite well and left the hospital with Momma a week after birth. Stark, you could hold one in the palm of your hand when they were born.

I don't recall seeing any changes in the latest contract for maternity leave for the fathers. You basically have to use your option days (if you pick op 3) or persuade your supervisor to let you burn a vacation week if you want to get paid.

If you are full-time, you are allowed up to twelve weeks of unpaid leave (FMLA). You have one year from birth to use the leave.You do not have to use it immediately OR all at once. You can take it how you choose and however works best for your family. They can make you use any accrued vacation time but I believe you can retain one week. I would take the time during peak so you can enjoy at least one Christmas season with your baby during their childhood.

No matter when you take FMLA, UPS will fight you the whole way with every reason in the book that you can not take it. Good luck.

p.s.-This sounds very similar to a thread that I saw on Brown Cafe a while back.

In order to qualify for the 12 weeks of unpaid FMLA you must first use ALL of your sick days, personal (ophs) days, and all but ONE week of vacation you have coming to you. You can save that one vacation week so that you can actualy have a vacation.

One side note....if you do go out out make sure that you file a withdrawal card with the union. By doing this you won't be responsible for your dues while you are out. It has no affect on your benefits/insurance. Without the withdrawal you will end up having to pay whatever dues you didn't pay while you are out.

bc,
You gotta be kiddin? This can't be the same company I work for. They are all so nice and understanding and caring. Quick to respond to your concerns

Thanks for the responses guys, sorry i haven't responded sooner. My wife ended up having to give birth 6 weeks early. Little Sarah was born July 2nd. I told them to put me in for a week of vac. for this coming week and i will call the HR lady about FMLA. I was looking at the california disability website and it says something about paid family leave also. It is paid from the state disability fund that we all pay into in california. I might go this route instead. I will be making a lot of phone calls on monday.

CONGRATULATIONS ON THE BIRTH OF YOUR DAUGHTER!! Hope all is well with Mom and baby!!!