Love that the PM is a doctor. Keep detailed notes, with dates and times as much as possible. Then you will have them when these managers violate FMLA laws, which they already have.
Get the old-fashioned 3971 with the boxes on the back. Fill it out for whatever leave is being used and check the FMLA box on the back. There is no need to send in FMLA paperwork in advance. Then the manager is responsible for properly inputting the FMLA in the system. All the locals do is put the leave in the system. When they put FMLA as filled out on the form, HRSSC automatically sends you FMLA paperwork. Yes, you can do the shorter form. Mgmt hates that and will often mess with you by requesting more information. That is how they thumb their nose at the ruling that the NALC form is sufficient. Use whatever form you want.
You don't have to use FMLA for a surgery. And it does not matter how many employees are available to cover for the absence. That is management's problem. So there should not be an issue, even if the employee is on restricted sick leave--because they could supply a note from the doctor even without FMLA. So it will not matter if the manager fails to input the FMLA. Plus, they have already taken a verbal position on that and you want that in your notes.
Fill out the half-page 3971 (with the boxes on the back) in triplicate. Use a carbon so that the original checkmark on the FMLA box is on the original 3971. Then both copies will have a carbon checkmark on the back of them. (Be careful lining up the forms so the checkmarks are clearly shown on the carbon copies.) Don't verbally mention the FMLA request--just have the checkmark and leave it at that. Submit the three forms and request that the last copy be returned to you with the manager's signature acknowledging the submission. They don't have to approve or deny at that time. They then have the original and a copy. They are required to act on the 3971 and give you their decision in writing. Your local may state that if they do not issue their decision in 3 days that it is automatically approved. Check the LMOU.
If they deny the leave, they have violated the FMLA laws. Then go ahead and have the surgery, calling in the morning of. You have already given them proper notice. I would call the manager and tell them you already submitted the form. I would not do the automatic phone system because then you have to specify FMLA again if you wish. And the phone system won't fail to honor your FMLA request like the manager might. Personally, I would not request FMLA twice. I would refer to the first request (but I would not state FMLA again) and tell them I am getting my surgery. Then if mgmt comes after you they are again violating FMLA because they improperly denied it (if that is the case) and now they are trying to punish you for FMLA use. My desire would be to allow them to do so--that is why I would not call the automated system.
These managers would have already gone out on a limb by violating FMLA (if they denied the 3971 on which the FMLA was requested). You can saw it off now by reporting them. But I would let them hang themselves on that limb by doing what I have suggested.
HAVE AND DON'T LET GO OF A 3971 WITH FMLA BOX CHECKED AND DENIED BY A MANAGER IF THEY DO SO. BECAUSE THE ORIGINAL WILL DISAPPEAR ONCE YOU BRING UP THE ILLEGAL DENIAL OF FMLA--BECAUSE MGMT WILL SAY, "WHAT FMLA REQUEST?"
It does not matter how many employees are on vacation, etc. Local, or even District, managers are not in the position to approve or deny FMLA. Ignore anything they say, but make a note of it. Their little, tiny job (which matches their competency) is to have your FMLA request input in the computer. Put this form in now so you have proof you have given notice well in advance. All verbal stuff will be denied by management.
You may submit management violations on the OIG hotline. You can also contact a person from Congress. I assure you management LOVES getting a "congressional". (sarcasm)
Edited by user Thursday, November 14, 2019 8:22:16 AM(UTC)
| Reason: Not specified