DOES FMLA COVER TRAVEL TIME?

Those of us actually engaged in the practice of employee rights accepted long ago that an employee’s time traveling to and from a location where s/he provides covered FMLA assistance is covered as FMLA leave.  President Trump’s staff, however, thought we all needed to hear something from our dear leader’s own people to allow this. Maybe all that dust and flying asbestos from ripping down the east wing confused them enough to think we were just as confused as those White House intellects. In any event, they just issued an opinion letter on the issue. Jeff Nowak, who may be America’s leading thinker about FMLA just posted a piece on his blog addressing the issue.  Even though he writes for employers, we find his advice for union reps as well. So, we suggest you click over to his latest “FMLA Insight” post for some helpful information.

If you know of some employees who have been denied FMLA leave for their travels, now is as good a time as any to contact them and file a grievance.  Given that an agency could be liable for tens of thousands of dollars in attorney fees if it forces the union to arbitrate for even an hour of retroactive FMLA leave, these dispute should settle easily.