FMLA is available to care for adult children over 18 or older if the child is physically or mentally disabled. The Dept. of Labor has just issued guidance on how that works that all union reps should at least read once. Continue reading
A while ago we outlined 16 different ways a probationary employee can challenge his/her termination even though the urban legend is that probationers have no rights and there is nothing a union can do for them. Check out “16 Ways Probationers Can Appeal Terminations.” A recent Office of Special Counsel (OSC) case demonstrates the potential success of working with the union to plot an appeal path. Here is what OSC had to say in its own words. Continue reading
Just as the tax law permits employees to shelter from taxes the cost of dependent care via a Flexible Spending Account or 125 Plan, it also permits employees who pay parking fees to get to work to pay with pre-tax dollars. Because employers have the option of setting up these programs, it is up to employee unions to bargain for this benefit. One union just did with the support of the FSIP. Continue reading
Wouldn’t it be wonderful if there was a way to measure how unfair agency policies or practices are, especially if the measure was widely recognized as having evidentiary value? Of course it would because union leaders would be able to go to the bargaining table to argue with authority for changes to unfair HR systems such as those involving performance awards, promotions, appraisals, training and sick leave restrictions. Well, there is such a measurement and FEDSMILL describes how to use it below. Continue reading
When management denies a disabled employee’s preferred accommodation, it helps to know what other accommodations are commonly granted in similar situations. It turns out that is easy to do. There is a web site that lists them. Check out the JOB ACCOMMODATION NETWORK’S web site. It not only offers multiple options for dozens of disability situations, but also gives you an authoritative source to point to when management questions the reasonableness of the idea.
What if an employee’s MD certified that due to the employee’s chronic but intermittent illness he is likely to be absent for five periods of two to three days each every six months, but the employee ends up needing to stay home twice as often as the MD predicted? Can the employer refuse to approve the extra FMLA leave needed? Can it fire the employee for unapproved absences? The answer will surprise you. Check out the article entitled, “Employee Fired for Absences Exceeding his Certification Can Raise a Viable FMLA Claim,” which was posted on the FMLA Insights blog page.
By “own” we mean when must management use full adverse action procedures against you to take a promotion away? MSPB has changed its mind on when in the last year, which makes this important when management says that it made a mistake and reverses your promotion. Continue reading
Every once in a while union reps run across an employee that a manager hates to deal with. The law firm of Ogletree and Deakins just published advice on when that manager’s avoidance of the employee can be illegal. Check it out.