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FMLA question

Discussion in 'Medical Leave & Disability' started by mdiblasi, Nov 13, 2015.

  1. mdiblasi

    mdiblasi Law Topic Starter New Member

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    I have a question about FMLA.
    I applied for and was granted FMLA in July. I used FMLA for the first time in October. I work for an airline and so procedure is a little different and I was told by crew scheduling to follow up with the Leave of Absence department, which I did. However, there is a company policy that I was not aware of (yes, it procedure policy had been sent to me back when I was accepted) that states that I had to follow up with 24 hours of calling off. So the company would not code my absence as FMLA and I received a "final termination warning" due to my dependability issues (which is why I applied for FMLA in the first place). So, if I am tardy, non compliant in uniform, forget to check in for my trip....anything that I would get dependability "points" for will cause me to lose my job. BTW, the newer and more strict company mandated "points" system went into effect 10/1/15 which was not contractual and is being grieved by ort Union. (it was even covered on the Denver news)

    My question is:
    How can a company policy supersede a federally mandated program which was set in place to protect employees from the exact thing that could possibly happen to me?

    Here is a copy of the email sent to me -

    Our records do not indicate that you contacted the Leave of Absence department within 24 hours of your requested FMLA days for the trip that began on October 2nd. This information is in our department auto response which would have been received at the time your initial paperwork request was sent in as well as in your designation form attached:

    Important information for all employees: Your schedule is your primary responsibility. If you are requesting a new leave of absence, or coding for an existing leave of absence- you must ensure that you notify The Leave of Absence and your department or if you are a crewmember, crew scheduling by phone of your absence per the employee handbook.

    These dates will be coded as absences and will be subject to the attendance policy that is in place with your department.

    If you have any questions please contact the LOA Department at 720-374-4245 to leave a message or email LOA@flyfrontier.com and we will be happy to help.

    I look forward to your advice.

    Thank you,

    Mary DiBlasi
    Flight Attendant
  2. cbg

    cbg Super Moderator

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    What is the medical condition for which you were granted FMLA?
  3. ElleMD

    ElleMD Well-Known Member

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    FMLA is job protected leave. It does not govern other workplace rules. If you are tardy, forget to check in, or have issues with your uniform, FMLA does not excuse, nor protect against it. Even on FMLA you are required to follow your company's call in/out procedure. If your company requires notification within 24 hours, you can be held to that standard as well.

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