FMLA Retaliation

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tsteinruck

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I am an airline pilot working under a collective bargaining agreement. I have applied for FMLA and it was awarded as requested with no problems. I have requested 2 weeks leave, with two work weeks on my monthly schedule. The problem is with how my monthly schedule was built by the company computer program. I would normally work a set schedule, which in the business we call a "line". This month I did not hold a line, and the computer program awarded me an "on call" or "reserve" schedule. After reviewing the awards of other employees I discovered that my seniority would have held a line. I filed a dispute with the company and union and I received the reply "because of my FMLA request a flight line could not be built". The truth is a flight line could absolutely be built, it just could not be built to their liking. It is my impression that I should hold and work the same schedule as I would have if I had not filed for FMLA. Because of the FMLA, I have been penalized. The difference in pay and schedule between a line and reserve schedule is significant, not to mention the quality of life. Upon referencing CFR 825.220 "Protection for employees who request leave or otherwise assert FMLA rights, I discovered that an employer cannot retaliate, discriminate or discourage an employee from using FMLA. The reduction of my status to reserve has cost me $3000 in lost wages and countless hours away from my family. There is no question that the company (computer program) has punished me for taking FMLA, and I am certainly discouraged from ever using it again. My questions are, am I interpreting the CFR correctly? Is the company responsible for the computer software's violation of my rights? Are the company's actions constidered reasonable regardless of the damages I received? Is recourse a possibility and which avenue should I pursue, general grievance with arbitration, DOL complaint, in house resolution, etc..

Thank you.
 
tsteinruck said:
I am an airline pilot working under a collective bargaining agreement. I have applied for FMLA and it was awarded as requested with no problems. I have requested 2 weeks leave, with two work weeks on my monthly schedule. The problem is with how my monthly schedule was built by the company computer program. I would normally work a set schedule, which in the business we call a "line". This month I did not hold a line, and the computer program awarded me an "on call" or "reserve" schedule. After reviewing the awards of other employees I discovered that my seniority would have held a line. I filed a dispute with the company and union and I received the reply "because of my FMLA request a flight line could not be built". The truth is a flight line could absolutely be built, it just could not be built to their liking. It is my impression that I should hold and work the same schedule as I would have if I had not filed for FMLA. Because of the FMLA, I have been penalized. The difference in pay and schedule between a line and reserve schedule is significant, not to mention the quality of life. Upon referencing CFR 825.220 "Protection for employees who request leave or otherwise assert FMLA rights, I discovered that an employer cannot retaliate, discriminate or discourage an employee from using FMLA. The reduction of my status to reserve has cost me $3000 in lost wages and countless hours away from my family. There is no question that the company (computer program) has punished me for taking FMLA, and I am certainly discouraged from ever using it again. My questions are, am I interpreting the CFR correctly? Is the company responsible for the computer software's violation of my rights? Are the company's actions constidered reasonable regardless of the damages I received? Is recourse a possibility and which avenue should I pursue, general grievance with arbitration, DOL complaint, in house resolution, etc..

Thank you.
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I see nothing retaliatory in what you claim your company did.
If you do, you might speak with a local attorney for another point of view.
If you have a union, speak with your shop steward.
Otherwise, you are free to pursue a complaint with the DOL or any of the other parties you indicated.

FMLA is another federal government "feel good" scam.
Employers aren't required to pay those who take FMLA leave.
Some employers pay their employees, some don't.
FMLA only requires you to be given time off (not with pay) and tentatively guarantees you a job upon your return.
(I use the word tentatively, because people sometimes take FMLA and come back to discover they no longer have a job. As with most government "shams/scams", little can be done to force the employer to give you a position if they say the magic words.)












 
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Patricia Young said:
Again, FMLA is NOT a scam. It has saved thousands over employees from being fired since it was implemented.
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Most would have not lost their jobs anyway. I guess we disagree on this.
I suppose in fairness, the Feds have convinced people that FMLA provides them with more than it does. The government does little to clear the air. Many people think that FMLA gives them 12 weeks of paid time off, to use as they see fit. You and I know that it dies nothing of the sort. We are all entitled to see things from different perspectives.



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Again, I am very much aware that FMLA does not pay for the time the leave is used. My complaint is that my pay was reduced for the days that I worked and my status was reduced. To put it simple I normally would get 4 weeks pay in a month. I requested FMLA for 2 of them. My agument is 4-2=2. The company is telling me 4-2=1. So far the union won't help because they help manage the computer system. Talk about a conflict of interest. Thank you.
 
An exempt employee (what is your FLSA status?) can have their pay docked or may choose to use vacation or sick time for the FMLA time (depending on your employer policy, but you should be allowed to use sick or vacation time. The issue I think that you have is it sounds as though your pay grade or FLSA (exempt status?) may have been changed due to the use of FMLA? Find a compentant plantiff only attorney in your area and ask for a free consultation to clarify your questions.
 
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