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Employment Law/FMLA question

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Question
Hello Ms. McAllister,

I am on FMLA leave for a heart condition. I am a union employee as opposed to my supervisors who are not, with is in itself a problem at times. As a union employee it states in our contract that we must give notice of an absence 2 hours prior to our shift starting.I had an episode Monday morning 30 minutes before my shift as i was preparing to leave for work, and called in. I was terminated for this today, but I feel unjustly so as it wasn't an absence it was an FMLA day and I cant predict 2 hours in advance when i am going to have dizzy spells and a headache. Any advice?

Thank You,
Michael

Answer
I would go to your Union grevience committe and talk to them about it. This is an ADA covered condition so you are not only covered under the FMLA you are also covered under ADA. Both are administered by Department of Labor. If you cannot get a satisfactory response from your union grievence committe than take it to the Department of labor and let them handle it.

shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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