FMLA
Members of Smart Local 622, The company is starting back up looking into FMLA pattern abuse and sending out letters to members they think are showing pattern abuse. I wanted to let each of you know what is going on with this. The company isn’t charging anyone for their FMLA but for abuse of OB-32 dated November 20, 2023. Some of the highlights of that bulletin are as follows.
Employees must provide reasonable notice to their supervision and leave administrator to minimize disruption to the business.
When it is possible and practical, at least 30 days’ notice must be given when an employee has advance knowledge of the need for FMLA leave.
When the need for leave is unknown in advance, employees must provide notice as soon as possible and practical and must comply with the usual and customary notice practice and policy.
Failure to do so may result in the delay or denial of the requested leave and potential disciplinary.
Make sure that if you have a need to use your FMLA to send your supervisor a text message telling them you are about to mark off FMLA. Make sure that you are keeping documentation when you take off and when you have to see your healthcare provider get a doctors excuse
OB-32
All NS Employees:
As you are aware, employees who have been approved to take FMLA leave may only use that leave for the reason(s) specifically identified by the physician/healthcare provider who certified the leave. When using leave for a serious personal health condition, the expectation is that the employee will spend the leave time as specified by their medical provider. Likewise, an employee using leave to care for a family member is expected to use the leave providing such care, rather than engaging in recreation or other personal pursuits.
Employees must provide reasonable notice to their supervision and leave administrator to minimize disruptions to the business. When it is possible and practical, at least 30 days’ notice must be given when an employee has advance knowledge of the need for FMLA leave. To help with planning, Crew Management is now able to use FMLA future mark-off coding for medical appointments for employees and/or their family member for which the leave is needed. When the need for leave is unknown in advance, employees must provide notice as soon as possible and practical and must comply with the usual and customary notice practice and policy. Failure to do so may result in the delay or denial of therequested leave and potential discipline.
Norfolk Southern recognizes that employees have a legitimate need for FMLA leave from time to time and will support and assist employees in those situations. Unfortunately, however, a few employees try to misuse this benefit by marking off for reasons that are not covered by the FMLA or not providing reasonable notice. Misuse of FMLA includes using leave to avoid certain work assignments, to extend other periods of time off (e.g., rest days, vacation, or the like), to avoid working on holidays or weekends, or to avoid working overtime. Misuse of FMLA negatively impacts the business, contributing to train delays and similar problems. Our customers suffer as a result. Moreover, employees who misuse FMLA are hurting their coworkers. Misuse of FMLA forces other employees to work additional hours and/or on days that they were not otherwise scheduled to work. This has a negative impact on morale. And perhaps most importantly, abuse of FMLA benefits is a form of personal fraud that is wholly inconsistent with our policies, procedures, expectations with respect to employee conduct and integrity, and the NS Code of Ethics.
For these reasons, Norfolk Southern has never tolerated and will not tolerate misuse of FMLA. Norfolk Southern is and will remain committed to full compliance with all aspects of employee FMLA rights. However, it diligently monitors FMLA usage to identify and address – through discipline, if need be, including termination – those who abuse this benefit or fail to comply with the required notice practice and policy. If you become aware of instances of potential misuse by your coworkers, you are encouraged to report it to your supervisor or to the Ethics & Compliance Hotline (800) 732-9279. Reports to the hotline may be made anonymously.