Treva Knasel, ODNR Steward, responds to a member's contract question.

 TOPIC 
CONTRACT RIGHTS:
Family Medical Leave Act

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 QUESTION: 
ODNR Chapter 2515 Steward Treva Knasel had a member ask:

"I asked my supervisor if I could take an extended leave of absence due to my child's illness, but she hasn't gotten back to me and it has been several weeks.

“I'm afraid she won't approve my leave. When I asked about it, she said she was waiting for a medical certification. Can she do that?”

 ANSWER: 
This is how the union steward responded:

“Whenever an employee indicates he or she will be taking leave due to their or a qualifying family members’ medical condition, management should let the employee know that they could be eligible for leave under the Family and Medical Leave Act.

“According to the FMLA, management is required to respond to a request for FMLA leave in writing within two business days of the request (this is also known as a 301 notice) or orally and then confirmed in writing no later than the subsequent paycheck.

“Management cannot use a pending medical certification to delay approving FMLA leave. According to the contract the state must follow the law regarding FMLA.

“If it fails to do so, it violates OCSEA’s collective bargaining agreement and any violation can be grieved.”

See Related

Q & A Archive

Factsheet on FMLA (PDF)

Contract Administration References and Forms

Contract between OCSEA and the State of Ohio