EDUCATION

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Union Steward Guide (requires Adobe Acrobat Reader)

HAZARDOUS MATERIALS

Hazardous materials are a constant concern for those of us working in our workplaces. If you want the latest government information on a substance used in your factory or workplace check out the U.S. Environmental Agency, Integrated Risk Information System (IRIS). Simply put the name of the substance in the search box, click on search and you can get a detailed or summary report of the latest information on that particular substance.

Classes from the Center for Labor Education and Research (CLEAR) @ University of Kentucky

Have you recently been elected as a Steward or Committeeperson and you want to make sure you do a good job representing shop personnel? Perhaps you are interested in being a Steward or Committeeperson? Check out the Center for Labor Education And Research (CLEAR) at clearuk.org. CLEAR offers interesting and in-depth classes ranging from Grievance Handling to Industrial Relations Law. Contact your Local for possible financial assistance. (Expenditures are subject to membership approval.)

Earn a College Degree

CLEAR is partnering with the National Labor College of the George Meany Center for Labor Studies, Inc. to offer a unique program to satisfy the educational needs of rank-and-file members, trade union officers, and staff members who cannot be served by traditional educational institutions and conventional educational mechanisms. This flexible and largely external program enables students to pursue a Bachelor of Arts degree by completing courses in their major area of study at their union hall or in their local community through classes offered by CLEAR and attending the National Labor College for as little as one week. Thus, people can pursue a Bachelor of Arts degree while continuing their trade union work. DOWNLOAD THE FLYER HERE

Center for Labor Education A nd Research
235 Gatton College of Business & Economics
Lexington, KY 40506-0034
859-257-4811

Overhead Photo

MACHINIST'S WINPISINGER CENTER

Every thing at the William W. Winpisinger Education and Technology Center at Placid Harbor from the tastefully-appointed dormitories, well-lighted and airy classrooms and gracious dining area, to the full range of recreational facilities for use during off-hours is designed with you, the member, in mind. Nature's serenity, professional instructors using the latest in techniques and equipment, students eager to learn, all combine into an exemplary model of labor education.

At the Winpisinger Center, our members participate in a unique kind of learning program. Here, the emphasis is on shared experience. Discussion in the classroom and around the campus during breaks fosters a unique atmosphere for learning.

The Center has enrolled more than 44,121 students since it opened its doors in 1981. The Center now teaches over 70 programs and over 3,558 students will be trained in 2004, the highest in the school's history. The center employs eight full-time educational representatives and forty-five staff members to ensure that every member is thoroughly trained and accommodated during their visit.

The William W. Winpisinger Education and Technology Center at Placid Harbor is a facility built by workers for workers. Its purpose is to meet the complete range of educational needs of our members and to provide an atmosphere where members can learn undisturbed by the daily demands of the workplace.

To this end, the programs cover a diverse range of training to ensure that IAM members, officers and staff are prepared to serve their fellow members.

Leadership Programs include courses such as:

Leadership I, II, Advanced Leadership and Train-the-Trainer which are the foundations of our education program.

Specialized Training includes courses such as:

Arbitration, Collective Bargaining, Advanced Collective Bargaining, Comprehensive Training, Orientation and Basic Skills, Pension Program and Strategic Planning.

Departmental Seminars include courses such as:

Basic and Advanced Editors, Community Services/Retirees, Federal Employees, Financial Officers, Human Rights, IAM Cares, PC Compass, Political Education, Railroad Local Chairmen, Safety and Health, High Performance Work Organizations and Women's Program.

Every member profits when local, district and grand lodge leaders work together to improve wages, working conditions, pensions and job security for the membership. If you are a machinist with the IAMAW contact your local lodge to determine eligibility guidelines for attending a class at the Winpisinger Center.

DISCRIMINATION BASED ON DISABILITY

Individuals with disabilities who are discriminated against in the workplace have three potential sources for relief - Federal Law, State Law and Contract language. It is important to mention that there are some exclusive rights that are covered by Federal Law and not the Kentucky State Law and visa versa. For example, Kentucky State Law allows for redress in the areas of public accommodation, financial transactions and housing, while Federal Law does not. Federal Law allows for class action suits, while the Kentucky State Law does not. If you address your claims through the Federal Law, and your case is settled, you cannot then pursue it through the State Law. If you pursue your case through the State Law and your case remains unresolved you still have the option to pursue enforcement under the Federal Law. Because of these distinctions, we suggest that you first seek information from the Kentucky Human Rights Commission. They are the folks who are responsible for enforcing the Kentucky State Law. If they can't help, they will direct you to the appropriate agency. As many of you know, understanding the details of Federal and State Law, as well as contract language is a complex task. Thankfully, there are many helpful resources to assist you in your effort to protect the rights of disabled employees. For more details, contact information, and links, read on....

STATE LAWS

The Kentucky Civil Rights Act states that Kentucky will provide all of its citizens equal opportunity and that it is unlawful to discriminate in the areas of:

Employment
Public Accommodations
Housing
Financial Transactions

You cannot be discriminated against on the basis of :

Race
Color
Religion
Sex
Disability
National Origin
Age (over 40, employment only)
Familial Status (housing only)
Retaliation
Smoking

The Kentucky Commission on Human Rights (KCHR) enforces the Kentucky Civil Rights Act. The KCHR may:

Investigate the complaint and determine whether discrimination has occurred
Attempt to eliminate discriminatory acts through conference, persuasion and conciliation
Enter into conciliation agreements which are enforceable in court
Hold public hearings on complaints where discrimination has occurred if conciliation attempts fail
Issue court-enforceable cease-and-desist and affirmative action orders
Award damages for embarrassment and humiliation when appropriate
Assess civil penalties when appropriate

If you feel that your rights may have been violated under this Act, contact the agency at (502) 595-4024, the toll free (800) 292-5566 or click on KCHR. Contact KCHR as soon as possible since all complaints must be filed within one year.

FEDERAL LAWS

Depending on your particular circumstances and/or the circumstances of your employer or prospective employee, any or all of the following laws may protect your legal rights. As a general rule, individual titles under each Act provides protection according to specific groups of people, such as veterans, government employees, etc. So don't be discouraged if at first you do not see information that pertains to your situation. We are posting only some of the information on the more prominent laws- the ADA, the Rehabilitation Act and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA). Understand, this is not complete information. If you don't find help here, seek more information on the links.

American Disability Act

The purpose of the American Disability Act (ADA) of 1992 is "...to provide a clear and comprehensive national mandate for the elimination of discrimination against [qualified] individuals with disabilities." [2] According to the ADA "disability" is generally defined as

            (A) a physical or mental impairment that substantially limits one
          or more of the major life activities of the individual;
            (B) a record of such an impairment; or
            (C) being regarded as having such an impairment.

Understand that the ADA protects only qualified individuals. A "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. In determining what functions of a job are essential the ADA allows the employer to judge. If an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. [1]

Title I of the ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. Additionally, an employer is required to make reasonable accommodations to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Examples of reasonable accommodations may be making work areas accessible, modifying work schedules and job structures and acquiring appropriate training materials and equipment. "Undue hardship" is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation.

What an employer is not required to do under the ADA

An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal items such as glasses or hearing aids. Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA, when an employer disciplines or terminates on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

Rights of Job Applicants under the ADA

Employers may not ask job applicants about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.

Enforcement

If a private sector, state or local government employer employs 15 or more people, an individual with a disability who is employed by or applies for employment with that employer is protected by Title I of the Americans with Disabilities Act (ADA) and enforced primarily by the U.S. Equal Employment Opportunity Commission (EEOC). To file a complaint under ADA Title I, contact the nearest EEOC office or call (800) 669-4000. If EEOC dismisses the complaint or fails to take action within 180 days, EEOC will, upon request, issue the individual a right to sue letter. The individual must sue within 90 days of the date of notice.

If you are a government employee, regardless of the number of employees, you are covered by the ADA - Title II. Title II is enforced by the U.S. Department of Justice. To file a complaint under ADA Title II, send it to the U.S. Department of Justice, Civil Rights Division, Coordination and Review Section, P.O. Box 66118, Washington, DC, 20035-6118.

For more information

The Department of Labor's Office of Disability Employment Policy (ODEP) provides publications and other technical assistance on the requirements of these laws.

Rehabilitation Act of 1973

In addition to the protection that the ADA provides, the Rehabilitation Act may be helpful under the following conditions. The Rehabilitation Act requires federal contractors and subcontractors with government contracts in excess of $10,000 to take affirmative action to employ and advance in employment qualified individuals with disabilities. The Rehabilitation Act also covers an individual with a disability who is employed by or applies for employment with an employer who is a recipient of federal financial assistance.

Enforcement

For those employed by federal contractors or subcontractors with government contracts exceeding $10,000, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) enforces Section 503 of the Rehabilitation Act. To file a complaint, send it to OFCCP at the nearest U.S. Department of Labor district or regional office. Complaints can also be sent to OFCCP, U.S. Department of Labor, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC, 20210.

For all other employees of employers who are recipients of federal financial assistance, file a complaint with the Federal government, by contacting the Office of Civil Rights at the agency that provided the funds, or to the U.S. Department of Justice, Civil Rights Division, Coordination and Review Section, P.O. Box 66118, Washington, DC, 20035-6118. Individuals do not have to exhaust administrative procedures under Section 504 of the Rehabilitation Act. They may file suit in federal district court against a private employer receiving federal financial assistance, without filing a complaint with the administrative agency.

Vietnam Era Veterans' Readjustment Assistance Act of 1974

If a private sector employer has a contract or subcontract with the federal government for at least $25,000 annually, Vietnam era veterans, special disabled veterans, recently separated veterans and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized are covered by the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA).

Enforcement

The nondiscrimination and affirmative action provisions of VEVRAA are enforced by the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP). To file a complaint, contact the Veteran's Employment and Training Service of the Department of Labor through the local veteran's employment representative or designee at the local state employment office. A complaint also can be sent to OFCCP at the nearest U.S. Department of Labor district or regional office, or to OFCCP, U.S. Department of Labor, Frances Perkins Building, 200 Constitution Avenue, NW, Washington, DC, 20210.

CONTRACT LANGUAGE

Carefully check your contract for discrimination clauses. A discrimination clause is usually present in the opening articles as well as articles referring to disciplinary action. A grievance based on such a clause is a viable option or as an addition to a State or Federal complaint.

HELPFUL LINKS RELATED TO ADA

http://www.disabilityinfo.gov/

http://www.ada.gov/

http://www.ada.gov/pubs/ada.txt (Actual ADA Act)

http://www.eeoc.gov/index.html http://www.eeoc.gov/ada/index.html- (A site about the enactment of the ADA law)

http://www.whitehouse.gov/news/freedominitiative/freedominitiative.html

Cornell Center for Materials Research Computing Facility (CCMRCF)

Concerned about hazardous materials?

A Kentucky Guide to Employment by Michael Matuszak of University of Kentucky's Center for Labor Education and Research (CLEAR), provides information on Labor Laws. Check it out!

THE FAMILY AND MEDICAL LEAVE ACT (FMLA)

The FMLA is a federal law that was enacted on August 5, 1993. The law applies to public and private employers who retain 50 or more employees at one site or within a 75 mile radius. Moreover, an employee is eligible only if he/she has worked for the employer for at least one year, at a minimum average of 25 hours per week. Generally, the law requires an employer to grant an eligible employee up to 12 consecutive or intermittent weeks of unpaid leave per year for the following reasons:

Birth and care of a newborn

leave extends to father and mother

applies to adoptive and foster parents

Care for a seriously ill child, parent or spouse

does not apply to in-laws

When the employee is unable to work because of a serious health condition.

may apply in the form of a reduced to part-time work

may be able to decline an offer of light duty

The FMLA is an invaluable piece of legislature that is enforced by the U.S. Department of Labor DOL, Wage and Hour Division. For enforcement issues try the National Toll Free Call Center at 1-877-889-5627. Since the he FMLA is a complex law, it as been interpreted by the U.S. Department of Labor. If you would like to view their detailed regulations, check them out at http://www.dol.gov/dol/topic/benefits-leave/fmla.htm.

For more info on how to successfully coordinate the FMLA with your contract check out AFSME's great suggestions below.

Bargaining and the Family and Medical Leave Act

A supplement to the AFSCME Guide to the Family and Medical Leave Act: Questions and Answers

TABLE OF CONTENTS

INTRODUCTION
STEP ONE: ANALYZING YOUR CONTRACT
STEP TWO: BARGAINING FOR MORE GENEROUS BENEFITS

Enforce the FMLA through the collective bargaining agreement
Expand FMLA coverage
Increase the amount of leave that an employee is permitted to take under the FMLA
Establish the 12-month period during which the employee is permitted to take 12 weeks of FMLA leave which is most favorable to the bargaining unit
Negotiate for leave banks that could be used in conjunction with the FMLA
Make FMLA leave paid, rather than unpaid, leave
Liberalize the rules on substituting accrued paid leave for unpaid FMLA leave
Continue all benefits during the FMLA leave period
Require the employer to pay premiums for group health coverage
Require that employees accrue seniority during periods of FMLA leave
Expand the reasons for which FMLA leave may be taken
Expand the serious health conditions for which FMLA leave can be taken
Permit intermittent and reduced schedule leave to be taken for FMLA paternity/maternity leave
Permit a husband and wife who are employed by the same employer to take their full entitlement of 12 weeks of FMLA leave regardless of the reason for the leave
Limit the right of the employer to transfer employees on intermittent or reduced leave schedules to other jobs
Reduce the notice period for requesting FMLA leave
Relax medical certification requirements
Relax requirements for fitness-for-duty certification
Limit the effect on other employees of reinstating employees returning from FMLA leave

INTRODUCTION

The most important thing to understand about the Family and Medical Leave Act (FMLA) is that it creates a floor of family and medical leave benefits for eligible workers that can be built on through collective bargaining. It does not negate any provision in your current collective bargaining agreement and it does not limit your ability to negotiate greater benefits in the future. It is not necessary to negotiate any of the FMLA benefits for your members if they work for a covered employer and qualify as eligible employees under the FMLA. Furthermore, employees receive the benefit of the most favorable provisions in the FMLA, any applicable state law and the collective bargaining agreement. For example, if the collective bargaining agreement gives the employee 6 weeks of paid maternity/paternity leave and the FMLA gives the employee 12 weeks of unpaid leave, the employee would be entitled to 6 weeks of paid maternity/paternity leave and another 6 weeks of unpaid family leave. The benefits, however, are not cumulative, unless the employer agrees. Thus, in the foregoing example, the employee would not be entitled to a combined total of 18 weeks of leave.

STEP ONE: ANALYZING YOUR CONTRACT

To determine what rights your members currently have to family and medical leave you should:

Determine if the employer is covered by the FMLA.
Determine if the bargaining unit employees are eligible for FMLA leave.
Examine the benefits available under the FMLA and compare them to those in your collective bargaining agreement to determine what additional benefits the bargaining unit workers are entitled to under the FMLA and what benefits in the collective bargaining agreement already exceed those in the FMLA.
Go through the same process with any applicable state law since the FMLA does not invalidate more favorable provisions in any state law dealing with family and medical leave.

STEP TWO: BARGAINING FOR MORE GENEROUS BENEFITS

There are several areas where locals can bargain for improvements over what is provided in the FMLA or state laws.

Enforce the FMLA through the collective bargaining agreement.
If you incorporate the provisions of the FMLA into your collective bargaining agreement, you will be able to enforce those provisions through the grievance and arbitration provision in your collective bargaining agreement. This will provide your members with a much quicker and more efficient remedy when their FMLA rights have been violated.

Suggested Language: Any violation either of the federal Family and Medical Leave Act or of any state laws relating to family and medical leave shall be subject to the grievance and arbitration provisions of this Agreement. Any remedies provided for in those laws as well as any remedies applicable to any other violation of this Agreement shall be applicable to any violation of such laws.

Expand FMLA coverage.
If your employer is not covered by the FMLA or might not be covered in the future, you may want to negotiate an, agreement with the employer that they will abide by the FMLA regardless of whether they are covered by the terms of that statute. In addition, you may want to negotiate with the employer to eliminate or lessen FMLA eligibility requirements.

Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act (FMLA), the employer agrees to apply the provisions of that Act to all employees in the bargain inning unit regardless of whether they meet the eligibility requirements contained in the FMLA.

Increase the amount of leave that an employee is permitted to take under the FMLA.
Suggested Language: In addition to the 12 weeks of unpaid leave to which an employee is entitled in any 12-month period under the provisions of the federal Family and Medical Leave Act (FMLA), each eligible employee shall receive an additional weeks of unpaid leave in any 12-month period which shall be subject to all of the rights, obligations and conditions contained in the FMLA.

Establish the 12-month period during which the employee is permitted to take 12 weeks of FMLA leave which is most favorable to the bargaining unit.
Suggested Language: The employer agrees that under the federal Family and Medical Leave Act (FMLA) each eligible employee is entitled to take up to 12 weeks of unpaid leave in any 12-month period. The employer agrees that this 12-month period shall be [the calendar year, 12 months commencing on the employees anniversary date of hire, 12 months commencing on the date the employee first takes FMLA leave or 12 months measured backwards from the initial day of each leave period.]

(Note: Because the 12 months measured backwards from the initial day of each leave period method is the only one that clearly does not allow "stacking" of back-to-back leave entitlements, we are generally opposed to it.)

Negotiate for leave banks that could be used in conjunction with the FMLA.
Suggested Language: Each employee who wishes to participate voluntarily in a sick leave bank may do so by donating a minimum of one day and up to a maximum of five days each year into the leave bank. An employee who has exhausted his or her entitlement to paid leave under this Agreement and who is taking leave under the federal Family and Medical Leave Act (FMLA) to care for an ill family member or because of the employee's own illness may apply to the bank to withdraw up to 20 days per year of paid leave which may be substituted for any unpaid FMLA leave to which the employee is entitled. The union shall establish a committee which shall administer the leave bank and determine which employees shall be allowed to draw from the bank and how much leave they will be allowed to withdraw.

Make FMLA leave paid, rather than unpaid, leave.
Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act (FMLA), any leave taken under the FMLA shall be with pay. ALTERNATIVE ... employees on FMLA leave shall be paid at the rate of one-half their normal rate of pay during any period of FMLA leave.

Liberalize the rules on substituting accrued paid leave for unpaid FMLA leave.
You may want to negotiate to limit or deny the employer the right to require employees to substitute accrued paid leave for unpaid FMLA leave; to expand the types of accrued paid leave that can be substituted for certain types of unpaid FMLA leave or to permit unrestricted substitution of paid leave for unpaid FMLA leave; and to permit employees to borrow from their future entitlement to paid leave and to substitute that paid leave for FMLA leave.

Suggested Language: Notwithstanding the provisions of the Federal and Medical Leave Act (FMLA), the employer shall not require an employee to substitute any paid leave earned under this Agreement for unpaid leave taken under the FMLA without the consent of the employee.

Notwithstanding the provisions of the FMLA. an employee taking leave to which he or she is entitled under the FMLA may substitute, at the employee's discretion, any paid leave earned under this Agreement for any unpaid FMLA leave taken by the employee.

In addition, an employee taking leave to which he or she is entitled under the FMLA may use unearned paid leave up to an amount that the employee would earn in the following 12 months and may substitute that paid leave for any unpaid FMLA taken by the employee.

Continue all benefits during the FMLA leave period.
Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act (FMLA), the employer shall continue all fringe benefits provided for in this Agreement, without cost to the employee, during any period when an employee is taking FMLA leave to which the employee is entitled. ALTERNATIVE ... the employer shall offer all employees the opportunity during the period of FMLA to continue any fringe benefit provided for in the Agreement at the employee's expense (except health benefits which the employer shall continue to provide without cost to the employee).

Require the employer to pay premiums for group health coverage.
Suggested Language: During any period of leave taken under the federal Family and Medical Leave Act (FMLA), the employer shall pay the full cost of the employee's health benefits. ALTERNATIVE... the employer shall defer payment of the employee's share of the cost of his or her health benefits until the employee's return to pay status, at which time the employer shall deduct from the employee's paycheck one twelfth of the total amount owned in each of the successive 12 pay periods.

Require that employees accrue seniority during periods of FMLA leave.
Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act (FMLA), an employee who takes FMLA leave to which he or she is entitled shall accrue seniority for all purposes during the period of FMLA leave.

Expand the reasons for which FMLA leave may be taken.
Suggested Language: In addition to the reasons set forth in the federal Family and Medical Leave Act (FMLA) for which an employee may take FMLA leave, an employee may take FMLA leave to care for a grandparent, grandchild or parent-in-law who suffers from a serious health condition as defined in the FMLA. An employee may also take FMLA leave to care for any other person with whom the employee has shared a residence for at least one year and who suffers from a serious health condition as defined in the FMLA.

Expand the serious health conditions for which FMLA leave can be taken.
Suggested Language: In addition to the reasons set forth in the federal Family and Medical Leave Act (FMLA) for which an employee may take FMLA leave, an employee may also take FMLA leave because of the employee's medical emergency or to care for a spouse, child, parent, parent-in-law, grandparent, grandchild or person with whom the employee has shared a residence for at least one year who has suffered a medical emergency which requires immediate medical intervention even though the medical emergency may not necessarily require inpatient care or that the employee or family member be away from his or her daily activities for more than three calendar days.

Permit intermittent and reduced schedule leave to be taken for FMLA paternity/maternity leave.
Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act (FMLA), an employee may voluntarily take FMLA leave to care for a newborn child or because of the placement of a child for adoption or foster care on an intermittent or reduced schedule basis.

Permit a husband and wife who are employed by the same employer to take their full entitlement of 12 weeks of FMLA leave regardless of the reason for that leave.
Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act (FMLA), employees who are married to each other will each be entitled to the 12-week maximum amount of leave under the Act regardless of the reason for that leave.

Limit the right of the employer to transfer employees on intermittent or reduced leave schedules to other jobs.
Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act (FMLA), the employer shall not transfer an employee taking FMLA leave for planned medical treatment on an intermittent or reduced schedule basis to another position during the period of that FMLA leave without the consent of the union.

Reduce the notice period for requesting FMLA leave.
Suggested Language: Notwithstanding the provisions of die federal Family and Medical Leave Act (FMLA), an employee who intends to take unpaid leave under the FMLA should give the employer notice of his or her intention to take FMLA leave 15 calendar days before the leave is to commence. Where the need for FMLA leave is not foreseeable 15 days before the leave is to commence, the employee should give the employer notice of the employee's intent to take unpaid FMLA leave as soon as practicable after the employee learns of the need for leave. Nothing in this provision shall apply to a request for paid leave under this Agreement regardless of whether the paid leave might also qualify as FMLA leave

Relax medical certification requirements
Suggested Language: For the purpose of determining an employee's right to take leave under the federal Family and Medical Leave Act (FMLA) the certification by a health care provider provided by the employee shall be conclusive of the health condition of the employee or of the family member who the employee has taken FMLA leave to care for. Notwithstanding the provisions of the FMLA. the employer shall not be permitted to challenge that opinion.

Relax requirements for fitness-for-duty certification.

Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act (FMLA), the employer cannot require an employee returning from FMLA leave to present medical certification of the employee's fitness to perform his or her job duties.

Limit the effect on other employees of reinstating employees returning from FMLA leave.

Although the FMLA regulations have very favorable language on what is an "equivalent position, " the reinstatement of an employee to an equivalent position which is different than the employee's previous position may impact on the job positions, hours of work, etc., of other bargaining unit employees. Therefore, you may want to negotiate over the impact which reinstatement will have on other bargaining unit employees.

Suggested Language: Notwithstanding the provisions of the federal Family and Medical Leave Act FMLA the reinstatement of an employee returning from FMLA leave shall not displace any other bargaining unit employee or limit another employee's hours of work except as agreed to by the union. Nothing in this provision shall diminish in any way the obligation of the employer under — the FMLA to reinstate an employee returning from FMLA leave to the same position that the employee held prior to taking FMLA leave or to an equivalent position.

Contract District 27 Educator of more information

IAM Educator

The IAM Educator Update for Stewards is published six times a year by Union Communications Services, Inc. (UCS), Annapolis, Maryland, in partnership with the IAM's William W. Winpisinger Education and Technology Center, 24494 Placid Harbor Way, Hollywood, MD 20636.

For information on obtaining additional copies call 301-373-3300.

Contents copyright © 2005 by Union Communication Services, Inc. Reproduction outside IAM in whole or part ,electronically, by photocopy, or any other means with out written consent of UCS is prohibited.

David Prosten
Editor and Publisher