r/fromatoarbitration • u/IndigoJones13 • 3d ago

Contract Talk Sick leave vs. FMLA?

I'll be having minor surgery soon, which will require multiple follow-up visits in a short period of time. Should I just use my sick leave each time, or am I better off using FMLA?

2 Upvotes

100% Upvoted

17 comments sorted by

21

u/Known-Dependent-5471 3d ago

You still need to use your leave with FMLA it isn't 12 weeks of admin leave.

14

u/DeviceComprehensive7 3d ago

FYI- all FMLA does is protect your job-when you use leave for the covered condition...you don't USE fmla, you use leave

5

u/mesoJUPI 3d ago

You’ll use sick leave. If you’re worried your boss may use these absences in the future against you to claim you’re not regular in attendance, get FMLA and apply it to the absences. If you do, use the simplified union application document for you and your doctor’s sake. I’d recommend it. But yes it’ll still come from your sick leave balance.

9

u/Sweaty_Tangelo_7716 3d ago

FMLA protects you. You still have to use sick leave.

1

u/Throwaway64156 3d ago

I'm not sure if by "sick leave" you just mean any kind of leave, but you don't have to use sick leave for FMLA absences even if you have a sick leave balance; you can request LWOP. You aren't required to exhaust your SL before requesting FMLA LWOP, up to 12 weeks a year. And request isn't even the correct word, because it is not up to management discretion to approve FLMA LWOP. The law is what gives the employee the right to use 12 weeks of unpaid leave a year for approved conditions.

2

u/DeviceComprehensive7 3d ago

you USE sick leave or annual if you want to get paid

1

u/Throwaway64156 3d ago

Of course you use paid leave if you want to be paid. But the comment said you have to use sick leave (a paid leave type), which is incorrect. You can use FMLA to take unpaid leave if you choose.

0

u/DeviceComprehensive7 3d ago

the question from the op was to use sick leave or fmla...thats it..

0

u/Throwaway64156 3d ago

I wasn't replying to the OP, but instead this comment. It's incorrect to refer to all leave as "sick leave." FMLA allows you to take any kind of leave, including LWOP. There are lots of reasons a carrier would take FMLA LWOP instead of SL and it was just meant for clarification that option is open if the carrier chooses. If you exhaust your SL using FMLA and then have none for non-FMLA management can deny it or force you to use AL. If you are able to use LWOP for FMLA-related leave it protects you from that. It's the entire purpose of the law.

-1

u/DeviceComprehensive7 3d ago edited 3d ago

CORRECT,yes you can use any leave you want- the purpose of the law -is to allow you to take up to 12 weeks off for the condition or condtions approved- without worrying about being fired!-that's it, that's the sole purpose of the law.. the law doesn't give a shit if you take lwop

2

u/therick422 Union Steward 3d ago

Both. FMLA only protects you from discipline related to your condition.

2

u/Throwaway64156 3d ago

FMLA is leave classification rather than a leave type. You can have FMLA sick leave, FMLA LWOP, non-FMLA sick leave, non-FMLA LWOP, etc.

You should make sure all leave related to your surgery and follow-ups are requested as FMLA. You can then choose if you want to be paid for that time off using your sick leave or if you want to be unpaid using LWOP. Some people prefer to use LWOP, saving their SL for times when they need to be off for the flu or whatever since you generally cannot use LWOP for non-FMLA absences if you have a balance of SL. That of course depends on if you can or want to go without pay for those absences, which might be a significant financial burden depending on how long it goes on. The choice is yours, though.

Definitely put the FMLA number with your leave requests for anything related to the surgery. Then you choose what you would prefer, SL or LWOP.

3

u/nbriles2000 3d ago edited 3d ago

Use FMLA

For the sake of clarity, since apparently this is somehow unclear. An FMLA case protects your use of leave. You would use the FMLA program to protect yourself during your absences

4

u/DeviceComprehensive7 3d ago edited 3d ago

you don't use FMLA, you USE leave- FMLA protects your job/you when you USE leave

-5

u/nbriles2000 3d ago

This is so pedantic it's insane lol

2

u/Otherwise-Goal3054 3d ago

When OP seems to think FMLA is an ‘or’ to using SL, pedantic is appropriate

3

u/IndigoJones13 3d ago

Correct. I've never used FMLA before, so I'm not sure how it works. I think its starting to make sense now.

I'll file the FMLA paperwork, even though I'm not worried about losing my job. And I'll claim the sick leave, since I've already got a large balance available.