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A VERY IMPORTANT message from Vicki Kintzer about changers
to FMLA effective 11-23-09.
Hello,
Affective 11/23/09 ARC will be making some "process changes" which seem
to address some of the Union's prior concerns regarding the implementation of FMLA practices that Vz/ARC was using in the
past.
There are four changes. I will explain each of them. First
I will list the company's notice language (in blue) and then I will explain the impact to the membership.
Any questions, please call/email me at 866-248-4449.
Here are the four changes and my explanation(s).
Absences
Related to Unidentified Certifications
When an employee reports an absence as being related to an
intermittent certification already on file but cannot provide the certification number or the first day of absence, the supervisor
will advise the FMLA Team to contact the employee to ensure that the absence is associated with the correct applicable intermittent
certification.
Impact: Example: here is what will happen. This will apply if anyone has "multiple
open certifications on file". If I call out sick today and my dept supervisor says is this to go under a case number,
if either I don't know the case number or the old absence date I want this referenced to, then the supervisor will flag the
absence to ARC. ARC will then call the member up, ask what condition they are out of work for to try to associate the
current absence to a case number or prior absence date. The supervisor can no longer just enter it new because the
member didn't give a specific case number or prior absence date reference.
If there is only one case
number on file, then the supervisor will associate that to the absence even if the member doesn't reference the case number
specifically, but says it's related etc.
FMLA Applications
Employees will be able to apply for FMLA leave prior to their first day of absence.
Impact: Big one. Now, finally our people can send in a certification form before the absence takes
place. They can send it in up to one full year before the actual date of absence. They will receive a new letter
(attached as "Provisional approval" below. Here's what will happen. I have a surgery coming up on Dec 21. I
can send in my certification form today to ARC to cover that absence time. ARC will review the medical reason for the
absence to determine if it meets the FMLA law definition of a serious health condition. If it does, then ARC will send
the person a "provisional medical approval" letter. When the absence date comes along on Dec 21, the member MUST still
notify the supervisor of the absence. ARC will then 1) make sure the person is eligible to use the FMLA meaning they
have some of the 12 weeks of time to still use and that they have worked 1,250 hours in the year prior to that Dec 21 date.
If the person meets those "eligibility" requirements on Dec, 21, then ARC will send an official FMLA approval letter/notice
to the department and the FMLA time will be deducted from the person's 12 week allotment appropriately. If, for some
reason, there is an error or missing information on the certification form, then ARC will send the attached "provisional denial
letter" to the member so they can fix the certification prior to the absence date occurring.
Employee Authorization
to allow Verizon to Contact Healthcare Provider
If there is any question about information on a medical
certification form the employee will be given the opportunity to provide clarification of the information by returning the
form to the healthcare provider themselves. If the employee does not return the form with the necessary clarification
then the FMLA leave can be denied. Verizon will not contact the healthcare provider to attempt to get clarification
directly unless the employee chooses to voluntarily authorize Verizon to do so.
Impact: The medical release/signature
will finally be removed from the form. They finally realized it was a violation to "require" medical release on the
form. What they have the right to do, if they need to clarify/validate the information on the form is to give the person
the option of providing "medical release" so Vz can call the doctor OR the member can just get the doctor to fix what is wrong/needs
to be clarified within the time frames set. If they don't get it fixed or allow Vz to call the provider, then their
FMLA time will be denied.
Administrative Review
Any information pertaining to an FMLA denial which is submitted after an FMLA certification is denied will be considered
for Administrative Review regardless if the form indicates that it is an Administrative Review request or not.
Impact:
This will eliminate the need for the "magic words" I am requesting an admin review to be written anywhere for submitting an
appeal. What will happen is this. I get a denial for not submitting any certification form. I have 14 days
to rectify that denial. My doctor just refaxes the form for me to ARC. I realize that the doctor was suppose
to include a letter stating that they had faxed it over on X date or that they were out of the office etc therefore, they
couldn't submit the form. I still have some of my 14 days left on the clock to appeal. So I have my doctor fax
that letter to ARC.
At the end of the 14 days, ARC will look at everything that came into the center.
If everything that has come in equates to approving the absence, then I will get approved. If, the 14 days goes
past and not everything was supplied, then the denial will stand.
Vickie
FMLA Certification Form Rev 11-09 click here to download file
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Welcome to CWA at AT&T Mobility!
The Communications Workers of America welcomes you to our website in support of negotiations with AT&T
Mobility. Here you can get information on the Union, the Company and the wireless industry, as well as updates on our bargaining
with Mobility. You will also find information on what you can do to support your Bargaining Team and see what others
are doing around the country.
Welcome to CWA at AT&T Mobility!
Links:
Tentative Agreement Reached at Verizon-East!
New Contract Bullet Points
Verizon Settlement Agreement
Up to date bargaining information
Why we wear RED
Important Verizon Phone Numbers
Unity@Verizon showing Delaware's Mobilization Flyers.
Want to check for updates when away from the
internet? Call the HOTLINE at
302-999-1818.
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The Employee Free Choice Act
The rights of workers to organize and bargain collectively is a longstanding American value. It
has so helped build a strong middle class and a strong nation, that it is a now principle enshrined in international agreements.
It is a core standard that the United States uses to measure adherence to democratic norms throughout the world.
Yet across America, workers are being stripped of this basic freedom.
Each year, more than 20,000 workers are illegally fired or discriminated against for exercising attempting
to organize. Many employers make an art of it - hiring union busting "consultants" to help defeat organizing drives. And even
if employees overcome all the odds, in one-third of all union election victories, workers still do not have a collective bargaining
agreement two years after the election.
 .
42 million workers who are not in a union have say they would like to be represented by one. 42 million workers
- more than three times the number of workers presently represented by unions in the United States. 42 million workers who
are unable to exercise their rights.
It is in the name of those workers that CWA is fighting for the Employee Free Choice Act.
EFCA provides for the certification of a union as the bargaining representative if the National Labor Relations Board (NLRB)
finds that a majority of employees in an appropriate bargaining unit have signed written forms designating the union as its
collective bargaining agent
EFCA also speeds along the process of bargaining between employer and employees for their first contract by
obligating both parties to reach an agreement, through escalating procedures of mediation and arbitration, if necessary.
EFCA requires stronger penalties against employers for engaging in unfair labor practices while employees
are attempting to organize or obtain a first contract. The bill mandates that the NLRB must seek a federal court injunction
against an employer whenever there is reasonable cause to believe that the employer has discharged employees or discriminated
against them or engaged in conduct that interferes significantly with employee rights during an organizing campaign or bargaining
for a first contract.
The Act also mandates an award of three times the amount of back pay for illegal discrimination that occurs
during efforts to organize or when workers are seeking a first contract. The legislation provides for penalties up to $20,000
per violation against employers found to have willfully or repeatedly violated workers' rights during an organizing campaign
or pursuit of a first contract.
At the very minimum, American workers should be free to decide whether they want union representation without
experiencing intimidation, indoctrination or misinformation.
Enactment of EFCA would help ensure that workers can exercise the basic human right to organize freely and
bargain collectively.
Million Member Mobilization: Sign The Petition
Your right to proper
Union Representation
It is your choice of who (Union Representative)
to have for your union representation when going into any discussion with management that you feel representation is necessary. Management for the company does not get to pick and choose the person (Union Representative)
they want to represent you in any type of discussion or meeting.
If there is no Union Representative available
to represent you, the meeting or discussion will be held until a Union Representative or Union Officer is available to represent
you.
Never go alone.
We say this time and time again, but the company can not take retaliation against you for exercising your rights under
the collective bargaining agreement (contract). We must be informed of any tactics
of intimidation that you feel may have been expressed to you to not seek union representation in any meeting or discussion.
This would also apply to any investigatory meeting
that the Company or Security has called you into. We encourage all members to
see Union Representation when you go into any investigatory meeting with the Company or Security. It is also your right when going into any meeting with the Company or Security to stop the meeting and
seek proper Union Representation. This can not be denied. It is never too late once you go into a meeting alone to stop the meeting and get proper Union Representation. If you have been intimidated or threatened into not seeking proper Union Representation
when in an investigatory meeting, the Union must be notified IMMEDIATELY.
Please see a union representative if you have
any questions.
Your FMLA Point of Contact
Hello,
my name is Vickie Kintzer and in case you're not familiar with who I am, I'm the CWA rep responsible for handling issues for
FMLA, MetLife Disability and Restrictions. My phone number is 866-248-4449
and fax number 610-921-4358. I'm the one to call when you have any FMLA or disability/restriction questions that
you're searching for an answer to.
When
in doubt, always call and ask so we can take care of any issue up front. I have a hard time correcting errors
after the FMLA admin review period has expired. If you don't know how to apply for FMLA, who you need to notify or what the doctor has to provide for your absence, call me and I'll help you through the certification
form for the doctor. If you get denied, make sure you call me for you only get ONE chance at correcting the error
during your 14 day appeal period of time. If I'm not available when you call, leave me a message and I will always return
the call ASAP.
On
MetLife issues, you need to make sure that you are contacting them by the 8th calendar day to cover any short term disability
period of time. Also remember that you need to submit your FMLA certification
form to ARC even on disability cases for one dept doesn't correspond with the other, go figure. Any issues with MetLife,
call me to get resolved.
Respectfully,
Vickie
Kintzer
866-248-4449
Click here for all current and past FMLA information and FMLA Certification Forms
Requirements for eligibility for using FMLA
(by Vicki Kintzer 1-19-06)
There's
a lot of confusion on the 1250 hours requirement vs 12 weeks of FMLA every calendar year.
There are three requirements
for eligibility for using FMLA.
-
On
a company's payroll for 1 year
-
Having
some of the 12 weeks of FMLA allotment to use (Vz using the calendar year as counting the 12 weeks so everyone got 12 weeks
Jan 1, 2006)
-
At
the time of any absence, the company will count BACKWARD in the previous year to determine if the 1250 hours worked was met.
This
is the area where our settlement comes in regarding "chronic conditions" where an open certification on file negates that
need. If there's no chronic certification on file, ARC will count back. Those cases where employees
were only certified for say a short term disability case without the doctor including "future intermittent absences or treatment
on that same certification form" will need to appeal with a form filled out by the doctor and a letter from the doctor associating
the "approved short term condition" as the same condition as this current absence being deemed "ineligible".
The employee takes that medical information from the doctor to do the "admin review" written request by the employee so initiate
approval of that absence and establish an open certification.
Folks
are getting confused about exhausting the 12 weeks but having the hours worked. They are getting disciplined
for exhausting their 12 weeks of FMLA time and they want to know why since they have over 1250 hours worked and qualified
before.
You can't use FMLA time no matter how many hours worked you have if there's nothing left of the 12 weeks in that
calendar year.
This message is from Vicki Kintzer. If you have FMLA questions, please call her at 1-866-248-4449
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ACFC Caring for your family & work
The ACFC is a joint CWA and Verizon committee bargained-for
especially to meet the family and daily-life needs of the CWA membership in the mid-Atlantic region. The Council includes
members from many sectors of union and management all dedicated to helping you and your family thrive.
Click here to visit the ACFC site
Medco Perscription Services
Do you use Medco for your perscriptions? If so and you need a form for a new perscription, click the link below
to download their order forms.
Download Medco Perscription Forms
Stress Meetings
The Executive Board and the Management team meet quaterly to conduct a stress meeting to discuss
the stress and related issues in the office. If there are any issues you would like to have addressed, please be specific
and click the link below. You comments will be sent via this web page to the Union office. All comments are sent
to us annonymously to protect your idenity. Please take the time and share your concerns with us.
Have you
recently moved, changed your mailing address or your phone number?
Please let us know when you have any change of
your information. Such changes we need to be informed of would be:
· Name change
· Address change
· Phone number change
· e-mail address change
Personal Information Change Form
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Diamond State Telephone Commercial
Union
1819 Old Newport Road, Floor 2
Wilmington, Delaware 19808
(302) 999-1100
Web site built and maintained by Michael Biddle
cwalocal13100@verizon.net
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