Amy McCain (DHHS, Kearney) has been a state employee for over 20 years, and she has dedicated her decades of service to helping her fellow Nebraskans navigate economic assistance programs. She takes great pride in her work serving her neighbors, and she does not like to miss work.
Amy has a qualifying condition under the Family & Medical Leave Act (FMLA) and sometimes needs to access the job protected leave that she is entitled to under our contract and federal law. When Amy has to miss work using FMLA early in a week, she usually tries to flex her schedule later in the week in order to “make up” those hours.
“I really don’t want to miss work and I hate to fall behind on assignments,” Amy said. “So I always ask my supervisor if I can flex my schedule and work extra hours on other days.” Our contract allows employees to flex their work schedule, and those requests cannot be unreasonably denied. Amy frequently flexes her schedule when she cannot work due to her FMLA condition.
Amy, and other members in similar situations, have received emails from DHHS Human Resources after flexing their schedules stating that although they worked forty hours in the week, they would still be required to count the initial “hours missed” as FMLA leave, even though no leave was actually used.
“These emails from DHHS Human Resources regarding FMLA use and flex schedules are completely inaccurate,” said NAPE/AFSCME Executive Director Justin Hubly. “Our contract establishes a flexible schedule option, and treating those with an FMLA qualifying condition differently than those without a condition is illegal under federal law and a violation of our contract. I’m proud of Amy for filing a grievance and standing up for all of our members.”
Over the course of 11 months, DHHS had reduced Amy’s FMLA job protected leave by over 100 hours. Due to this DHHS action, Amy did not have enough FMLA leave remaining before her FMLA year reset, even though she should have. “Once they told me they were counting my flex time as FMLA leave, I started keeping my own leave calendar at the advice of my union rep,” Amy said. “That’s what helped me prove my case.”
When DHHS tried to discipline Amy for being absent without available leave, our union filed a grievance and she prevailed. If you are a member utilizing FMLA leave, it’s always a good idea to keep a separate calendar to track your FMLA leave use. Don’t hesitate to contact your union representative for advice. You can also watch a recording of our FMLA training for union members here.
“I’m so proud to be a NAPE member,” Amy said. “I’ve been a union member for over 20 years because my dad was a union member with the postal service when I was growing up. My dad’s union involvement was such a huge part of my childhood. I couldn’t imagine not having a strong union at DHHS!”If you’re not a NAPE/AFSCME member, click here to join your union today.