The Family and Medical Leave Act (FMLA) is a federal law that guarantees eligible employees up to 12 weeks of unpaid leave per year for certain family and medical reasons. Employers are required to maintain the employee’s health benefits during the time they are on FMLA leave, and they must also restore the employee to their original job or an equivalent position upon their return.
However, for unionized employees, FMLA is often addressed differently than for non-unionized employees through Collective Bargaining Agreements (CBAs). CBAs are contracts between labor unions and employers that govern various aspects of employment, including wages, benefits, hours of work, job security, and working conditions.
CBAs may include provisions that require employees to exhaust their available sick leave and vacation time before being eligible for FMLA leave. In addition, some CBAs specify the amount of time employees may take off for family and medical reasons, which may be more or less than the 12 weeks provided under FMLA.
In the case of CBAs, union representatives negotiate with management to ensure that the contract language aligns with the union’s position on FMLA. These negotiations may include provisions for job security during the duration of the leave, or that employees on leave will continue to receive raises and promotions as if they were working.
It is important for both employers and employees to understand the impact of CBAs on FMLA leave. Employers must ensure that their policies and practices align with the provisions of the union contract when providing FMLA leave. On the other hand, employees covered by CBAs must understand their rights and benefits under both the CBA and FMLA.
In summary, FMLA and CBAs intersect in many ways, and it is vital for employers and employees to understand how these laws overlap. Employers and employees should consult with an experienced labor attorney to ensure they are in compliance with all applicable laws and agreements.
