I work in a grain mill with a unionized workforce. Our contract provides us with an S/A(sickness/accident) benefit that pays us a weekly benefit after the first full week of being off work. In the past we were not required to use FLMA leave while drawing this benefit for up to a six month preiod. Our contract also protects our job for a one year period of absence. Now we have a new HR person who is forcing us to use FLMA leave concurrently while on S/A leave. Is this legal?
Does this also apply in Nebraska? Also, our headquarters are in St. Louis if that makes a difference.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).