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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16208
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I have worked years as a shifter. The past few years I have

Customer Question

I have worked for UPS for 37 years as a shifter. The past few years I have had serious health issues with chronic sinus infections. Last Fall, I was finally diagnosed with an IGG deficiency (my body does not make the antibodies required to fight off respiratory infections). Fortunately, this was a treatable condition. I was placed on IGG replacement therapy. This therapy requires me to have numerous doctor appointments along with multiple blood drawings. My frequent sinus infections have improved somewhat; however, they are aggravated by the multiple oil spills that I am exposed to everyday I go to work. Technically, the oil spills are a safety hazard. UPS requires every oil spill to be documented; but, that never happens because it is an unfavorable reflection on the managers in charge. Therefore, when I am at work and an oil spill occurs, it causes me to feel very sick with an intense headache and difficulty breathing. I applied for the FMLA with the human resource department at UPS. I did this because I am frequently late to work because of all the doctor appointments my condition requires. My doctor also advised me to leave work immediately when an oil spill occurs so as not to aggravate my illness. My initial application was denied because UPS did not like the way my physician answered a question asking when I needed time off. My physician very honestly answered the question the I would need time off intermittenly for doctor appointments and when my condition worsened because of an active infection. UPS advised me that they needed a more specific time period. My physician then re-worded the answer to say I needed 0 to 14 days a month depending on my condition. I was denied a 2nd time.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Legalease replied 3 months ago.

Hello there


It sounds like you definitely have a complaint against UPS with the DOL (the dol administers all FMLA complaints and problems with employers ). They will investigate the matter and work with your doctor and UPS to come up with a workable solution for you sensitivity to the oils spills issues and any other issues that you may have, And, you are protected from retaliatory termination for up to 18 months after the conclusion of that investigation -- which means that if you are terminated in that time period the DOL will sue on your behalf for wrongful termination. So this is the best move that you can make in this case. My suggestion here is that you should start keeping your own written journal or logbook )not on company computers that they can access) -- In that journal should should document every oil spill and the date and time of it and who was present and who stated that it should not be entered in the company logbook (to show they are hiding the number of spills which are the direct cause of your respitory distress. You should start this now and think back too the not too distant past and go back as far as you can remember when there was an oil spill that was not reported and then go forward from there and turn over copies to the DOL. If it is bad enough it might just become a OSHA issue and UPS will be in a larger heap of trouble with OSHA and they will be wishing they settled the matter with you and gave you the FMLA leave that you may need.,


Please let me know if you have further questions. If not, can you please press a positive rating above in the star rating section so that I will be paid for my time tonight? I am paid nothing unless you press a positive rating (we are paid only on positive ratings and JA keeps the payment as profit if you leave without rating or you press a negative rating). THANK YOU VERY MUCH

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