BNA - Guild News

Oct. 24, 2000

The Guild: Protecting Your Job Security and Leave

The Guild-BNA "Emergency Leave" Agreement Addresses
"Unscheduled Leave Dispute"

First, some employment realities about leave:

  • Use sick leave when you are sick, your children are sick, or you have medical/dental appointments. Give three days advance notice for medical/dental appointments unless it's necessitated by an emergency.

  • Annual leave is to be scheduled at least one day in advance, except in emergencies. The Guild believes that you have the right to use sick leave and emergency annual leave for its intended purpose: unplanned illnesses and/or life emergencies.

The Agreement

The agreement -- Appendix L in the new contract -- acknowledges that BNA does have the right to control and discipline an employee whose emergency leave becomes excessive, but that discipline must be for just and sufficient cause.

The agreement maintains the Guild's right to grieve and arbitrate any unreasonable BNA policy relating to emergency leave, as well as the discipline of any employee, which is not for just and sufficient cause.

BNA agrees that sickness is unplanned and sick leave due to sickness is often unscheduled. BNA agrees that no policy or practice designed to reduce the incidence of emergency leave will result in the discipline of employees solely for the use of unscheduled sick leave, unless that sick leave is used in a pattern demonstrating abuse. This means that if you must use your sick leave for unscheduled sickness of self or children, or use your annual leave for emergencies related to illness of self or children, BNA cannot discipline you for using "unscheduled" leave (unless they can show you gave false reasons for taking the emergency leave, in which case they'd probably discipline you for something far worse than unscheduled leave).

So What Does This Mean?

BNA was keeping a tally of every Rockville employee who did not call in to request sick leave 24 hours in advance. And, after the employee hit a certain number of such hours, BNA Rockville would counsel the employee or write him or her up. Now BNA agrees that you won't be penalized if you use your sick leave for the reasons allowed under contract (and listed above), unless there is a pattern of abuse (for example, mysteriously you call in sick every Friday and Monday, or you're always calling in sick on the day before a holiday).

Is This Good?

If BNA adheres to the agreement, it is a positive for Rockville. You won't be penalized for the natural necessities of life and family when you need to call in to use sick leave for legitimate purposes. You won't risk discipline if your son is sick tomorrow even though you were sick last week. You won't have it counted against you if you're in an accident on the beltway and cannot call in 24 hours in advance. You will be able to use your sick leave without fear.

But...

It's not crystal clear today that BNA Rockville is paying attention to this new agreement, even though BNA fought tooth and nail for it at the bargaining table. If your department managers are still talking about "unscheduled" leave, in your evaluations, in memos, or in verbal conversation, please take a moment to call at Guild officer or the Local (numbers listed at the end of this bulletin).

Don't I Have the Right to Be Sick Under the Family and Medical Leave Act (FMLA)?

What a great question! The 1993 Family and Medical Leave Act does protect you when you need to take paid or unpaid leave due to your own serious health problem, or the mental or physical disabilities of a spouse, child under 18, or parent with serious health condition. To be covered at BNA, you must have worked at least 12 months on the date your FMLA leave commences, or 1250 hours in the 12 months prior to your leave.

You may take up to 12 workweeks (continuous or intermittent) of unpaid FMLA leave in each 12-month period for the following reasons:

  • For a serious health condition that makes you unable to perform your job (medical leave)

  • To care for a seriously ill child, spouse, or parent (family leave)

  • For childbirth, or to care for a newborn up to age one (childbirth leave and newborn leave care leave)

  • For the placement of a child with you for adoption or foster care (adoption leave and newborn care leave).

And remember ...

  • FMLA leave does not have to be paid. However, if you have accrued vacation, personal, or sick leave, it may count toward your 12- week entitlement to FMLA. And if it does, it's protected leave.

  • Your FMLA leave may be taken all at once for the above reasons, or at different times for different reasons.

  • Serous health conditions include on-and off-the-job injuries and illnesses which incapacitate you or a family member for more than three consecutive calendar days, chronic health conditions, and pregnancy.

  • Your FMLA leave cannot be used against you. It's protected leave. BNA cannot use FMLA absences as a basis for imposing discipline, giving you a poor evaluation, or denying you advancement. You cannot be warned, suspended, fired, or denied overtime or advancement because of FMLA absences. FMLA absences cannot be used as a basis for penalty under the employer's attendance policies.

  • The FMLA is enforced by the Wage and Hour Division of the U.S. Department of Labor.If you believe you have a complaint, you can file in person, though the Guild, by letter or by phone within two years of the violation (three years if the violation is willful).

So, if you have absences that may fall under the FMLA protections and entitlements, please contact a unit officer or the local for support and assistance.

Reza Namdar, Chair 202-452-4105

John Small, Vice-Chair 202-331-5122

Gwen Holmes, Vice-Chair 202-833-7499

Tony Baxter, Secretary 202-452-07530

Washington-Baltimore Newspaper Guild, 202-785-3650, ext. 12