Flu

The influenza season is upon us and it is a known fact that some members will be infected by the virus and that will make them unable to show up for work. Now the question is will those who did not show up have enough sick time banked to cover those days that they were absent?

Office of Personnel Management has issued final regulations that will take effect January 3, 2011 which will allow employees to take 13 days of sick leave to care for family members who were infected or exposed to the flu or other serious communicable diseases. However there is a catch because the Centers for Disease Control and Prevention (CDC) will decide which outbreak qualifies for sick leave. It has to be noted that last year the CDC found the H1N1 influenza outbreak did not qualify for a sick leave. In their view an employee can go safely to work if a member of his household has contracted the flu.

In addition employees will be allowed to be advanced up to 30 days of sick leave to care for family members injured on military duty.The beauty of this regulation is in the ‘Employee’s Return to Work - Agencies cannot require a medical release form from the employee's physician - however there is a catch.  If the employee's position requires a medical examination and the employee refuses the exam, he or she may be disciplined, up to and including removal’. Based on that we would recommend that all titles should not require medical examination and that should be haggled in the contract of 2012 so that the membership can be eligible to this bonanza.

We here in why did you join the union appreciated efforts of that ‘one individual’ who asked the Office of Personnel Management to provide up to 40 hours of additional paid sick leave to employees with serious infectious illnesses. We were happy that he was noted in the federal regulation however we were disappointed that he did not get his wish. Imagine if that request was granted what a beneficial impact it would have. This request was considered outside the scope of OPM's regulatory authority. A statutory change would be required to create such a new entitlement. However, under current authorities, employees without sick leave may invoke their FMLA entitlement (a serious infectious illness would likely qualify as a serious health condition) and may be granted annual leave, advanced sick leave, advanced annual leave, or leave without pay. If they have exhausted their available paid leave, they could request donated leave under the voluntary leave transfer and/or leave bank programs.

‘Ask, and ye shall receive’ in the contract of 2012. We the membership of Local 100 have the control of our destiny nothing is impossible and we will dictate the terms of the contract. We here in why did you join the union, have a favorite quote from Eleanor Roosevelt ‘no one can make you inferior without your consent’. We will look square into Walder’s eyes and tell him the membership of Local 100 are better than him.