April 2009-
 
 
Federal law has made changes that went into effect on January 16, 2009. I have been traveling the state to steward meetings to help educate your local stewards and Chief Stewards on these changes and how to better assist you. There are new provisions for military members and exigency leave. Ask your steward if they have been  instructed on these changes so you get current advise. If you are a steward, ask your Chief Steward when I will be at your Sub Unit for training. Many rules are changed, don’t get caught up in old procedures.
 
FMLA is ever changing when it comes to Vz. Forms will not be automatically mailed to you. Forms are available on the Union web or you will need to ask your boss. Most importantly-YOU need to fax your forms back (not your doctor), YOU need to get a fax confirmation page showing it was returned on time. YOU need to make sure everything is returned on time. Lastly, read the guidelines below that I posted in October 2008, these have not changed. Outlined are the most common issues involving FMLA denials. Review your forms to make sure that your absence qualifies as a serious health condition, under the law. Not all absences , even though they may be serious, qualify under the law. 
 
Definition of a serious health condition under the Federal FMLA:
 

 

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:

• Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; or  
• Continuing treatment by a health care provider, which includes:

(1) A period of incapacity lasting more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:

• treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity); or • one treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or

(2) Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or

 

(3) Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; or

 

(4) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; or (5) Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.
 

 

    
New Jersey Family Leave- New Jersey has come out with a new provision to partially replace wages when you are out for the care of a family member. This leave is unpaid by Verizon. The State of NJ will pay you up to $528 per week, when you have leave to care for a family member. There are some restrictions that may apply, such as a one week waiting period. This pay will not be available until July. You will be required to make a claim to the State of NJ, Vz does not administer this.  

Employees covered under the New Jersey State Plan can obtain information pertaining to the program and an application for Family Leave Insurance benefits (Form FL-1), after June 1, 2009, by visiting the Department of Labor and Workforce Development’s web site at www.nj.gov/labor,  by telephoning the Division of Temporary Disability Insurance’s Customer Service Section at (609) 292-7060, or by writing to the Division of Temporary Disability Insurance, PO Box 387, Trenton, NJ 08625-387. _________________________________________________________________________      

 

FMLA-YOU HAVE 25 DAYS FROM YOUR FIRST DAY OF ABSENCE TO RETURN THE CERTIFICATION FORMS, IF DENIED YOU HAVE 14 DAYS TO REQUEST AN ADMINISTRATIVE REVIEW WITH SUPPORTING DOCUMENTATION….39 DAYS TOTAL-START TO FINISH!!!!!

The first day of absence you need to call your department and tell them if you are out for FMLA for yourself or for a family member. You need to tell the department if you are already approved for a condition and this absence is related to that certification or if this is new. FMLA forms can be downloaded on this website.

• Forms must be returned within 25 days of the first day of absence. If you are unsure if these forms are complete, contact your Unit Office or call and see if I am available to review them.
• DO NOT leave the forms at your doctor’s office with the expectation that they will send them back for you. It is your responsibility to make sure these forms are complete and returned on time.
• Fax these forms back from a fax machine that gives a confirmation page that it was sent successfully. This is your only proof.
• If your doctor is unable to complete these forms within the original 25 days you have only 14 days to request an Administrative Review. If you are denied FMLA for non-receipt of your forms within the first 25 days you will need a note on the doctor’s letterhead stating that his office was either unable to complete the forms within the requested time frame due to workload or he/she was unavailable (ie: vacation, out of the country).
• If you did fax your certification forms back within 25 days, you will need to request the Administrative Review and provide the fax confirmation form.
• You MUST write Administrative Review on the cover sheet and return the supporting documentation doctor’s note or fax confirmation page along with a complete set of certification forms.
• If you have followed all of these guidelines contact me for an escalation of your case.
• Once you exhaust the escalation process within Verizon, you may have additional rights of appeal with the Department of Labor , Wage and Hour
• These are general basic rules, feel free to call and discuss your case, please remember that although there may be specifics to each case, these guidelines still must me followed.
• The law allows the company to run your FMLA concurrent with an approved disability and also for absences that are workers compensation related, as long as those absences do not involve company directed medical appts (see Workers Comp for more tips)