Legal Question in Medical Leave in Massachusetts

Coverage for an F.M.L.A. recipient.

I work shift work for a company that runs 24hrs/7 days which means in my position there are 3 people to cover a 24 hr. period(3-8hr shifts).In my position we have an individual who is covered by F.M.L.A. which means when he calls in (which he does on a regular basis)that leaves 2 people to cover that 24 hrs.(2-12 hr shifts)I realize the company has an obligation to this gentleman and he is within his rights supposedly with his situation,but my question is with not being able to leave work at my normal time when he calls in(having to stay 4 additional hours to cover half his shift)Within our industry 12 hr shifts are quite frequent with vacation,personal days,and the occasional sick day so it's not like I am not familiar with working 12 hours but my gripe is the fact that we have addressed the company at a lower level with our concerns about always getting stuck when this individual calls in and they just seem to give us the brush off.We are non-union so there really is no grievence system.I would think we would have some rights on this subject being that this law was put into effect so people would not have to choose between work and families but it's this law that is making me and 2 of my co-workers choose between work and family.


Asked on 11/23/97, 9:05 pm

1 Answer from Attorneys

Luther Sutter Harrill & Sutter

Not a FMLA issue

Unfortunately, this is not a FMLA issue. It appears to be a staffing issue with your company. If your company does not staff your position properly, then perhaps you should address the issue with them Sorry .....

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Answered on 11/24/97, 11:43 pm


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