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Representing workers at AT&T, AVAYA, BellSouth Telecommunications, BellSouth Utilities, BellSouth Internet Group, BellSouth Advertising and Publishing, BellSouth Affiliate Services Corporation, BellSouth Long Distance, Cingular, Consolidated Press, Exopack, SBC Telecom and Verizon.
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FMLA - YOUR RESPONSIBILITYcontributed by Lee Scercy In addition to this article, don't forget to review FMLA updates
BellSouth has an obligation to inform employees of FMLA but the employee is responsible for · Requesting the forms from the FMLA administrator. · Having forms filled out, signed by the doctor, and mail or faxed back to the administrator within the legal time limits. · Keeping forms current. If you or a family member has a chronic condition or will be receiving multi treatments, you may be able to have 12 weeks approved over a year's time by showing a date range on the forms. · Notify your supervisor and the FMLA administrator when you are taking FMLA time. · Check your attendance record at least every six months. Verify your time has been coded as FMLA. Do not wait until the company is trying to put an entry into your record. · Keep all correspondence from the FMLA administrator. You should receive a letter from the administrator within 5 days of your request. If your request is denied, contact the local.
The most frequent question asked is what is covered under FMLA? As the law is very broad on this subject, the question is difficult to answer. However, if you are under a doctor's care, whether or not you make an actual office visit, try for FMLA.
If you have any questions or need assistance filling out the forms, please contact one of the following:
PERMANENT MEDICAL RESTRICTIONS
Webster's dictionary define permanent as "existing perpetually, everlasting, continuing without undue change." BellSouth's definition is "restrictions lasting longer than 3 months."
If you have medical restrictions that will last longer than 3 months, the company may consider the restrictions as permanent. Therefore, they will try to process you out under article 8 of the contract.
However, you have the right to challenge the restrictions as being permanent. With the assistance of your doctor, answer the following questions:
· How long will the restrictions last? · Can you perform at least 50% percent of your current job functions? · What accommodations, if any, will the company have to make?
Kemper or Concorde will notify your department if your restrictions are not lifted within three months. Your department will decide if they can accommodate or not. Once a decision has been reached, Human Resources will be notified. Human Resources will then notify Partnership and a meeting or conference call will be scheduled.
If you wish to challenge the restrictions, please contact Katherine Hord at 378-6117, pager 514-3942 or Tula Long at 142-1293, pager 514-3942 as soon as you are notified. Once the company has started the process, you may be off payroll in as little as 5 days.
I spoke with Beverly Hicks (CWA staff) and she assured be that PMR's should be handled on a case-by-case basis. BellSouth will not accommodate indefinitely but it is possible for longer than 3 months.
If you chose not to challenge the restrictions, than you would be entitled to the same considerations as surplus employees under Article 7
SHORT TERM DISABILITY
Kemper is responsible for authorizing your pay. Note: Automatic deposit will continue on STD, however the Credit Union will not deduct any loan payments. (Ex: car payment).
First level supervisor should notify Broadspire no later than the eighth day of absence. Kemper may be notified as early as the 4th day of absence if the manager is aware the employee will be out longer than 7 days. The department will be responsible for members' pay if Kemper is not notified by the eighth day.
After Broadspire has been notified, member should be contacted by an "Intake Clerk" for pertinent information. A case manager and number is then assigned. The case manager will than contact member's doctors.
Case managers will mail a release form to the member's home; form should be signed and returned as quickly as possible.
If Broadspire has not contacted member by the 9th day of absence, member should call Broadspire's 800 number to verify notification has been made. (1-866-830-2383)
Keep a log of medical conditions and all contact with Broadspire. Any conversation with Broadspire should be recorded if possible. Record medical condition (i.e. drugs, therapy, symptoms, doctors name and telephone number, dates of absences, dates of appointments, notations on conversations with the doctor, etc). Keep all documents from Broadspire.
Be accessible. When Case Manager calls, be sure to return the calls.
For approval of STD, the doctor must be able to prove member is unable to perform any work for a period of time. Be sure the doctor understands what those job functions are.
Case Managers are supposed to notify member within 24 hours, if medical information is received, whether or not STD has been approved. Generally, STD will not be approved for longer than 3 months.
Approved STD leave will automatically be deducted from FMLA time.
If there is a dispute over a member's return to work date, the member may:
A) request "F" time, through Broadspire, up to 30 days. and/or B) request FMLA, through the FMLA administrator, if member has any remaining time left.
Depending on the medical condition, Broadspire may try to return member to work under modified duty. The department must agree to accommodate the restrictions.
Broadspire is a telephonic service; the case manager may not request any written documentation on the initial approval.
DENIALS (STD)MEMBERS HAVE 60 DAYS TO APPEAL A DENIAL IN WRITING. Note: when writing the appeal, write as if the information was being presented to a jury.
Before filing an appeal, verify the following:
A. Broadspire has requested and received medical documentation. B. Member should verify their doctor has sent all pertinent documentation. (i.e. Test results, doctor's notes, lab work, etc). The doctor's notes should be in objective terms. C. If member has more than one doctor, may need to request information from the other doctors.
Determine why case manager denied STD.
Request FMLA time by contacting the FMLA administrator.
Contact CWA representative.
CWA representative will need the following information:
FMI
AUTHORIZATION
I authorize the appropriate claims facilitator or approved union representative, as named, to assist in developing my claim/appeal for benefits under Short Term Disability/Workman's Comp/FMLA/POS.
I further authorize the named claims facilitator or approved union representative to review and share relevant records maintained by Broadspire/FMLA/POS Administrators pertaining directly to my claim for disability benefits, medical benefits, or FMLA leave with other appropriate persons. I understand that BellSouth Corporation companies that participate in the STDP, and the STDP's representatives or agents (electively BellSouth) cannot control the individuals who may have access to my records once they are released to the named claims facilitator or approved union representative, and I agree that BellSouth should not be held liable or responsible for any such disclosure.
I understand the claims facilitator or approved union representative(s) is not authorized to interpret, administer, or enforce the STDP/Workman's Comp.
Employee's Signature: ______________________
Employee's SS #: __________________________
Phone: _____________________
Date: _________ Broadspire Case #______________
Designated/Approved Union Representative: Bonnie Overman, President, CWA Local 3603 Tula Long, CWA Local 3603 Michael Washington, CWA Claims Facilitator (STD) Danny Staples, CWA Claims Facilitator (STD) Anne Strickland, CWA Claims Facilitator (POS)
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