Confusions, Misunderstandings Behind Most Disputes on Leaves

A woman on a maternity leave _ granted under the Family and Medical Leave Act _ loses her job. She complains to the Labor Department's Wage and Hour Division.

The employer explains that the reason for her absence wasn't known, so she was fired. She says the office knew and even gave her a baby shower before she left.

"It was a communication problem," said Karen Chaikin, regional operations officer in the Wage and Hour Division. Confusion arose over the woman's date to return to work.

With federal intervention, the woman was reinstated. Her employer? Another government office.

"I could find these examples for any business," Chaikin said.

It was another case resolved in the young life of the Family and Medical Leave Act. The act is now 1 years old, and final regulations just went into effect last week. Not surprisingly, confusion and misunderstandings lead to most complaints.

Employers have grievances, too. A company human resources executive recently called Wage and Hour offices for advice. A male employee wanted a paternity leave. The problem, according to the company, was that the man had earlier denied paternity of the child, had not provided financial support, had never seen the child, and the request for leave came as the child approached 12 months old, the limit for leaves to care for a newborn.

The man had used all his vacation days and apparently was looking for a way to get some holiday time off.

The company decided to deny family leave. Chaikin was supportive.

"One thing Secretary (of Labor Robert) Reich emphasizes is being realistic," said Chaikin, who agreed this employee didn't seem entitled to a leave.

To date, the most common complaints from workers allege employer failure to offer an equivalent job after a leave. An equal salary isn't enough to meet the federal standards. The job also must include similar responsibilities, working conditions, status and benefits.

It means day-shift workers cannot be forced to night-shift jobs, nor can a central-office person be sent to a field office after a leave. "That has happened," Chaikin said.

Employers, meanwhile, tend to complain most about added record keeping and intermittent leaves. A migraine sufferer, for instance, who submits medical certification may be entitled to sporadic days off without advance notice. Unscheduled absences are difficult to cover, employers say.

So far, 90 percent of valid complaints about the act have been resolved through conciliation talks.

One often misunderstood area clarified this week concerns workers who choose to accept a light-duty assignment (such as answering telephones instead of lifting) before exhausting a medical leave. The temporary job doesn't eliminate a worker's right to return to an equivalent job after 12 weeks.

The act allows workers with at least one year tenure in companies of 50 or more employees up to 12 weeks of unpaid, job-protected medical leaves. Reasons for leaves include care for newborns, adopted or foster children; serious personal illness; or care of a seriously ill child, parent or spouse.

The federal law sets minimum protections. Companies may choose to offer longer job-protected leaves or paid leaves, and many do.

With the final rules now in place, disputes should begin to lessen. Until then, it's best to remember that those in dire need of these protections, finally, have access to them. The Kansas City Star

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