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Resolutions & Amendments

39th International Convention - Boston, MA (2010)

Medical and Worker’s Compensation Leave Should Count as Time Worked for FMLA Coverage

Resolution No. 75
39th International Convention
Boston Covention & Exhibition Center
June 28 - July 2, 2010
Boston, MA


Having actually worked at least 1,250 hours within the previous calendar year is a requirement for coverage under the Family and Medical Leave Act (FMLA); and

A worker on medical or worker’s compensation leave, or using intermittent FMLA leave, may not have been able to work the minimum 1,250 hours in order to be covered by FMLA; and

A worker returning from medical or worker’s compensation leave may have lingering health issues, appointments with health care providers, etc., that keep him or her away from work to a greater extent than a worker who has not had recent serious health issues; and

Lack of FMLA coverage in this situation makes the worker vulnerable to discipline for attendance and gives employers an easy way to get rid of workers with serious health issues, circumventing the protection of the FMLA; and

Changing the Family and Medical Leave Act to include time on medical leave and worker’s compensation leave as time worked would allow workers to return from medical and worker’s compensation leaves with full FMLA coverage and prevent many workers from losing their jobs.

That AFSCME make every reasonable attempt to include this point in our ongoing movement to improve FMLA benefits and coverage for workers.
Stephen Fitze, President and Delegate
Mary Leikvold, Vice President and Delegate
AFSCME Local 1164, Council 5