Donating sick time to union employee ...
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Tragically, we have a 31 yr old employee with 2 children under the age of 2 that was very recently diagnosed with a terminal brain tumor. She is a member of one of our unions and her fellow employees would like to "donate" some of their sick days to her in order to help her reach our 30 day disability start period. Our sick employee is short on her own sick days because she just used them in her time off for the births of her children. Question: If we allow employees to donate their sick time to her, is that committing an unfair labor practice? If it is, could a letter of understanding with her union prevent this charge? Since the disability is at 65%, would some of the donated time be used to offset the 65% cause any additional problems? I'm looking to prevent any potential problems down the road in this or any other situation. Thanks for any input or guidance.
Comments
That notwithstanding, since this is a union setting I would not touch it with a 40 foot pole. Unions are notoriously unforgiving and will never, ever let this go. Emotions cannot EVER enter into decisions when a union is involved. If you were non-union, perhaps. Take the individual and the emotions completely out of the equation and the thought process. Union members and perhaps the Union as a whole, some or most of them well intended, would like to see you allow this. However, down the road, you won't hear the end of it. Anytime there is a policy, practice or contract deviation, no matter how great or small, union officials and the membership at large will forever expect and demand that you equate their situation to the deviation and will fault you formally for not doing so. Formally is spelled G R I E V A N C E. And if you allow it, you can damned sure expect this practice to be a bargaining chip on the table come negotiation time. The international of your local has a much deeper benevolence pocket than your company does. Perhaps they have such a program. I would not hesitate to make this comment to a few of them, "Perhaps, if we weren't union".
Heed Don's words. Would your upper management support doing this for any union employee in the future in perpetuity???
Don't touch this with a 10-foot tall. Your sentimentality and emotions are very evident.
You're trying to be a "savior" but it will come back to bite you.
At least c.y.a. and get the pres's approval.
I, too, have to deal with commissioners so I can feel for you. Just be prepared for the union bringing this up at your next negotiating session.
We have a donated leave policy available to all employees who have been with us for 12 months and have medical documentation that their illness is "catastrophic" and requires long term care. Catastrophic is defined by us as requiring the use of all accumulated leave and requiring the services of a licensed physician for an extended period of time. We accept donations for the employee up to a maximum of 90 days. We also run FMLA concurrently. The part of the donations not utilized is returned on a pro rate basis to the donors.
Hope this helps. You might want to consider adopting this for all employees and take the wind out of the union's sails before they enter negotiations.
Don speaks words of wisdom.
It's been an administrative nightmare for us. For example, we had one lady go out for a whole year, come back for six months, and go out for another year.
Meanwhile the manager had to keep the job open for her, temporaries cost an arm and a leg, we had to continue her on the group insurance, and she accrued more leave while she was on donated leave because that's an active employment status.
It's not an "add on" to your job duties without requiring much more time than you would imagine and is very subject to abuse. If you do it, set a maxiumum number of days of usage, require confirmation from your company doctor as to the necessity, and try to control its administration. Good luck.
Couple of key points
Recipient must have exhausted all of their time (sick and vacation)
Has to be out d/t illness or injury with the expectation of returning to work
Hours must be donated in 4 hour increments (sick or vacation)
Recipient will not accrue any additional leave time while on leave and being paid from donations.