6/2/2016 PITTSBURGH — A former employee is suing the U.S. Postal Service, citing alleged violation of the Family and Medical Leave Act and wrongful termination.
Tiffany Alder filed a complaint on April 26 in the U.S. District Court for the Western District of Pennsylvania against USPS alleging that the former employer allegedly violated the Family and Medical Leave Act.
According to the complaint, the plaintiff alleges that in March, her husband’s medical condition required her to miss work, and she was then terminated. The plaintiff holds USPS responsible because the defendant allegedly retaliated against her for requesting leave under the FMLA and terminated her on grounds of failing to be in regular attendance. Read more
According to court documents: The Postal Support Employee (PSE) requested FMLA on March 10, 2016. Upon Alder’s return to work on March 11, 2016 she was issued a separation notice for irregular attendance. Alder was hired September 11, 2015, according to USPS records.
Just to let you know, trying to sue the Post Office is nearly impossible, as there are far too many management ‘heads” that pop up and do not take direct responsibility for disciplinary actions. Your only chance of suing in a postal dispute is to file a civil suit directly at the manager or managers who signed off on your disciplinary paperwork, or the ones you can prove were directly responsible for wrongful termination. If you can prove they were wrong, and have their names on paper, it is easier to fight these evil people.
Our PSE’s and MHA’s have what can only be described as flex time. They come and go as they please and many bang in to an extent that they keep their income below the threshold that would trigger a loss of welfare benefits. I agree with the other posts: she did not qualify for FMLA and there is definitely more to the story. She should have gone with an EEO complaint.
I need more information. Had this PSE been previously employed for time that adds up to one year? Or was she hired right off the street as a PSE? Depending on the answer, she still would have had to have 1250 hours in a short time frame.
I agree guys, dont know how these lawyers didnt see this coming. She didnt meet the basic requirements, how did it get this far?
Can’t imagine this employee will be missed. She sounds like other worthless employees that have worked for the USPS for 6 month?!!?
Don’t compromise, privatize!
Management can do what ever they want without fear of getting in trouble .
when will the Craft employees realize this!!!! They think that they are above the Law!!!
First, this PSE would not yet qualify for FMLA if she hired in on Sept. 11, 2015 and tried to use FMLA on March 10, 2016. This is about 26 weeks. If she was lucky enough to work 40 hrs/week this would be about 1040 hours. In order to qualify for FMLA an employee has to accrue 1250 hours in the year leading up to the FMLA absence. She would have had to average just over 48 hrs/week for 26 weeks straight to hit 1250 hours.
Second, to qualify for FMLA she would have had to work for the USPS for twelve months. She has only worked six months and doesn’t qualify for FMLA yet.
Third, she either has a crappy leave record or a crappy steward. There’s no way a removal for irregular attendance for one absence should ever stick. One absence does not rise to the level of being considered irregular in attendance.
I wouldn’t be surprised if there’s WAY more to this story than we’re being told.
USPS management might do a self-inventory on how and why,the U.S. Postal Service,rates in the BOTTOM 1-percentile,as a GOOD company to work for. And the APWU’s national union,might self-inventory,on the reality of their PSE and CCA dues paying member are continually”mandated” to work 60-hours/+ work-weeks. As for FMLA,itself,while their are many very justified FMLA cases;FMLA over the past decade or so,has become a means to”stay-away”. Yup,USPS have been driven into both decreasing physical and mental-health of their employees,as upper-management has implemented a series of brutal downsizings,consolidations and,facility-closures.
Isnt there a one year work requirement to qualify for FMLA? if so it appears a lost cause from the get go.
Oh wait, she only took 1 day off and got fired? Some sup must be trying to get under her skirt and was told NO.
Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
• Works for a covered employer;
• Has worked for the employer for at least 12 months;
• Has at least 1,250 hours of service for the employer during the 12 month period immediately
preceding the leave*; and
• Works at a location where the employer has at least 50 employees within 75 miles.
Case dismiss.
She will never be considered for future employment with USPS again.
President Trump will stop these postal mismanagement criminals with the 2017 Post Office Deregulation Act.
I hate to side with management but:
“Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.”
So if she was hired in Sept., 2015 she doesn’t yet qualify for FMLA.