Brothers and Sisters,<br /> <br />Our office has received a number of complaints about changes and perceived changes in Amtrak’s FMLA policy.&nbsp; Consequently, I engaged in a phone conference with Ms. Denyse Nelson-Burney, Assistant Vice President for Compliance, several weeks ago to discuss these issues and complaints.<br /> <br />Here’s a summary of that phone conference which I hope will clarify Amtrak’s FMLA policy:<br /> <br />1.&nbsp; &nbsp; &nbsp; Employees in remote locations where there are fewer than 50 employees at the location or within 75 miles will no longer be eligible for FMLA leave. Requests for FMLA-type leave will be<br />&nbsp; &nbsp; &nbsp; &nbsp;  addressed on a case by case basis at these locations. (legal under the Law)<br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; a.&nbsp; &nbsp; &nbsp;  The following crew bases will be affected:&nbsp; Florence, Huntington, La Junta, Lincoln, Meridian, Reno, Salt lake City, San Luis Obispo and Shelby<br /><br />2.&nbsp; &nbsp; &nbsp; The Carrier has NOT changed any FMLA eligibility or medical requirements except for the prohibition on remote locations.<br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; a.&nbsp; &nbsp; &nbsp; Most of the recent denials have been because of mistakes or missing medical information sent into the carrier by the employees doctors.<br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;  i.&nbsp; &nbsp;  It is imperative that employees make sure their doctors understand the importance of filling out the FMLA forms correctly.&nbsp; It probably would be prudent for<br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; employees to pick the form from your provider, make sure it is complete and deliver/send to Amtrak Medical themselves.<br /><br />3.&nbsp; &nbsp; &nbsp; The Carrier is changing all FMLA certifications/recertification’s to 6 months from the full 12 months previously allowed. (legal under Law)<br />&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;  a.&nbsp; &nbsp; &nbsp; Although your entitled to up to 12 weeks of unpaid leave for a year, the Carrier has the right to ask for recertification after 6 months.<br /><br />4.&nbsp; &nbsp; &nbsp; The Carrier will not require employees to substitute paid leave or vacation for T &amp; E employees.&nbsp; The Carrier is in the process of sending out correction notices to employees who<br />&nbsp; &nbsp; &nbsp; &nbsp;  erroneously received this requirement.<br /><br />5.&nbsp; &nbsp; &nbsp; The Carrier only counts/deducts the amount of hours worked towards the 12 week total.&nbsp; For example, an employee who has an 11 hour job with a 5 hour idle/layover time will only count<br />&nbsp; &nbsp; &nbsp; &nbsp;  as 6 hours used.&nbsp; I hope most people realize by now that layover/idle time (Lab. Cat 75) does NOT count towards your 1250 hours needed for eligibility.<br /><br /> <br />Our office does not believe the restrictions on remote location eligibility is right or just, therefore we are in the process of trying to get management to reverse this decision since it affects our membership the most.&nbsp; So far, I believe the Carrier is keeping an open mind to this end, but time will tell.<br /> <br />I hope this summary helps and I would appreciate if you could forward or post this email for all of our members benefit.&nbsp; <br /> <br />If you have any questions, problems or concerns about FMLA, please do not hesitate to call our office.<br /> <br />Thanks,<br />Charlie<br /> <br /> <br /> <br />Charlie M. Yura<br />Vice General Chairman, GO-769<br />SMART - Transportation Division<br />1515 Market Street, Suite 708<br />Philadelphia, PA 19102<br />Phone: 215-564-1750<br />