BMWED

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Resources and Information on the

Family and Medical Leave Act (FMLA)

for BMWED Members and Families

The Family and Medical Leave Act (FMLA) provides protections for eligible employees to take up to 12 weeks of job-protected leave from their work to care for themselves or family members, care for and bond with newborn children, or support a family member in military service. Our rights under FMLA can be used in a variety of ways, but can also be impacted by a variety of different factors, including how these rights interact with our rights as union members within our collective bargaining agreements. Navigating our FMLA rights can be difficult, but it is important to understand your rights when pursuing FMLA benefits or other leaves of absence, since the railroads will often use ignorance of the law or our legal protections in their own best interest.

This page offers our members and family a variety of tools, references, and fact sheets they can use when navigating their legal rights under FMLA, their collective bargaining agreement, and other federal laws that may interact with FMLA.

Where you need additional help or guidance in understanding your FMLA rights and how they affect your agreement rights, please contact your General Chairperson.

BMWED vs. CSX Transportation Incorporated (2007)

This federal court decision, based on a lawsuit from over a dozen rail unions and led by BMWED, established a precedent that protects union members' rights to schedule and use their earned vacation without that vacation being consumed by FMLA leave. This legal precedent honors the rights of union workers everywhere when it comes to interpreting the provisions of FMLA leave.

Your Employee Rights Under the Family and Medical Leave Act (FMLA) (Flyer/Poster)

The FMLA Leave Process (Flow Chart)

This flow chart offers a visual walk through of the process you use to request FMLA leave from your employer, within your employer's leave policies. It highlights steps both you and your employer must take, as well as time requirements and notice/notification provisions, for FMLA leave.

Department of Labor Wage and Hour Division FMLA Presentation (.pdf copy of PowerPoint presentation)

Department of Labor Wage and Hour Division Fact Sheets on FMLA

FMLA Fact Sheet #28 - The Family and Medical Leave Act

FMLA Fact Sheet #28A - Employee Protections under the Family and Medical Leave Act

FMLA Fact Sheet #28B - Using FMLA Leave When You are in the Role of a Parent to a Child

FMLA Fact Sheet #28C - Using FMLA Leave to Care for a Parent

FMLA Fact Sheet #28D - Employer Notification Requirements

FMLA Fact Sheet #28E - Employee Notice Requirements

FMLA Fact Sheet #28F - Reasons Workers May Take Leave under FMLA

FMLA Fact Sheet #28G - Medical Certification under FMLA

FMLA Fact Sheet #28H - 12-month Period under FMLA

FMLA Fact Sheet #28I - Calculation of Leave under FMLA