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Labor & Employment Law

: New York Public Personnel Law

Union release time counts towards FMLA minimum hour requirements

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Union release time counts towards FMLA minimum hour requirements
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Maples v. Illinois Bell, ___F.Supp. 2d ___, 2009 U.S. Dist. Lexis 3156 (N.D. Ill. Jan. 14, 2009), is an extremely important FMLA and labor relations case. Many unions bargain for release time for their stewards an officers. Query, does that time count towards the 1250 min. hour coverage requirement under the FMLA? Yes, holds this court notwithstanding the fact that the union, yes the union and not the employer, pays for this release time. This decision is complicated, but well written. Basically, the court looked to the FLSA for guidance and largely relied on 29 CFR 785.42 which is a DOL regulation which provides that time spent adjusting grievances is considered hours worked.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on February 10, 2009 (boomark / email).