Just before Christmas, I was notified by my brothers group home that he was being discharged and would no longer receive services. I notified my employer, Dillard's, Inc., that I would need time off under FMLA to help him transistion into my home. Dillard's allows employees to accrue up to 80 hours of sick leave. Their policies are so loosely written that it gives them the ability to interpret them however they see fit.
They told me that I could not use my sick leave, that I had to use my vacation leave, for paid time during my FMLA. They told me that the policy means that I only can use sick leave if I am sick, not for any family member.
The policy doesn't say that. It only says that "regular employees" (not temporary or seasonal) are eligible for sick leave. That indicates the ability to accrue the leave, not how it is used. I wrote a letter to the personnel department, and they still denied my sick leave request.
I took the FMLA leave of approximately 114 hours. I was paid 67 hours of vacation time. Because they refused to pay sick leave out, I lost about $500 in paid leave that I needed while I was caring for my brother. I also lost the ability to have 67 hours of vacation for this year for other things that may be more... Recreational... Than caring for my disabled brother.
Dillard's, Inc. Has a form that employees can complete and file to have an action reviewed. I filled out the form and sent it, along with a long letter of explaination and a copy of the previous letter filed with the personnel department to Burt Squires, a Vice President of the company. The letter was sent certified mail, return receipt requested, and was accepted on February 27th of this year.
The letter requested that the 1st 80 hours of my leave be applied to my available sick leave, and the balance to my vacation. This would have paid out the entire 114 hours and I would still have 33 hours of vacation available to me. Although I completed a company provided review form, and mailed it to an appropriate individual for review, I have not had any correspondance from the company for 6 weeks from the receipt of the form.
The managers told me that they never pay sick leave to care for a family member. However, I have spoken to a co-worker who told me they paid them when they were out with their mother for surgery. This is an unfair application of policy. They also told me that payment of sick leave for any use other than employee illness is a violation of Federal Law, which I know to be untrue.
The company owes me about $500, and they refuse to discuss it with me. They refuse to put anything on paper, because they know it can be used against them, if necessary.
Dillard's, Inc., is a major company. It is a "family-owned" business... But they are certainly not very family friendly when it comes to the needs of their employees. As I told Mr. Squires, Dillard's chooses to "scrape the very essence of financial ability off of its employees backs for their profits". This is only one example of the poor treatment of employees by this company. However, it is this issue only that I am currently seeking to expose them for.
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