Can my company take away my extra sick leave if they start a new policy?

The situation

I live in Ohio and have worked for the same manufacturing company for about six years. Since I started, my union contract has always guaranteed that I can take up to twelve weeks of paid leave for serious family medical emergencies, which is much better than what most other places offer. However, last Monday, my manager sat us down and announced that because of budget cuts, the company is implementing a new standard benefits program starting on January 1st. This new company-wide plan only allows for six weeks of leave for family issues, regardless of what our specific union agreement says. I already spoke to my supervisor and my HR representative to see if my old benefits would stay the same, but they told me that the new company policy overrides everything else to keep things consistent across all departments. I am really worried because my mother is scheduled for a major surgery in February, and I was counting on those twelve weeks to help her recover. I need to know if my employer is allowed to use this new general company program to reduce the specific leave time I was already promised through my existing employment benefits and union contract.

Detailed Analysis

Based on the facts provided, your employer's attempt to replace your twelve weeks of family medical leave with a six-week standard program appears to conflict with federal protections.

Under the Family and Medical Leave Act (FMLA), specifically regarding how new policies interact with existing agreements, the law states: "Nothing in this Act... shall be construed to diminish the obligation of an employer to comply with any collective bargaining agreement... that provides greater family or medical leave rights to employees than the rights established under this Act"^[1]. This means that if your union contract (a collective bargaining agreement) provides you with more generous leave than the standard law or a new company policy, the employer is obligated to honor that more protective agreement^[1].

In your case, you have a guaranteed twelve weeks of leave through your union contract. The new company-wide plan only offers six weeks. Because your existing union agreement provides more protection than the new standard program, the law suggests the employer cannot use the new policy to "diminish" your existing rights^[1].

It is important to note that while the FMLA protects these rights, the specific way your union contract is written and how it interacts with the company's ability to renegotiate terms could affect the outcome. Additionally, the law ensures that "the rights established for employees under this Act... shall not be diminished by any collective bargaining agreement or any employment benefit program or plan"^[1]. This reinforces that a new benefit program cannot be used to take away the baseline protections or the superior protections already established for you.

Statutory Citations

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