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NOTICE! You cannot file a grievance on denied benefits until both of the appeals have been denied. |
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DO NOT
TELL YOUR MANAGERS ANYTHING ABOUT YOUR
HEALTH!
To ALL outside technicians: DO NOT tell
your manager ANYTHING about your medical
condition whatsoever. DO NOT give them a
Dr.'s note, excuse, letter of
restrictions, etc.! Please note you MUST
be 100% disabled from ANY AND ALL work
or AT&T benefts will DENY your short
term disability. Their Dr.'s will try to
talk to your Dr. to make them say you
can do SOME work. If they do this you
WILL NOT BE PAID and will NOT be
approved STD. Elise Maloof CVP-Benefits
Coordinator.
emaloof@cwa3204.org.
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Retired Bargained-Open enrollment will be from Oct. 18-29, enrollment materials will be online also. They will receive the Pre-Annual Enrollment materials at their home address on file as well as the Enrollment worksheet or a confirmation Statement depending on whether or not their current 2010 option is available in 2011. They will not mail out the Health Plan comparison Charts unless the member calls Benefits and requests it.
If a active/retired member makes an active election either online or via a rep, then the Confirmation Statement will be mailed within 1 business day. If no active election, then they will receive a Confirmation Statement at the close of the enrollment period.
The reason given for no packets being mail out is that Benefits has been asked to support the corporate sustainability initiative and moved to a paperless enrollment environment for actives.
There are still a lot of questions that need to be answered by AT&T about open enrollment, but since this would be the last monthly union meeting before open enrollment you would need what information I had at this time.
Here is some more information on the 2011 open enrollment.
If active members who would like a hard copy of the open enrollment package can call benefits at 1-877-722-0020 and request it. No additional time will be allotted for a mailed package.
Retirees will be mailed a hardcopy out automatically for their open enrollment.
If a member does not wish to change anything, they do not have to enroll, BUT I WOULD RECOMMEND THAT THEY DO LOOK AT THE OPEN ENROLLMENT INFORMATION SINCE THERE ARE A LOT OF CHANGES THIS YEAR. IF A MEMBER IS ON AN HMO THEN THEY WOULD NEED TO CHECK TO BESURE THAT HMO IS STILL AVAILABLE FOR 2011.
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FMLA 8/11/10
***PLEASE NOTE FEDERAL REGULATIONS REGARDING WORKING SPOUSES IF YOU BOTH WORK AT THE COMPANY: I gave some information at the last union meeting and after clarifications from the department of labor have determined that there is more to this article interpretation law than I mentioned. I apologize for any misinformation that was relayed. Believe it or not, I am not perfect!!
Yes the first paragraph of article 825.202 states: A husband and wife who are eligible for FMLA leave and are employed by the same covered employer are permitted to take only a combined total of 12 weeks of leave during any 12-month period if the leave is taken:
(1) for birth of a son or daughter or to care for a child adter birth;
(2) for placement of a son or daughter for adoption or foster care, or to care for the child after placement; or
(3) to care for a parent (but not parent-in-law) with a serious health condition.
(b) This limitation on the total weeks of leave applies as long as the husband and wife are employed by the "same employer." It would apply, for example, even though the spouses are employed at two different worksites of an employer located more than 75 miles from each other, or by two different operating divisions of the same company. On the other hand, if one spouse is ineligible for FMLA leave, the other spouse would be entitled to a full 12 weeks of FMLA leave.
*****(c) Where the husband and wife both use a portion of the total 12-week FMLA leave entitlement for one of the purposes in paragraph (a) of this section, the husband and wife would each be entitled to the difference between the amount he or she has taken individually and 12 weeks for FMLA leave for A PURPOSE OTHER THAN THOSE CONTAINED IN PARAGRAPH (a) OF THIS SECTION. FOR EXAMPLE, IF EACH SPOUSE TOOK 6 WEEKS OF LEAVE FOR THE BIRTH OF A CHILD, EACH COULD LATER USE AN ADDITIONAL 6 WEEKS DUE TO A PERSONAL ILLNESS OR TO CARE OF A SICK CHILD.*****
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ETHICS 8/11/10
If you have an Ethics issue. my suggestion is to NOT call the company ethics hotline. They give erroneous information (such as you should file a grievance first) and is solely run by the COMPANY.
There is an EEOC-Harassment hotline that I found during a training course in the LSO at work. They have a 3rd party that listens and addresses your complaints/concerns. Please try them first at 888 871-2622.
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| There have been recent changes to Legacy B Benefit Plans. Click here for a document detailing those changes.
I have a new dentist on the Union Dental network for the CWA Union members. Dr. Eaglin has two offices, one in Jonesboro and one in Fayetteville. If you have any members that live in those areas please make sure they get a copy of the attached coupons. I am sure the members will appreciate it.
Thank you.
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HRA 2/12/10
Blue Cross Blue Sheild ONLY. Remember the HMO's Aetna and Kaiser DO NOT HAVE THESE DEDUCTIBLES AND PREMIUMS THEY REMAIN THE SAME AS TODAY
What is 10% co-insurance? For a family of 3 let's say, the deductible is 700.00 and 3000.00 in- network out of pocket. One member of the family of 3 goes to the doctor a lot because of illness. Once they pay for each full cost of their office visit and meet 350.00, that leave 350.00 left out of the 700.00. Another member of family goes to the doctor a lot and meets their 350.00 deductible. That is 700.00. You go to the doctor now and do not have to meet the 700.00 The company pays 90% of your office visit and you pay 10%. After you and your family meet the in-network of 3000.00 by paying the 10% of the office visit, all office visits afterward are paid at 100%.
This is a brief synopsis. I will have more information as it is more thouroughly explained to me. |
P2R 1/11/10
P2R on the 4th floor West tower at 575 Morosgo is closing down. Their work is going to Detroit. Those that remain (after Renee gets through with them, about 20) will follow their work to Kennesaw sales center. |
Deductibles and premiums 1/11/10
The new insurance deductibles and premiums for 2011 are for blue cross blue shield only! The HMOs are not bargained for in the contract. they will remain the same as they are today.
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VALUE OPTIONS IS A DIFFERENT VENDOR FOR MENTAL HEALTH. YOU NEED TO VERIFY IF YOUR PREVIOUS PROVIDER TAKES VALUE OPTION. A lot of the doctors did go with them but there are some that did not. All other rules of EAP remain the same, such as 8 visits per year. According to page 17 of the AT&T attendance and punctuality policy, EAP visits are to be coded as MP (old code, new code listed)
More news to follow as soon as I get it. |
New ADA guidelines: ADAAA 1/11/10
The Americans with Disabilities Act – New Amendments take Effect January 1, 2009
On January 1, 2009, the ADA Amendments Act ("ADAAA") takes effect. The Act expands the definition of disability under the Americans with Disabilities Act ("ADA"). This is a significant piece of legislation as more employees may now be considered disabled and, therefore, eligible for an accommodation and protected from discrimination.
What is a Disability Under the ADAAA?
Under the ADA, the term "disability" means with respect to an individual: (a) a physical or mental impairment that substantially limits one or more major life activities of such individual; ( b) a record of such an impairment; or (c) being regarded as having such an impairment.In a series of cases over the past several years, the courts, led by the Supreme Court, have narrowed the application of the statute to the detriment of employees. The ADAAA reverses a number of these employer-friendly decisions and changes the disability analysis. An impairment must still substantially limit a major life activity to qualify as a disability. An individual, however, may now be considered disabled even if the substantial limitation is corrected by mitigating measures or even if the individual is not currently substantially limited. Significant changes under the new law include:
Expanded definition of "Major Life Activities."
Major life activities had been limited to those activities that are of central importance to daily life. The ADAAA now defines major life activities to specifically include such things as standing, lifting, bending, reading and concentrating, along with performing manual tasks, thinking, working, caring for oneself, seeing, hearing, eating, sleeping, walking, speaking, breathing, learning and communicating.
The ADAAA also defines major life activities to include the operation of any major bodily function, including the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.
As a result of the expanded definition, it is likely that claims asserted by those with conditions that limit their ability to lift, stand or bend, will increase. The number of claims by individuals who assert they are disabled because of various learning, reading or concentrating impairments will likely increase as well.
Disregard of Mitigating Measures.
Under the ADAAA, an individual may now be disabled even if the effects of the individual's impairment are corrected by mitigating measures such as medication, prosthetics, hearing aids,medical equipment, learned behavioral or adaptive neurological modification, assistive technology, or accommodations, but excluding ordinary eyeglasses and contact lenses. The ADAAA requires that the analysis of whether an impairment substantially limits a major life activity be made without regard to such mitigating measures.
Disregard of Current Abilities.
An individual may also now be disabled even if the individual's impairment or condition does not currently substantially limit a major life activity. Under the ADAAA, an impairment that is episodic or in remission (for example, cancer) will be considered a disability if, when active, it would substantially limit a major life activity.
Expanded Definition of "Regarded As" Disabled
The ADA has always protected workers who were "regarded as" disabled, even if they were not actually disabled. Before the amendments, claimants needed to show that the employer regarded them as being substantiality limited in a major life activity. Now, a "regarded as" claimant need show only that the employer perceived the individual as impaired, whether or not it believed the impairment limited a major life activity. The ADAAA excludes "regarded as" claims for transitory (six months or less) and minor impairments.
Duty to Accommodate
Under the ADA, an employer is generally only required to reasonably accommodate an employee's disability to the extent required to allow the employee to perform the essential functions of the job. While the ADAAA may expand the number of individuals who are considered disabled, it does not require that all of these individuals receive an accommodation. No accommodation is required if the employee's disability does not affect the employee's ability to perform the job. Also, if an employee will not be able to perform the essential functions of thejob even with an accommodation, no accommodation is required. Further, an employer is not required to implement an accommodation if it would result in an undue hardship.
If an accommodation is required, an employer must engage in an interactive process with the employee in an effort to determine whether a reasonable accommodation exists. Depending on the circumstances, an accommodation could include job restructuring, a leave of absence, a modified work schedule, reassignment to a vacant position or modified job duties, equipment orfacilities. An employer does not have to provide the employee with the specific accommodation requested.
The ADA, even as amended by the ADAAA, also does not require an employer to remove the essential functions of a job in order to accommodate the employee's disability. In this regard, itis important to note that not all job functions are essential. Courts consider job descriptions and performance evaluations in determining what functions are essential to a job. Employers should periodically review and update these documents to ensure that the essential functions for each position are accurately described.
Discrimination
As in the past, employers are at risk for discrimination claims whenever they take adverse action against an individual who has a disability. The ADAAA increases this risk, by increasing the by increasing the number of individuals considered disabled or regarded as disabled. This change makes it even more important for employers to make decisions based on actual conduct or performance rather than impairments, disabilities or speculation about an employee's capabilities. It is also important that management employees refrain from making offhand comments about an individual's impairment as such statements could be used to prove discrimination. Sound employment practices, including training managers and supervisors on what to say and not say, how to recognize and handle an accommodation request and how to discipline timely and appropriately can help employers avoid costly litigation.
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Midtown (675, 754, 725 W. P'Tree)