Complaint Review: Dillard's Inc

Robert, per your question, here are the pertinent portions of the policy, as written:

For definitional purposes, a Regular Associate is a salaried, hourly (full-time or part-time) or commission (full-time or part-time) associate hired for an indefinite period of time.  A regular (full-time) associate is an associate scheduled to work at least an average of 30 hours per week.  A regular part-time associate is an associate schedule to work at least an average of 20 hurs per week.  Bennefits paid for an entire day (Holiday, Vacation, etc.) will be your 'avg hrs/day' at the time the benefit is taken.

Only associates classified as regular are eligible for benefits.  Those hired into (or changed into) a limited or seasonal/temporary status are not eligible, regardless of the number of hours worked per week (except for Jury Duty).  It is the associate's responsibility to ensure that he/she is correctly coded as "P" or "F".  The associate must average at least 20 hours per week each fiscal quarter to maintain benefit status.  Some benefits may require a higher average hours per week (e.g. major medical health insurance).

SICK LEAVE/EXTENDED ILLNESS

Time off for Sick Leave and/or Exted Illness is available only for regular associates.  No associate will be entitled to nor will any associate receive accrued Sick Leave or its cash equivalent at termination.

1.  Hourly Full-time & Part-time Associates - after 6 months of continuous employment, these associates earn and accrue one (1) hour for every 40 hours worked, with a maximum accrual of ten days (80 hours).  Associates will be eligible to receive sick pay only after being absent for at least three consecutive, scheduled, work days and when the absence is accompanied by a doctor's note stating the associate was medically unable to work during the period of the absence.  If these conditions are met, the associate is eligible to receive sick pay for the entire time missed, up to the amount of the associate's available sick pay accrual.  The 3-day minimum is not applicable to an associate on an absence covered by Workers Compensation.  Sick Leave accrual is continually and automatically rebuilt on hours worked.  The term "hours worked" includes all Hours worked and paid except sick pay hours (i.e. includes overtime hours, vacation hours, but does not include the half-time pay for overtime or premium pay, incentive pay, or other pay, etc.)

The company reserves the right to require a doctor's certificate of physical condition at any time regardless of the length of absence.  However, medical evidence of inability to work from the attending physician is automatically required every 30 days or more often if his/her condition changes, whenever an associate is unable to work for a period in excess of one week. 

ABSENCES

Subject to the location's attendance policy, associates must notify their immediate supervisor and/or management of any absence as soon as possible before the actual absence.  All absences must be approved before the time off may be taken.  Any change in the status or length must be communicated to and approved by management before the expected return date, or the absence immediately becomes 'unauthorized' and subject to disciplinary action, including discharge.

1. Paid Absences

a. Vacations/Holidays subject to eligibility defined in respective policies

b. Death in Immediate family

c. Jury Duty

d. Paid Sick Leave/Salary continuation (with proper medical certification)

e. Vacation and/or paid sick leave/salary continuation, if available, and as applicable, will constitute a portion of any leave requested under the Family and Medical Leave Act of 1993, or Dillards LOA below.

2. Leave of Absences (LOA) - any absence in the categories below that will be over one week in duration must be an approved LOA and entered into the on-line system as such, regardless of whether or not a paid benefit such as vacation or sick leave is used.  The LOA start date is the assocates last day worked +1.  Associates are eligible for a LOA after completing 6 months employment.  Associates with less than 6 months continuous service are eligible for a maximum of one week's absence for emergencies only.  For all medical absences the term 'proper doctor's note' is defined as written medical certification that specifically states that the associate (or eligible parent, child, or spouse) is "unable to work" for the period of the medical absence.  The associate is responsible for payment of medical and/or other insurance premiums while on LOA.  Any LOA request must be pre-approved before it is authorized.  The following absences are valid candidates for an approved LOA.

a. Any leave taken for reason outlined in the Family and Medical Leave Act of 1993, or other Federal or State Statutes.

b.  Military commitment

c.  On-the-job injuries covered by workers compensation

d. Associates with disabilities covered by the Americans with Disabilities Act

e.  Any other absence not in the absence with pay category is considered a candidate for an LOA.  See your management for eligibility and documentation required to obtain an approved LOA.

(end of policy statements)

To further clarify, FMLA and the Department of Labor define the care of an individual, 18 years or older and physically or mentally handicapped, by a person other than the legal parent, as "in parentis loco" or, in place of a parent, and meets the legal definition of "a child" in the employees care.  Therefore, I am caring for my brother "in parentis loco", or in the place of a parent, and the law recognizes that relationship as a parent/child relationship.

Hope this clarifies your question.  The policy does NOT state that sick leave is only paid if the employee themself is sick.

I hope this works out for you and God bless you for looking after your brother. We have close family with DS with no siblings, most of whose relatives I hold less than the greatest confidence would do for him what you're doing, were it put upon them to do so and he had no one else to turn to.

I'm certain many employers would also be less than dependable for assistance in such crises. I hope it works out for you in the end. Maybe you can find outside assistance in determining how Dillards has applied family medical leave policy with others, to make a compelling case to force their hand in granting you that leave. Could be a case of medical prejudice, where caring for someone, especially parents or children, recuperating from surgery or stricken with serious illness/injury, is perhaps viewed more kindly by them than caring for an otherwise healthy, but mentally handicapped sibling.

I wouldn't want to see you get rooked by a shyster lawyer in seeking help, but it might be worth consulting with one specializing in these issues.

To the first comment:   I am concerned about being able to properly care for my brother.  Every penny I have has gone to move him in and buy him all the things that he needs.  The money from the sick leave would have helped me to do that more effectively without endangering our ablity to eat and pay our bills.

Their policy does not say they don't pay it, and they have paid it to others.  I want them to pay to me what they offer:  Paid sick leave.  I have it accrued, 80 hours of it. 

I love my brother very much.  I chose to bring him with me instead of moving him into a nursing home, and I  went part-time to help provide care for him.  But bills have to be paid.  I'm realistic, not uncaring.

To the second comment:  He was discharged because of his age and decreased ability.  Unfortunately, much of this decrease of ability was due to them sedating him to the point he laid in bed all the time.  Now he is off those meds, gettting physical therapy and doing great!  He starts softball on Saturday!  As far repercussions....  Dillards may do whatever they choose.  I want people to know how they treat their employees.  Due to their unrealistic quota system, I will be most likely facing unemployment by the end of August, anyway.  So I'm not concerned with their actions if they are other than reversing this decision.

The policy doesn't say that.  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.
- That line does indicate that you have the ability to accrue leave, but it doesn't say how you are allowed to accrue the leave.  So using your line of thought if they said you only are allowed to accrue one hour per year, they could do that because there is nothing that says how many hours you are allowed to accrue.

The point..there has to be something else in writing that describes not only how it is ACCRUED but how it is USED.  So what do those sections specifically state.

Why was your brother discharged from group home? Is it a budget issue, with the state cutting funding? Is the home being shut down? Is it an area where maybe your brother's rights are being violated?

As for Dillards, I would think you need to have the written documented terms of this policy in your hands, or that of a lawyer, and proof positive documentation of how it's been applied to others, in order to determine what, if anything, Dillards is violating in your case.

Since it appears you still maintain your position with them, I would think it pretty rash for you to report on them here. Don't you expect a backlash from them due to this?

To keep employee expenses manageable, every company has policies to help with that.

IF they allowed your claim, they would have to allow ANY employee to take unlimited time to care for family, friends, pets, neighbors,,,ad infinitum.

You seem more concerned with having to give up some vacation time than about your brother.

Keep pressing Dillards on this and they may decide your employment isn't worth the hassle.

Move to a Scandinavian country, some of which cover EVERYTHING, bit tax rates can approach 80%.

There is no free lunch.