Gay Partner denied sick leave by AT&T

[FreeState]

http://www.dallasvoice.com/artman/publish/article_12425.php

RICHARDSON — Bryan Dickenson and Bill Sugg have been together for 30 years.
For the last 12 of those years, Dickenson has worked as a communications technician for Dallas-based AT&T.

After Sugg suffered a debilitating stroke in September, Dickinson requested time off under the federal Family Medical Leave Act to care for his partner.

But AT&T is refusing to grant Dickenson the 12 weeks of leave that would be afforded to a heterosexual spouse under the act.

As a result, Dickenson is using vacation time so he can spend one afternoon a week at Sugg’s bedside at a rehabilitation facility in Richardson. But Dickenson fears that when his vacation runs out, he’ll end up being fired for requesting additional time off to care for Sugg. Dickenson’s attorney, Rob Wiley of Dallas, said he initially thought AT&T’s refusal to grant his client leave under FMLA was just a mistake on the part of the company. Wiley said he expected AT&T to quickly rectify the situation after he sent the company a friendly letter.

After all, AT&T maintains the highest score of 100 percent on the Human Rights Campaign’s Corporate Equality Index, which ranks companies according to their treatment of LGBT employees. And just this week, HRC listed AT&T as one of its “Best Places to Work.”

But AT&T has stood its ground, confirming in a statement to Dallas Voice this week that the company isn’t granting Dickenson leave under FMLA because neither federal nor state law recognizes Sugg as his domestic partner...

[DesertFlower]

1. that really sucks.

[Skittles]

2. surprising to me

I contracted out to AT&T and they seemed to be very GBLT-friendly

[FreeState]

5. Im going to call them today and tell them what I think - figure it could not hurt

The problem here is they dont want to supply a benefit and they have legal backing to not offer it because Domestic Partnerships and Civil Unions are not the equivalent of Marriage.

[Soylent Brice]

3. K&R

utter bullshit.

[cbdo2007]

4. The company can't give him time under FMLA if he isn't recognized

by his federal and state government as being able to benefit from FMLA. His complaint should be with the govt. not with AT&T. Like the article says, he can request unpaid time off for a leave of absence but AT&T can't just give him FMLA because they want to, he has to qualify for it and that's up to the govt.

[FreeState]

7. The company still could do the right and decent thing and give it out of pocket

The company I work for pays out of pocket for GLBT family leave because its the moral and decent thing to do.

Yes the government should recognize gay marriage - but until that time companies that can afford it should treat their employes equally - even if it cost them to do so - IMO.

[Lyric]

10. It wouldn't even have to be paid leave.

FMLA isn't usually paid leave. They could choose to simply give him a voluntary equivalent of FMLA (12 weeks of leave, and he'll have his job when he comes back.) However, they can't even be bothered to do THAT much. *sigh*

[REACTIVATED IN CT]

8. They are not required to give it to him, but they can do it.

An employer can always do more (or pay more) than the law requires. It can't be called FMLA but they can call it "Personal Leave" or whatever they want to call it

[cbdo2007]

11. I think that's the problem here though. Based on the article he asked specifically

for FMLA.

He isn't saying they won't give him and unpaid leave of absence...he is specifically saying they won't give him FMLA. The question then is did he ask for an unpaid leave of absence as well and was denied his request - in which AT&T would be the bad guy? Or did he just ask for FMLA and is making a social statement about the FMLA specifically?

I'm all for this guy's rights to be there with his partner, I'm not arguing that but the article appears to be attacking AT&T for not giving him FMLA which they can't legally do. There is no statment included from AT&T and for all we know they did offer him an unpaid leave of absence.

[laughingliberal]

17. FMLA does not require the leave to be paid. nt

[cbdo2007]

18. No one is saying that it does.

[NorthCarolina]

33. I think what he's trying to say is that He shouldn't be expecting to get paid leave

because he's "gay", and FMLA is reserved for "hetero's" ONLY. Instead, the "gay" guy should accept Unpaid Hardship Leave time, and if he gets that to consider himself lucky and STFU. Something like that anyway.:eyes:

[FreeState]

21. He got 30 days unpaid leave not 12 weeks - which FMLA gives (thats 90 days) n/t

[laughingliberal]

31. I don't know what your point is. FMLA is just a law that says people can have leave

if they need it to care for a family member or if they are ill. There is nothing to stop AT&T from giving him the time off. There is nothing legally stopping them from giving him the time off. FMLA does not limit leave. It mandates that companies must give employees time off for certain conditions and keep their job for them. Nothing says it can't be more time than that or that they can't have the time for a partner instead of spouse. It just doesn't mandate that.

[Lyric]

9. Yes they can. FMLA forces companies to give leave.

They don't HAVE to be forced. They can choose to do it voluntarily--which they aren't. I assure you, the government doesn't forbid employers from choosing to extend a voluntary leave period to an employee. Considering that he isn't eligible for FMLA, the proper response should have been "We can't give you FMLA, but we can give you 12 weeks of our own free will, and we will, because it's the right thing to do."

When did it become A-Okay for a corporation to only do the right thing when the government MAKES them do it? Why don't we have any moral expectations for our corporations anymore? We need to get those expectations back, and pronto.

[laughingliberal]

15. There was never any law forbidding companies from giving employees leave to care for family members

or for any other reason. FMLA passed for those who fired people for being off sick or needing to care for family members. AT&T, like any other company, can honor their employees requests for leave for any reason they want to.

[cbdo2007]

19. AT&T did give him many days off unpaid to care for his partner...it was

when he asked to be switched from Full Time to Part Time that they said he couldn't do that, which even FMLA won't do as they only allow you up to 90 days of unpaid leave. He had already used at least 43 of those days which AT&T had given him themselves.

It still sounds like to me that AT&T has worked with him in giving him unpaid leave to care for his family member. The only time they weren't cooperative was when he asked to be switched from Full Time to Part Time, which is up to their discretion. He then asked again to get FMLA benefits which he isn't eligible for but does not state whether or not they offered him additional time off without pay.

[FreeState]

22. TThey gave him 1/3 the time off they give to heterosexuals n/t

[laughingliberal]

30. There is no law that forbids any company giving anyone time off if they choose

The only thing FMLA guarantees is the time off. I'm not sure what you mean by FMLA benefits. It's not like people get paid. FMLA was a law that we passed 3 times and Clinton finally passed it. It only insures companies will give people the time off without firing them.

[Echo In Light]

6. Puke - K/R

[La Lioness Priyanka]

12. yup we dont need marriage. its just you know, an immaterial right.

[laylah]

13. What B.S.! I need to find

a new carrier. Of course, I should have found a new carrier a long time ago but that is another story. This is reprehensible! :puke:

eta spelling corrections

[TwixVoy]

14. As a former AT&T employee I am kind of surprised and kind of NOT surprised

I am kind of surprised because AT&T is EXTREMELY GLBT friendly. (let me clarify.... upper management is.... lower ranks not so much) But written company policy is one of the best for GLBT employees. AT&T also has LEAGUE which is the largest GLBT employee organization at any company in America.

I am partly NOT surprised because AT&T also has one of the STRICTEST attendance policies I have ever seen. It is literally possible to be fired after one missed work day.

AT&T is union though. This guy needs to fill out a grievance ASAP. The union will usually be able to do something.

[REP]

16. AT&T is just rebranded SWB now

As a retired SWB/ATT employee, I can tell you they talk a good game until you actually get sick.

[mitchtv]

20. I can only echo this post

My spuse and I get benefits from AT&T/swb but it is in a state where we have protections, and for the first couple of years , I had to prove the relationship. Finally sent them a copy of our property tax bill. That's all changed , as we are legally married in Calif. but they haven't asked us to prove it yet. Their attendance policy is legendary and as a stewart I dealt with that all the time

[FreeState]

23. UPDATE: AT&T doing the right thing....

http://www.towleroad.com/2010/01/att-to-resolve-sick-leave-situation-with-regard-to-gay-couple.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+towleroad%2Ffeed+%28Towleroad+Daily++%23gay+news%29

AT&T TO RESOLVE SICK LEAVE SITUATION WITH REGARD TO GAY COUPLE

Some quick action from AT&T.

Towleroad has learned that the Diversity & Inclusion group at AT&T and Human Resources are working to resolve the case of Bryan Dickenson I posted about earlier.

In addition, AT&T released the following statement:
"AT&T regrets that there has been confusion over the administration of family leave with respect to registered domestic partners. AT&T has taken steps to ensure that FMLA is extended to employees with registered domestic partners for the purpose of caring for the partner, regardless of the state in which the employee resides. AT&T has a long history of inclusiveness and we embrace and celebrate diversity of race, ethnicity, and sexual orientation in our workforce."

We look forward to hearing that the couple's case has been completely resolved.

[Luciferous]

25. Good to know they resolved things; thanks for the update

[cbdo2007]

26. Guy from article should apologize to AT&T not understanding

the difference between getting FMLA and getting an unpaid leave of absence from AT&T and then dragging them through the mud over it. That how the article sounded all along is that he just didn't understand that AT&T were giving/offering him the exact same benefits just not under the name FMLA.

[FreeState]

27. Wrong

he just didn't understand that AT&T were giving/offering him the exact same benefits just not under the name FMLA.

THey gave him 30 days leave. FMLA is 90 days.

[cbdo2007]

28. He asked for 30 days, they gave him 30 days. Then he came back for awhile

and said he wanted to switch from Full time to Part time. They said he couldn't do that but that he should try FMLA. He told HR he wanted to specificaly use FMLA and they said he wasn't eligible. He got mad that he wasn't eligible specifically for FMLA so rather than ask them for an additional unpaid leave of absence that wasn't under the heading "FMLA" he went to the media to badmouth one of the best companies around for same-sex couples.

He should apologize to AT&T and he should apologize to all of the other same-sex couples out there for hurting their cause by going public with a non-sense story that makes him look like the idiot rather than the other way around.

[FreeState]

29. Wrong again - that is not in the article - he never asked for 30 days off

Unless your reading another article I dont know where your getting that from. It does not say once in the article that he asked for 30 days off - it says thats what they gave him.

When he returned to work after 13 days at the hospital, Dickenson explained that his domestic partner was ill and he needed more time off. His supervisor managed to get him an additional 30 days of unpaid leave.

[laughingliberal]

32. Wrong

There is no difference between FMLA and any other unpaid leave. FMLA just mandates companies can't deny you the time off or fire you if you are off ill or caring for a family member or new baby. Obviously, the company does not believe partners are addressed as family members would be but there is nothing in FMLA that says they can't give him the time off. I don't see them giving him the same time off as they would someone with a heterosexual spouse.

[Mari333]

24. and on another note:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7600967