Will try to brief but may not be able to. I work for a social service agency and am in a union. Late last year, my employer instituted a driving policy which was not negotiated in the contract. The policy was posted on the agency's website, but was not widely circulated so many, including myself, did not know about it. The policy states if you have a job that requires a DL and are convicted of a DUI, you will be placed on Admin Leave and can be disciplined up to and including termination.
Early '06, I received a DUI, still unaware of the policy. Due to the subsequent depression (I had already been treated for) worsened, my Dr. placed me on FMLA for 6 mos. During that time, I was convicted, went to rehab, etc. I returned to work in Aug. Was placed on Admin Leave two days later because I did not notify them and because I was convicted. I was granted occupational driving early on in this process which they are refusing to acknowledge. I have had my discharge hearing and am pretty sure I'm out of there. My union will grieve it and my dui atty wants to file a wrongful term suit. I was under the impression that labor law dictated that when a policy is instituted ouside of the contract that would cause disciplinary action, it had to be negotiated. Is this correct? Do I have any recourse? It is hell looking for a new job now without a valid DL and trying to explain that I have occupational driving. Any ideas? Thanks:confused:

All of this is going to depend on the contract. None of it is a violation of any LAW. BTW, FMLA leave is a maximum of 12 weeks. You may have been on a leave of absence for longer than that, but the excess over 12 weeks was not job-protected under FMLA; it may be under your contract.

I was on sick leave for a month before he put me on FMLA and I did take the full 12 weeks, was released by doc to return, they allowed me to return, then sent me on Admin leave. The driving policy is not in the contract. There is a dispute as to when they say they found out about the DUI, they say not until I came back; the bailiff for the judge who sentenced me says he spoke to them as early as march. That is likely immaterial, but they are dirty and history shows they can't be trusted. I would have gladly divulged the DUI, but I didn't know I was supposed to and, I was on FMLA.

itsallgoood, you have posted effectively the same post, albeit with different levels of info, on different forum. It is confusing for the responders and may tend to give you different advice because your posts are not completely alike in content.

It will be far easier for all, including you, if you stuck with one forum ...