Many ILWU members pay little attention to the sick leave benefits provided by their union negotiated contract. They get sick, and they get paid sick leave benefits. When they get well, they return to work. Most members know they earn a certain number of sick days every year, and unused sick leave may be “banked” or accumulated and used in the future if needed.
Consider yourself lucky, because half of the blue collar workers like yourself in private industry do not have paid sick leave benefits.
If they get sick and stay home, they receive no pay. If these workers have no union, and their injury keeps them out of work for several weeks, they may lose their medical coverage. There is even no guarantee they will be put back on their schedule or have a job when they return to work.
None of this would happen to you because most ILWU contracts provide sick leave benefits and protect your job rights in case of a longer illness or injury. Suppose you fall out of a tree while picking mangos. You break your leg and will be out of work for two months or eight weeks.
You have 15 days of sick leave, which will only last 3 weeks. But temporary disability insurance will pay 58 percent of your wages for the next 5 weeks. After 8 weeks, your leg is healed and you return to work to your same job and schedule, because your seniority was protected.
ILWU negotiated contracts provide a series of benefits which are designed to work together to protect you and your family in case of a long-term illness or major disability. Most of these benefits come directly from your union contract. Some of these benefits are the result of the union’s political action program which worked to pass state laws that protect workers.
Sick leave benefits, the right to accumulate unused sick leave, and temporary disability insurance are designed to work together to replace some of your wages for at least 6 months. If your contract includes longterm disability insurance, you could receive income for 5 years or longer.
Many ILWU contracts require your employer to continue your medical plan coverage while you are sick or disabled. Most hotel contracts, for example, will continue your medical plan coverage for 12 months of disability. Some contracts require you to pay your medical premiums the next month after your disability so make sure you know what your contract provides.
Your seniority is also protected in case of a long-term disability. Some contracts protect your seniority for 12 months and some maintain your seniority for 36 months which may be extended if the employer and union agrees. By maintaining your seniority, you have the right to return to work in the same or similar job.
This story used examples from many different ILWU contracts, which may not apply to your workplace. Please read the latest copy of your union contract and talk with your union representatives to learn what your rights and benefits are for your workplace.
Common benefits that protect you when sick, injured
Continuation of Medical Benefits
All ILWU contracts require your employer to continue your medical plan coverage while you are receiving sick leave benefits. However, if you run out of sick leave or your illness or disability continues for longer than one month, there are usually limits on how long your employer must continue to pay for your medical plan.
Many ILWU contracts, such as hotels, will continue your medical plan coverage for up to 12 months of disability. Other contracts may continue your medical benefits for a few months. Some contracts may require you to pay the full cost of your medical plan the next month after you exhaust your sick leave. This information is often found in different sections of your union contract. Check the sick leave, seniority, and medical plan sections of your contract.
If you lose your medical benefits because of a long-term disability or illness, the law gives you the right to remain in your employer’s medical plan. The law is called COBRA, but you must pay the full cost of the medical plan and may be charged an additional two percent for administrative costs.
Family Medical Leave Act (FMLA)
. . . and the Hawaii Family Leave Law. These are laws that were passed because of union political action. The federal Family Medical Leave Act applies to companies with 50 or more employees and provides unpaid leave. The Hawaii Family Leave Law applies to companies with 100 or more employees, which includes management and all locations of the company in the State of Hawaii. The Hawaii law requires an employer to allow you to use up to 10 days of sick leave or paid time off benefits for family leave purposes. Both laws prohibit any loss of employment benefit and would not count under the so-called “no fault” absentee policies. You are required to tell your employer you are taking Family Leave and the leave must qualify as under the law—for the birth or adoption of a child, to care for a family member with a “serious health condition”, or for your own “serious health condition.”
You should talk with your union representative if you have questions or need help with this benefit.
Long-Term Disability Insurance (LTDI)
Many ILWU contracts provide a LongTerm Disability (LTDI) benefit. This is an insurance plan that continues to pay you a monthly income after your Temporary Disability Benefits are exhausted. Payments would start after 26 weeks of continuous disability and continue up to age sixty-five (65) in case of an accident or five (5) years in case of an illness. The monthly income benefit is sixty percent (60%) of your monthly straight time earnings. Some plans have a maximum monthly benefit of $1000 a month.
Sick Leave Benefits
These benefits are defined by your union contract. This section of your contract will define whether there is a waiting period and other rules about how your sick leave plan works, such as whether a doctor’s paper is required.
This section will spell out how many days of sick leave you earn each year and how many days you may accumulate and save for future use. Some contracts will allow you to switch to sick leave if you get sick while on vacation.
Seniority
Seniority rights are defined in your union contract. Seniority refers to your length of service with the company and may be further defined as time worked in your job classification or status as a fulltime or part-time worker. Every contract usually has a section on seniority, but other sections of the contract may also define your seniority rights. For example, medical plan payments may be under the contract section dealing with medical plans and work opportunity by seniority may be in the hours and overtime section of the contract.
Temporary Disability Insurance (TDI)
Union political action led to the passage of this law in 1969. This is a wage replacement benefit that pays at least 58 percent of your wages (up to a maximum weekly payment of $510 for 2009) lost because of off-the-job illness or injury. Benefits start from the eighth day of disability and can last up to 26 weeks per benefit year. Hawaii State law requires employers to provide TDI benefits or have a sick leave plan which provides the equivalent benefits. The maximum weekly benefit amount of $510 for 2009 is based on the State’s average weekly wage which the state updates each year.
Many ILWU contracts require you to exhaust your current and accumulated sick leave benefits before you receive TDI benefits. Some ILWU contracts will combine your sick leave and TDI benefits to give you 100 percent of your wages—58 percent from TDI and 42 percent from your sick leave—until your sick leave runs out. ILWU Longshore contracts provide sick leave benefits which meet the requirements of the TDI law. Check your ILWU contract for the details of your benefits.
If you work for more than one employer, you may be eligible to receive TDI benefits from each employer. There are some eligibility requirements such as working a minimum of 14 weeks for 20 or more hours in the 52 weeks before your disability. You may be required to have a doctor’s paper and file a form TDI-45, “Claim for TDI Benefits”, within 90 days from the start of your disability.
Injury or illness caused by work would be covered under Workers’ Compensation and not under TDI. You should report Many ILWU members pay little attention to the sick leave benefits provided by their union negotiated contract. They get sick, and they get paid sick leave benefits. When they get well, they return to work. Most members know they earn a certain number of sick days every year, and unused sick leave may be “banked” or accumulated and used in the future if needed.
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