The doctor recommended at least 18 weeks to recover from childbirth. The Federal Employee Paid Leave Act (FEPLA) gave her 12 weeks of fully paid parental leave. To supplement the parental leave, Jane (whose name was changed for this article) requested 6 weeks of advanced sick leave. After all, she wanted to make sure she recovered fully so that both she and her newborn would receive the best care. Management denied her request, saying she was too mission-critical for her to be gone that long. When she wanted to discuss a solution to this issue, Management only suggested filing a grievance and declined any further discussion on the matter.
The grievance process could take months, and she was 38 weeks pregnant. Management knew that the grievance process could take months, they were fully aware of her pregnancy, and still they closed the door on her. Left with no other options, she decided to go to the office of IFPTE Local 98. Union leadership called for an emergency meeting at lunch on the same day to discuss this issue. Despite the short notice, the conference room was filled with union members. Jane explained the situation to her fellow union members in tears, fearing the financial stress that would compound the stresses of physical recovery and caring for a newborn. Pregnancy and childbirth cause some of the most demanding physical and psychological changes, and parents are expected to endure a recovery period with pain, sleep deprivation, fatigue, and exacerbation of mental health disorders. The muscles in a human body postpartum will not be restored to pre-pregnant physiology until at least 6 months after childbirth. While FEPLA provides a well-appreciated safety net for new parents, the science states that parents should be allowed more leave for recovery and for infant development. Still, Jane only requested 18 weeks, not 6 months, partially with her own accrued leave. Moved by this story, the Union membership resolved to confront management immediately about the disenfranchisement of a pregnant worker. But instead of filing a grievance as management suggested, the Union chose to use direct action. The Union wrote their demands on the conference room whiteboard, spread the word to the rest of the office, and presented Management with a signed petition all on that same day. The following morning, Management entered a lengthy meeting, concluding with a decision to grant her a combined 18 weeks of postpartum leave, just as the doctor ordered. Thanks to IFPTE Local 98’s active members, recent expansion of union leadership, and plenty of experience in direct action initiatives, Jane’s story reached the farthest edges of the district and spurred the bargaining unit into action. While the grievance process is an important tool for unions, Local 98 recognized early on that their best tool was the collective power of the bargaining unit. All federal employees have a legal right to assist a union without fear of retaliation (whether they are members or not) as enshrined in Title V of the United States Code §7102. Solidarity is what delivered Jane’s sick leave, and if all workers exercise their right to stand up for their peers, we may be able to weather any storms lie ahead. IFPTE wishes Jane a well-deserved recovery where the focus will be on her family and her family alone.
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The ACE AdvocateA publication of the IFPTE ACE Council. Managing Editor, John Berens. Content by the ACE Council Communications Committee. Archives
January 2025
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The ACE Council represents the interests of more than 4,000 federal employees working at district and division offices, and business centers and laboratories of the US Army Corps of Engineers across the country.
All references to the Army Corps of Engineers or other agencies of the Department of Defense and the federal government are for identification purposes only. |