Several detention officers has left the MCSO in the past few weeks. Thanks to diligent, caring people we have obtained information that one of the detention officers applied for and received a transfer to the position of administrative clerk.
The reason for the transfer to the position was because the detention officer's wife is undergoing treatment of cancer. The contingency that Franklin had for the transfer was that the employee must wear a firearm since he is also a reserve deputy. The deputy complied and was placed in the Family Medical Live program. Livingston didn't like the weapon and ordered the administrative clerk AKA reserve deputy to remove the weapon. The Administrative clerk was placed in the position where Franklin ordered the weapon worn and Livingston ordered the weapon removed.
Anyone who has ever had a family member suffering with cancers will tell you as will the oncologist that the treatment often causes severe nausea and weakness. The cancer victim must be transported to and from treatment. The first week after the treatment is usually the worst of the nausea, weakness, and vomiting. As a loving spouse you should be with your loved one as much as possible during this type of family hardship. Folks, that is what the Family Leave Act is all about.
Part II of Ana's visit. The employee was ordered to Franklin's office where he met with Franklin, Berzett, and Livingston. The employee in now headed back to his old job in the jail. Livingston ordered the employee back to the jail because it is a hardship for him when the employee is off.
Everyone knows that the jail is short handed and that most pods exist on only one corrections officer per pod where three are required. There is very little likelihood that this man will be able to find another corrections officer to sit in for him. It should not be the corrections officers responsibility to find someone to sit in for him. These actions to not comply with the Family Medical Leave Act.
This is a no win situation for the three MCSO leaders. They may say they never approved the FMLA transfer. So, why was he transferred? They may say he never applied for the FMLA. So, why was he transferred.
If Livingston thinks that the Administrative Clerk's absence is too much of a hardship on him, can you imagine what kind of hardship it is for the corrections officer not to mention the wife with cancer?
What an absolute disgrace to the honor of the MCSO. How will they turn these event around and blame the corrections officer and his sickly wife?
They have totally violated laws of the FMLA.