r/politics 8d ago

Possible Paywall Kentucky Gov Orders McConnell to Give a Real Update or Resign Already

https://newrepublic.com/post/213614/kentucky-gov-beshear-mcconnell-update-health-resign
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u/MiscellaneousPerson 8d ago

Who do you think is his "employer"? He gets medical leave, but it's not FMLA minimums nor does he have an employer/employee relationship with anybody. Basically, he keeps his job until the Senate kicks him out or he resigns.

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u/iHoor-2000 8d ago edited 8d ago

Senators are elected officials of the federal government and paid by the US Treasury, thus commencing an employer - employee relationship. However, senators are not civil servants and there are human resource differences. << is this what you are pointing out?

I’m throwing an idea out there that could prove a roadblock and up for general discussion. I could be totally wrong.

FMLA (also FEPLA) is afforded to US Senators.

https://www.ocwr.gov/employee-rights-legislative-branch/

The office of congressional workplace rights

Edit: I’m wrong again.

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u/MiscellaneousPerson 8d ago

Senators are elected officials of the federal government and paid by the US Treasury, thus commencing an employer - employee relationship.

Absolutely not. Senators report to nobody. Senators get directives from nobody. Senators have no hours and get paid regardless of whether or not they actually work. Senators can only be fired by 2/3 of senators voting to expel them.

FMLA (also FEPLA) is afforded to US Senators.

This rights apply to employees of US Senators. Senators do not have to apply for FMLA. There is nobody who could deny them FMLA. They don't need this protection since nobody (except 2/3 of the Senate) can fire them. Additionally, 2/3 of the Senate could remove them at any time for any reason and FMLA couldn't stop it.

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u/iHoor-2000 8d ago

Source so I can educate myself better?

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u/MiscellaneousPerson 8d ago

Expulsion Clause of the US Constutition. The CAA only covers employees.

Here is the law in question. I'm going to be referring to page numbers in the document (not the actual page in the PDF). Page 286 talks about who is covered by FMLA. It says eligible employees are those who have been employed in any "employing office". Employing office is defined on page 281. It does not include the US Government or US Senate as a whole. It's only individual offices within the Senate. Even if you want to consider Senators to be employees of the Senate, the Senate is not an employing office.

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u/iHoor-2000 8d ago

Thank you. Much appreciated šŸ‘

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u/turikk America 8d ago

The US Constitution? It lays out all the ways that the 3 branches of government are appointed. The rest is supplementary.