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FMLA
General
An employee must provide a supervisor a PS Form
3971 together with documentation supporting the request, at least 30 days before the absence if the need for the leave is
foreseeable. If 30 days notice is not practicable, the employee must give notice as soon as practicable. Ordinarily the employee
should give at least verbal notification within 1 or 2 business days of the time the need for leave becomes known. A copy
of the completed PS Form 3971 is returned to the employee along with a copy of Publication 71, which details the specific
expectations and obligations and the consequences of a failure to meet these obligations.
Additional documentation may be requested of
the employee, and this must be provided within 15 days or as soon as practicable considering the particular facts and circumstances.
During an absence,
the employee must keep his or her supervisor informed of intentions to return to work and of status changes that could affect
his or her ability to return to work. Failure to provide documentation can result in the denial of FMLA protection.
515.523 Employee
Incapacitation
An employee
requesting FMLA-covered time off because of his or her own incapacitation must satisfy the documentation requirements for
sick leave in 513.31 through 513.38 in order to receive paid leave during the absence. If medical opinions are required in
addition to initial documentation, they are administered as described in 515.53.
515.524 Return
to Work After Employee Incapacitation
To return to work from an FMLA-covered absence
because of his or her own incapacitation, an employee must provide certification from his or her health care provider that
the employee is able to perform the essential functions of his or her positions with or without limitations.
Limitations
described are accommodated when practical. In addition, a bargaining unit employee must comply with collective bargaining
agreements, which include Postal Service policies in 865 (summarized in section VI of Publication
71), 513.37, and other handbooks and manuals.
Your Rights under
the Family and
Medical Leave Act of 1993
FMLA requires
covered employers to provide up to 12 weeks of unpaid, job-protected leave to ''eligible'' employees for certain family and
medical reasons. Employees are eligible if they have worked for their employer for at least one year, and for 1,250 hours
over the previous 12 months, and if there are at least 50 employees within 75 miles. The FMLA permits employees to take leave
on an intermittent basis or to work a reduced schedule under certain circumstances.
Reasons for Taking Leave:
Unpaid leave must be granted
for any of the following reasons:
• to care for the
employee's child after birth, or placement for adoption or foster care;
• to care for the
employee's spouse, son or daughter, or parent who has a serious health condition; or
• for a serious health
condition that makes the employee unable to perform the employee's job.
At the employee's or employer's
option, certain kinds of paid leave may be substituted for unpaid leave.
Advance Notice and Medical
Certification:
The employee may be required
to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.
• The employee ordinarily
must provide 30 days advance notice when the leave is ''foreseeable.''
• An employer may
require medical certification to support a request for leave because of a serious health condition, and may require second
or third opinions (at the employer's expense) and a fitness for duty report to return to work.
Job Benefits and Protection:
• For the duration
of FMLA leave, the employer must maintain the employee's health coverage under any ''group health plan.''
• Upon return from
FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other
employment terms.
• The use of FMLA
leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.
Unlawful Acts by Employers:
FMLA makes it unlawful
for any employer to:
• interfere with,
restrain, or deny the exercise of any right provided under FMLA:
• discharge or discriminate
against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating
to FMLA.
Enforcement:
• The U.S. Department
of Labor is authorized to investigate and resolve complaints of violations.
• An eligible employee
may bring a civil action against an employer for violations.
FMLA does not affect any
Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which
provides greater family or medical leave rights.
For Additional Information:
If you have access to the
Internet visit our FMLA website: http://www.dol.gov/esa/whd/fmla. To Wage-Hour toll-free information and help line at 1-866-
4USWAGE (1-866-487-9243): a customer service representative is available to assist you with referral information from 8am
to 5pm in your time zone; or log onto our Home Page at http://www.wagehour.dol.gov.
Absence for Family Care or Illness of Employee
Purpose
Section 515 provides policies to comply with the Family and Medical Leave
Act of 1993 (FMLA). Nothing in this section is intended to limit employees’
rights or benefits available under other current policies (see 511, 512, 513,
514 ) or collective bargaining agreements. Likewise, nothing
increases the
amount of paid leave beyond what is provided for under current leave
policies or in any collective bargaining agreement. The conditions for
authorizing the use of annual leave, sick leave, or LWOP are modified only to
the extent described in this section.
Definitions
The following definitions apply for the purposes of 515:
a. Son or daughter — biological, adopted, or foster child, stepchild, legal
ward, or child who stands in the position of a son or daughter to the
employee, who is under 18 years of age or who is 18 or older and
incapable of self-care because of mental or physical disability.
b. Parent —
biological parent or individual who stood in that position to
the employee when the employee was a child.
c. Spouse —
husband or wife.
d. Serious health condition — illness, injury, impairment, or physical or
mental condition that involves any of the following:
(1) Hospital care — inpatient care (i.e., an overnight stay) in a
hospital or residential medical care facility, including any period
of incapacity or subsequent treatment in connection with or
subsequent to such inpatient care.
(2) Absence plus treatment — a period of incapacity of more than
3 consecutive calendar days (including any subsequent
treatment or period of incapacity relating to the same condition)
that also involves either one of the following:
(a) Treatment two or more times by a health care provider.
(b) Treatment by a health care provider on at least one
occasion that results in a regimen of continuing treatment
under the supervision of the health care provider.
(3) Pregnancy — any period of incapacity due to pregnancy or for
prenatal care.
(4) Chronic condition requiring treatments — a chronic condition
that meets all of the three following conditions:
(a) Requires periodic visits for treatment by a health care
provider or by a nurse or physician’s assistant under direct
supervision of a health care provider.
(b) Continues over an extended period of time (including
recurring episodes of a single underlying condition).
(c) May cause episodic, rather than a continuing period of,
incapacity. Examples of such conditions include diabetes,
asthma, and epilepsy.
(5) Permanent or long-term condition requiring supervision — a
period of incapacity that is permanent or long-term due to a
condition for which treatment may not be effective. The
employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a
health care provider. Examples of such conditions include
Alzheimer’s, a severe stroke, and the terminal stages of a
disease.
(6) Condition requiring multiple treatments (nonchronic condition)
—
any period of absence to receive multiple treatments (including
any period of recovery therefrom) by a health care provider or by
a provider of health care services under orders of, or on referral
by, a health care provider, either for restorative surgery after an
accident or other injury, or for a condition that would likely result
in a period of incapacity of more than 3 consecutive calendar
days in the absence of medical intervention or treatment.
Examples of such conditions include cancer (which may require
chemotherapy, radiation, etc.), severe arthritis (which may require
physical therapy), and kidney disease (which may require
dialysis).
Note: Cosmetic treatments (such as most treatments for
orthodontia or acne) are not “serious health conditions” unless
complications occur. Restorative dental surgery after an accident
or removal of cancerous growths is a serious health condition
provided all the other conditions are met. Allergies, mental illness
resulting from stress, and treatments for substance abuse are
protected only if all the conditions are met. Routine preventative
physical examinations are excluded. Also excluded as a regimen of
continuing treatments are treatments that involve only
over-the-counter medicine or activities such as bed rest that can
be initiated without a visit to a health care provider.
e. Health care provider — doctor of medicine or osteopathy; Christian
Science practitioner listed with the First Church of Christ, Scientist, in
Boston, MA; physician; or other attending practitioner who is
performing within the scope of his or her practice.
Eligibility
For an absence to be covered by the FMLA, the employee must have been
employed by the Postal Service for an accumulated total of 12 months and
must have worked a minimum of 1,250 hours during the 12-month period
before the date leave begins.
Leave Requirements
Conditions
Eligible employees must be allowed an total of up to 12 workweeks of leave
within a Postal Service leave year for one or more of the following:
a. Because of the birth of a son or daughter of the employee and in order
to care for such son or daughter. Entitlement to be absent for this
condition expires 1 year after the birth.
b. Because of the placement of a son or daughter with the employee for
adoption or foster care. Entitlement to be absent for this condition
expires 1 year after the placement.
c. In order to care for the spouse, son, daughter, or parent of the
employee if the spouse, son, daughter, or parent has a serious health
condition.
d. Because of a serious health condition that makes the employee unable
to perform the functions of the employee’s position.
Leave Type
Absences that qualify as FMLA leave may be charged as annual leave, sick
leave, continuation of pay, or leave without pay, or a combination of these.
Leave is charged consistent with current leave policies and applicable
collective bargaining agreements.
Authorized Hours
Eligible employees are entitled to 12 workweeks per leave year of
FMLA-protected absences. This amount is twelve times the hours normally,
or regularly, scheduled in the employee’s workweek. Occasional or sporadic
overtime hours are excluded. Thus:
a. Full-time employees who normally work 40 hours per week are entitled
to up to 480 hours of FMLA-covered absences within a leave year.
b. Part-time employees who have regular weekly schedules are entitled to
12 times the number of hours normally scheduled in their workweek.
For example, a part-time employee with a normal schedule of 30 hours
a week is entitled to 360 hours (12 weeks times 30 hours).
c. Part-time employees who do not have normal weekly schedules are
entitled to the total number of hours worked in the previous 12 weeks,
not including occasional or sporadic overtime hours.
Absences in addition to the 12 workweeks of FMLA leave may be granted in
accordance with other leave policies or collective bargaining agreements
(see 511, 512,
513, 514).
Documentation
General
An employee must provide a supervisor a PS Form 3971 together with
documentation supporting the request, at least 30 days before the absence if
the need for the leave is foreseeable. If 30 days notice is not practicable, the
employee must give notice as soon as practicable. Ordinarily the employee
should give at least verbal notification within 1 or 2 business days of the time
the need for leave becomes known. A copy of the completed PS Form 3971
is returned to the employee along with a copy of Publication 71, which
details the specific expectations and obligations and the consequences of a
failure to meet these obligations.
Additional documentation may be requested of the employee, and this must
be provided within 15 days or as soon as practicable considering the
particular facts and circumstances.
During an absence, the employee must keep his or her supervisor informed
of intentions to return to work and of status changes that could affect his or
her ability to return to work. Failure to provide documentation can result in
the denial of FMLA protection.
Particular Circumstances
New Son or Daughter
An employee requesting FMLA-covered time off because of the birth of the
employee’s son or daughter and to care for the son or daughter, or because
of the placement of a son or daughter with the employee for adoption or
foster care, may be required to substantiate the relationship and provide the
birth or placement date.
Care of Others for Medical Reasons
An employee requesting FMLA-covered time off because the employee is
needed to care for a spouse, parent, son, or daughter who has a serious
health condition may be required to:
a. Substantiate the relationship.
b. Provide documentation from the health care provider — using either
Form WH-380, Certification of Health Care Provider, or equivalent
documentation — stating the date the serious health condition began,
probable duration of the illness, appropriate medical facts, nature of
the need to care for, and when the employee will be needed to provide
such care or psychological support.
Note: The medical certification provision that an employee
is
“needed to care for” a family member encompasses both physical
and psychological care. It includes situations where, for example,
because of a serious health condition, the family member is unable
to care for his or her own basic medical, hygienic, or nutritional
needs or safety, or is unable to transport him- or herself to the
doctor, etc. The term also includes providing psychological
comfort and reassurance that would be beneficial to a child,
spouse, or parent with a serious health condition who is receiving
inpatient or home care.
Employee Incapacitation
An employee requesting FMLA-covered time off because of his or her own
incapacitation must satisfy the documentation requirements for sick leave in
513.31 through 513.38 in order to receive paid leave during the absence.
If
medical opinions are required in addition to initial documentation, they are
administered as described in 515.53.
Return to Work After Employee Incapacitation
To return to work from an FMLA-covered absence because of his or her own
incapacitation, an employee must provide certification from his or her health
care provider that the employee is able to perform the essential functions of
his or her positions with or without limitations. Limitations described are
accommodated when practical. In addition, a bargaining unit employee must
comply with collective bargaining agreements, which include Postal Service
policies in 865 (summarized in section VI of Publication 71), 513.37, and
other handbooks and manuals.
Additional Medical Opinions
A second medical opinion by a health care provider who is designated and
paid for by the Postal Service may be required. A health care provider
selected for the second opinion may not be employed by the Postal Service
on a regular basis. In case of a difference between the original and second
opinion, a third opinion by a health care provider may be required. The third
health care provider is jointly designated or approved by management and
the employee, and the third opinion is final. The Postal Service pays the
health care provider for the third opinion. Recertifications of a medical
condition, for which the employee bears the cost, may also be required.
Such medical opinions are obtained off the clock.
Intermittent Leave or Reduced Schedule
New Son or Daughter
Absences requested because of the birth and subsequent care of the
employee’s newborn son or daughter or because of the placement of a son
or daughter with the employee for adoption or foster care may be taken on
an intermittent basis or reduced work schedule only if the request for such
intermittent leave or schedule modification is approved by the supervisor.
Eligibility for this leave expires 1 year after the birth or placement. Approval is
based on employee need, Postal Service need, and costs to the Postal
Service.
Care of Others for Medical Reasons or Employee Incapacitation
Absences requested to care for a spouse, son, daughter, or parent with a
serious health condition or due to the employee’s own health condition may
be taken on an intermittent basis or by establishing a reduced work schedule
when medically necessary.
Temporary Change in Duty Assignment
If an employee requests intermittent leave or a reduced work schedule, the
Postal Service may assign the employee, with equivalent pay and benefits,
temporarily to the duties of another position consistent with applicable
collective bargaining agreements and regulations if such an assignment
better accommodates the recurring periods of absence.
Fair Labor Standards Act Status
An employee exempt from the Fair Labor Standards Act (FLSA) normally may
not take leave in less than 1-day increments. However, leave taken for an
FMLA-covered reason on an intermittent basis or by temporarily establishing
a reduced work schedule can be taken in less than 1-day increments without
affecting the employee’s FLSA-exempt status.
Return to Position
Employees whose absence is covered by the FMLA are normally entitled to
return to the positions they held when the absence began, or to equivalent
positions with equivalent pay, benefits, working conditions, and other terms
of employment if they are able to perform the essential functions of the
positions. Returning employees are not entitled to any right, benefit, or
position to which they would not have been entitled had they not been
absent, or to intangible, unmeasurable aspects of the job such as the
perceived loss of potential for future promotional opportunities. If an
employee was hired for a specific term or only to perform work on a discrete
project, then there is no further reinstatement obligation under this section if
the employment term or project is over and the employment would not have
otherwise continued.
Benefits
All benefits accrue to employees during an FMLA absence pursuant to the
applicable provision of the ELM.
Family Leave Poster
All postal facilities, including stations and branches, are required to
conspicuously display WH Publication 1420, Your Rights Under
the Family
and Medical Leave Act of 1993. It must be posted, and remain
posted, on
bulletin boards where it can be seen readily by employees and applicants for
employment.
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