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Shop Stewards Guide to FMLA

In order to qualify for FMLA benefits, an employee must have worked for the Post Office for at least 12 months, or if they’re part-timers, worked 1250 hours in the past 12 months. For FTR’s, the 12 months need not be consecutive and all leave including COP and OWCP counts towards the 12-month requirement. For PTF’s, the 1250 hours include overtime and any combination of hours worked during probation, as a casual, and as a TE. Leave will not count toward those hours for part-timers and the 1250 hours must have been worked in the 12 consecutive months prior to when the FMLA leave begins.

The four conditions that are covered under FMLA are;

1. Birth of son or daughter, and to care for the newborn.
2. Placing a child with an employee for adoption or foster care.
3. Serious health condition of an employee’s spouse, son, daughter, or parent which requires the employee’s care.
4. Serious health condition of the employee which renders him/her unable to work.

A serious health condition is any situation that involves inpatient care and subsequent incapacity and treatments. The incapacity must be for more than three calendar days and involve treatments or visits to a health care provider at least two times, or one treatment or visit which results in a regimen of continuing treatments under the supervision of the health care provider.

When an employee calls in requesting FMLA leave, he should be provided with a “Publication 71 and Form WH-380 (or Union Equivalent). It is not necessary, however, that the employee claim FMLA immediately. If an employee has been out on an absence not designated as FMLA, the employee must notify their supervisor within two business days that the leave was for a FMLA reason. The WH-380, and any other medical documentation, must be returned no later than 15 days from the FMLA request.

Supervisors are responsible for determining if an absence qualifies as FMLA, even if the employee didn’t mention FMLA, but mentioned a potentially qualifying condition. It is their job to secure any necessary information given to help them determine eligibility. They must mail the employee’s copy of the 3971 and a Pub. 71 to the employee’s address right away if their leave has already started and the employee can’t make it to work.

FMLA is not a separate leave category. The Postal Service and the Department of Labor have agreed with each other that normal leave policies will determine the type and amount of leave an employee can use. Employees will not be given a choice as to which leave they can use. If they’re out sick, they’ll have to use sick leave. If it’s a family member that’s sick, they’ll be required to use up to 80 hours of sick leave. If an employee exhausts his sick leave, the service will make him use annual leave. (The National is challenging the use of annual after using up sick leave)

Here are some other points to remember;

-If both husband and wife work for the service, each are entitled to 12 workweeks.
-Leave may be taken intermittently, or as a reduced work schedule as required by a serious health condition, or for bonding with a newborn.
-An employee should provide a 30-day notice, when possible, that they need FMLA leave.
-COP and OWCP count toward the 12 weeks (480hrs).
-If a supervisor knows the reason an employee was absent due to FMLA reasons and failed to note FMLA on the 3971, or fails to return the copy of the 3971 to the employee, and doesn’t notify him/her that the absence was designated FMLA in any other manner, i.e. verbally, phone, etc., the employee will be protected by FMLA and the time will not be charged against the 12 week entitlement.

Colds, Flu, Earaches, Upset Stomach, Minor Ulcers, Orthodontics, Routine Dental, Periodontal disease, Headaches (other than migraine), Face-lifts, Breast reduction or augmentation, DO NOT QUALIFY.

The preceding guideline gave enough information to help you answer basic questions that might come your way. For more detailed information, see the “Family and Medical Leave Act in the US Postal Service.” It is located in the “Reference” drawer in the “Art. 10; Leave.” folder.