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Resources

ELM Chapter 5 - Employee Benefits 510 - Leave (pdf) (USPS)
Recrediting Sick Leave Upon Reemployment

Privacy

safeguarding SSN, medical files

Family Medical Leave Act Court Cases
Injured at work

Approved FMLA Leave Inappropriate Subject for Official Discussion

(APWU Arbitration)

Employer May Be Sued for Disclosing FMLA-Request Contents-An employee may sue his employer if the contents of his medical certification under the Family and Medical Leave Act (FMLA) are disclosed to his coworkers, a federal appeals court ruled Feb. 7.
Attendance Control and FMLA -Questions and Answers (from APWU Denver Metro Area Local)
OSHA Requirements When a Worker Experiences a Job-Related Injury or Illness
Light Duty v. Reasonable Accommodation

Commentary

EEOC: USPS discriminated against diabetic -In a ruling which deals a major blow to the Postal Service's attendance terror policy, the Equal Employment Opportunity Commission found in favor of a Postal Service truck driver- By Dan Sullivan, Southwest Michigan Area Local
Court Rules in 2001 Postal Employee Can Sue Under FMLA
Attendance Crackdown Underway --demands for documentation rise as management cracks the whip -By Dan Sullivan, Southwest Michigan Area Local
Heart attack follows postal attendance terrorism-By Dan Sullivan, Southwest Michigan Area Local

Sick Leave General Information

Summary: Sick leave is provided to employees for paid time off from regularly scheduled work hours due to illness, injury, pregnancy, and medical examinations and treatment  (including dental and optical). Sick leave is accrued and credited at the end of each bi-weekly pay period in which it is earned.


Category Sick Leave Time Accrued
Full-Time Employees 4 hours for each full biweekly pay period: 104 hours (13 days per yr.)
Part-Time Employees 1 hour for each unit of 20 hours in pay status up to 104 hours (13 days per yr.)
Authorizing Sick Leave Form 3971,Req. for Notification of Absence Restricted Sick Leave
Conditions for Authorization Sick Leave Documentation Requirements Charging Sick Leave
Requests for Sick Leave Family Medical Leave Act Return to Duty
ELM Revision: Sick Leave for Dependent Care
Effective October 27, 2005, Employee and Labor Relations Manual (ELM) 513.1, Purpose, and 513.32, Conditions for Authorization, are revised to differentiate sick leave taken for employee incapacitation from sick leave taken for dependent care, and then to clarify that leave taken for care of a qualifying family member, after a maximum of 80 hours of sick leave, will be charged to annual leave, or to leave without pay, at the employee's option.

513.12 Sick Leave for Dependent Care

A limited amount of sick leave may also be used to provide for the medical needs of a family member. Nonbargaining unit employees, and bargaining unit employees if provided in their national agreements, are allowed to take up to 80 hours of their accrued sick leave per leave year to give care or otherwise attend to a family member (as defined in 515.2) with an illness, injury, or other condition that, if an employee had such a condition, would justify the use of sick leave. If leave for dependent care is approved, but the employee has already used the maximum 80 hours of sick leave allowable, the difference is charged to annual leave or to LWOP at the employee's option. (See 515 for information about FMLA entitlement to be absent from work.)

Sick Leave for Dependent Care vs Family Medical Leave Act

An employee's  child is ill and needs care, may an employee call in to care for him/her? What kinds of leave can an employee's request ? It has been a  misunderstanding on this issue of Sick Leave vs the Family Medical Leave Act. If an employee or an employee's dependent require medical treatment, and will be incapacitated for three consecutive days or more --an employee is eligible for FMLA. If the employee's dependent has a condition that would prevent him/her from working as if the employee had the condition -- an employee can use Sick Leave for Dependent Care. Employees may use up to 80 hours of Sick leave for Dependent Care, and 12 weeks of FMLA each calendar year. Employees should not be required to provide medical documentation for sick leave for dependent care unless he/she has been placed on restricted sick leave or has used leave for three or more consecutive days

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

UNITED STATES POSTAL SERVICE

AND THE

AMERICAN POSTAL WORKERS UNION, AFL-CIO

Re: Sick Leave for Dependent Care

The parties agree that, during the term of the 2000 (note: extended through 2005) National Agreement, sick leave may be used by an employee to give care or otherwise attend to a family member having an illness, injury or other condition which, if an employee had such condition, would justify the use of sick leave by that employee. Family members shall include son or daughter, parent and spouse as defined in ELM Section 515.2. Up to 80 hours of sick leave may be used for dependent care in any leave year. Approval of sick leave for dependent care will be subject to normal procedures for leave approval.

(PostalReporter.com note: the above MOU also applies  to carriers and mail handlers)

Excerpt  from Employee and Labor Relations Manual (ELM)
Issue 17.6. - April 15, 2004

 

513 Sick Leave
513.1 Purpose
Sick leave insures employees against loss of pay if they are incapacitated for the performance of duties because of illness, injury, pregnancy and confinement, and medical (including dental or optical) examination or
treatment. A limited amount may also be used to provide for the medical needs of a family member. Nonbargaining unit employees, and bargaining unit employees if provided in their national agreements, are allowed to take up to 80 hours of their accrued sick leave per leave year to give care or otherwise attend to a family member (as defined in 515.2) with an illness, injury, or other condition that, if an employee had such a condition, would justify the use of sick leave. (See 515 for information about FMLA entitlement to be absent from work.)

 

513.5 Advanced Sick Leave
513.51 Policy
513.511 May Not Exceed Thirty Days
Sick leave not to exceed 30 days (240 hours) may be advanced in cases of an employee’s serious disability or illness if there is reason to believe the employee will return to duty. Sick leave may be advanced whether or not the
employee has an annual leave or donated leave balance.
513.512 Medical Document Required
Every request for advanced sick leave must be supported by medical documentation of the illness.

 

513.522 Forms Forwarded
PS Form 1221, Advanced Sick Leave Authorization, is completed and
forwarded to the Eagan ASC when advanced sick leave is authorized.

 

513.6 Leave Charge Adjustments
513.61 Insufficient Sick Leave
If sick leave is approved but the employee does not have sufficient sick leave to cover the absence, the difference is charged to annual leave or to LWOP at the employee’s option. (emphasis added by PostalReporter.com)
513.62 Insufficient Sick and Annual Leave
If sick leave is approved for employees who have no annual or sick leave to their credit, the absence may be charged as LWOP unless sick leave is advanced as outlined in 513.5. LWOP so charged cannot thereafter be converted to sick or annual leave.
 

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513.33 Requests for Sick Leave

513.331 General

 

Except for unexpected illness or injury situations, sick leave must be requested on Form 3971 and approved in advance by the appropriate supervisor.

 

513.332

Employee Benefits

Leave

ELM 16.1 Contents Summary of Updates

513.332 Unexpected Illness or Injury

An exception to the advance approval requirement is made for unexpected illness or injuries; however, in these situations the employee must notify appropriate postal authorities of their illness or injury and expected duration of absence as soon as possible. When sufficient information is provided to the supervisor to determine that the absence is to be covered by FMLA, the supervisor completes Form 3971 and mails it to the employee’s address of record along with a Publication 71.

When the supervisor is not provided enough information in advance to determine whether or not the absence is covered by FMLA, the employee must submit a request for sick leave on Form 3971 and applicable medical or other certification upon returning to duty and explain the reason for the emergency to his or her supervisor. Employees may be required to submit acceptable evidence of incapacity to work as outlined in the provisions of 513.36, Documentation Requirements , or noted on the reverse of Form 3971 or Publication 71, as applicable.

 

The supervisor approves or disapproves the leave request. When the request is disapproved, the absence may be recorded as annual leave or, if appropriate, as LWOP or AWOL, at the discretion of the supervisor as outlined in 513.342.


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513.34 Form 3971, Request for or Notification of Absence

 

513.341 General

Request for sick leave is made in writing, in duplicate, on Form 3971, Request for or Notification of Absence. If the absence is to care for a family member, this fact is to be noted in the Remarks section.

 

513.342 Approval or Disapproval

The supervisor is responsible for approving or disapproving requests for sick leave by signing Form 3971, a copy of which is given to the employee. If a supervisor does not approve a request for leave as submitted, the

Disapproved block on the Form 3971 is checked and the reason(s) given, in writing, in the space provided. When a request is disapproved, the granting of any alternate type of leave, if any, must be noted along with the reason for the disapproval. AWOL determinations must be similarly noted.


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513.36 Sick Leave Documentation Requirements

 

513.361 Three Days or Less

For periods of absence of 3 days or less, supervisors may accept the employee’s statement explaining the absence. Medical documentation or other acceptable evidence of incapacity for work or need to care for a family member is required only when the employee is on restricted sick leave (see 513.39) or when the supervisor deems documentation desirable for the protection of the interests of the Postal Service. Substantiation of the family relationship must be provided if requested.

 

513.362 Over Three Days

For absences in excess of 3 days, employees are required to submit medical documentation or other acceptable evidence of incapacity for work or of need to care for a family member and, if requested, substantiation of the family relationship.

 

513.363 Extended Periods

Employees who are on sick leave for extended periods are required to submit at appropriate intervals, but not more frequently than once every 30 days, satisfactory evidence of continued incapacity for work or need to care for a family member unless some responsible supervisor has knowledge of the employee’s continuing situation.

 

513.364 Medical Documentation or Other Acceptable Evidence

When employees are required to submit medical documentation, such documentation should be furnished by the employee’s attending physician or other attending practitioner who is performing within the scope of his or her practice. The documentation should provide an explanation of the nature of the employee’s illness or injury sufficient to indicate to management that the employee was (or will be) unable to perform his or her normal duties for the period of absence. Normally, medical statements such as "under my care" or "received treatment" are not acceptable evidence of incapacitation to perform duties. Supervisors may accept substantiation other than medical documentation if they believe it supports approval of the sick leave request.

 

513.365 Failure to Furnish Required Documentation

If acceptable substantiation of incapacitation is not furnished, the absence may be charged to annual leave, LWOP, or AWOL.


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513.37 Return to Duty

An employee returning from an FMLA-covered absence because of his or her own incapacitation must provide documentation from his or her health care provider that he or she is able to perform the functions of the position with or without limitation. Limitations described are accommodated when practical. Bargaining unit employees must also comply with requirements in 865.


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513.39 Restricted Sick Leave

513.391 Reasons for Restriction

Supervisors or installation heads who have evidence indicating that an employee is abusing sick leave privileges may place the employee on the restricted sick leave list. In addition, employees may be placed on the restricted sick leave list after their sick leave use has been reviewed on an individual basis and the following actions have been taken:

 

a. Establishment of an absence file.

 

b. Review of the absence file by the immediate supervisor and higher levels of management.

 

c. Review of the absences during the past quarter of LWOP and sick leave used by employees. (No minimum sick leave balance is established below which the employee’s sick leave record is automatically considered unsatisfactory.)

 

d. Supervisor’s discussion of absence record with the employee.

 

e. Review of the subsequent quarterly absences. If the absence logs indicate no improvement, the supervisor is to discuss the matter with the employee to include advice that if there is no improvement during the next quarter, the employee will be placed on restricted sick leave.

 

513.392 Notice and Listing

Supervisors provide written notice to employees that their names have been added to the restricted sick leave listing. The notice also explains that, until further notice, the employees must support all requests for sick leave by medical documentation or other acceptable evidence (see 513.364).

 

513.393 Rescission of Restriction

Supervisors review the employee’s Form 3972, Absence Analysis, for each quarter. If there has been a substantial decrease in absences charged to sickness, the employee’s name is removed from the restricted sick leave list and the employee is notified in writing of the removal.

Other Benefits

Annual Leave

Unemployment

Books

The FMLA Handbook: A Union Guide to the Family and Medical Leave Act by Robert M. Schwartz

The FMLA: Understanding The Family And

Medical Leave Act-Will Aitchison 2003

Handbooks/

Manuals/Publications

Pub 71 Notice for Employees Requesting FMLA Leave. PDF (2/01)
Employee and Labor Relations Manual (ELM) Issue 17.1- 04/2004 (USPS)
ELM Section 355 Light Duty Assignments

 Forms

PS 3971-Request for Leave
Light Duty Request Form

News Articles

Study: Workers should stay home when sick-American workers should stop trying to be heroes and just stay home when they're sick — it could be cheaper for their employers, according to a study. Workers who come in sick cost their employers an average of $255 each per year. Sick employees have difficulty concentrating, work more slowly and have to repeat tasks, bogging down productivity, according to the study. (They also get their co-workers sick, but those costs were not counted in the study.) (4/24/04)
Postal Service rolls out new pay system-TACS replaces five antiquated timekeeping systems Federal Computer Week (9/2/03)
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