1. Q. What is the
Family and Medical Leave Act of 1993?
A. In general, the Act
entitles eligible employees to be absent for up to 12 workweeks per
year for the birth or adoption of a child; to care for a spouse,
son, daughter, or parent with a serious health condition; or when
unable to work because of a serious health condition without loss of
their job or health benefits. The FMLA does not provide more annual
or sick leave than that which is already provided to Postal Service
employees.
Source: 825.100
2. Q. Which employees are eligible?
A. Employees who have been
employed by the Postal Service for at least one year and who have
worked at least 1250 hours during the previous 12 months are
eligible.
Source: 825.110, ELM 444.22
3. Q. I have been a
transitional employee for nine months. Am I an eligible employee
under the FMLA?
A. No, because you have not
worked for the Postal Service for one year. Any employee, including
a TE, who has worked for the Postal Service for an accumulated total
of one year and has worked a total of 1250 workhours during the
previous 12 months is an eligible employee under the FMLA.
Source: 825.110 (b)
4. Q. I am absent on
protected leave under the Family and Medical Leave Act, and my
transitional employee appointment term expires next week. How will
that affect me?
A. The Family and Medical
Leave Act does not affect the terms of your appointment.
Source: 825.216 (b)
5. Q. Do COP, OWCP,
military leave and court leave count toward eligibility requirements
under the FMLA?
A. COP, OWCP, court leave, and
short periods of military leave count toward the 12-month
eligibility requirement. However, none of the times mentioned count
toward the 1250 hours worked eligibility requirement.
Source: 825.110, ELM 444.22
6. Q. If both spouses
work for the Postal Service, does the USPS let both take up to 12
workweeks each of protected absences under FMLA each leave year?
A. Yes.
Source: ELM 515.43
7. Q. Can an employee
who is separated or divorced take a protected absence under the FMLA
to care for a spouse or ex-spouse with a serious health condition?
A. For an employee to take
such leave, the couple must be legally married.
Source: 825.113
8. Q. My mother-in-law
who lives with me is ill and requires my care. Does management have
to approve my leave as a covered condition?
A. No, the FMLA only provides
protected absences for covered conditions of a spouse, parent, son
or daughter. Leave taken to care for anyone else would require
approval under normal leave policies.
Source: 825.112
9. Q. My knee problem
was diagnosed during an appointment with a health care provider. He
ordered three months of physical therapy treatments. Are the visits
and the treatments protected by the FMLA?
A. Yes, where properly
documented as a serious health condition, the absence would qualify
for FMLA protection since it involves a continuing treatment under
the supervision of a health care provider. The health care provider
is stating that lack of treatment would likely result in a period of
incapacity of more than three days. Employees needing intermittent
FMLA leave or leave on a reduced leave schedule must attempt
to schedule their leave so as not to disrupt the employer's
operations.
Source: 825.114 (a)(2)(v), 825.117
10. Q. My wife's
doctor said she needs almost total bed rest for the last two months
of her pregnancy, and I need to stay home to care for our other
children. Is this condition covered under the FMLA?
A. FMLA does not cover
babysitting for the other children. However, where properly
documented that the husband is needed to care for her, the wife's
serious health condition would entitle the husband to a FMLA
protected absence.
Source: 825.116
11. Q. If I use a
midwife for both my prenatal care and the delivery of my child,
would my pregnancy still be a condition covered under the FMLA?
A. Yes, pregnancy is a covered
condition under the FMLA. Midwives are considered health care
providers if they are authorized to practice under State law and are
performing within the scope of their practice as defined under State
law.
Source: 825.118 (b)(2), 825.118 (c)
12. Q. An employee had
a baby and took 6 weeks of leave during a period when she was not
eligible under the FMLA. Now she is eligible, and the baby is still
less than a year old. Can she now take the 12 workweeks of protected
absences under the FMLA?
A. Yes, only the time taken
when eligible under the FMLA counts toward the 12 workweeks.
Source: 825.112
13. Q. Is an employee
entitled to 12 workweeks of protected absences under the FMLA for
placement or care of an adopted or foster child?
A. Yes.
Source: 825.112, 825.200, 825.201
14. Q. I took a week
of protected leave under the FMLA to care for my baby who was born 2
months ago. Now I want to take the week of July 4th off to be with
my baby. Since caring for my newborn is a condition covered under
the FMLA, does my supervisor have to let me off for the week of July
4th?
A. Not necessarily. You are
requesting time off for the birth and care of a child on an
intermittent basis. Therefore, your request for the week of July 4th
is subject to your supervisor's approval in accordance with current
leave polices.
Source: 825.203
15. Q. Can an employee
take protected leave under the FMLA to look for child care?
A. No. Of course, a supervisor
can approve regular annual leave for such a purpose.
Source: 825.112
16. Q. An employee has
a recurrent degenerative knee condition that qualifies as a serious
health condition. The certification indicates his condition may
"flare" up 1 to 2 days per month and render him
incapacitated for duty. Consequently, the employee requests covered
absences under the FMLA with little or no advance notice. Does this
meet the criteria or intent of the intermittent leave entitlement
under the FMLA?
A. Intermittent absences due
to a chronic condition which incapacitates an employee are covered
by the FMLA. See attached Documentation Example #4.
Source: 825.114, 825.117, 825.203, 825.204
17. Q. Is treatment for substance
abuse covered under the FMLA?
A. Yes, if certified by the
health care provider as a serious health condition. Absence because
of the employee's use of the substance, rather than for treatment,
does not qualify as a covered condition under the FMLA.
Source: 825.114 (d), 825.112 (g)
18. Q. Can the flu be
considered a serious health condition under the FMLA?
A. Yes, if it complies with the definition of
a serious health c
ondition under the FMLA.
Source: 825.114 (c)
19. Q. If my child is
sick, can I now take sick leave to care for him?
A. Yes, under the National
Agreement-Memorandum of Understanding on Sick Leave for Dependent
Care, employees may use up to 80 hours of their earned sick leave to
care for a spouse, parent, son or daughter. Sick leave for Dependent
Care is only protected under the FMLA when the illness qualifies as
a serious health condition under the FMLA.
Source: National Agreement-Memorandum of
Understanding, ELM 515.2
SECTION 3 - HOW AN ABSENCE IS COVERED
20. Q. How do I apply for leave under
the FMLA?
A. Submit a form PS 3971, Request
for or Notification of Absence, with the supporting
documentation. Leave under the FMLA is not a separate category or
type of leave. You may request annual leave, sick leave or LWOP for
your absence under the FMLA. Just as in the past, in an emergency
situation a phone call, telegram, etc. will suffice until it is
possible for you to submit the necessary paperwork.
Source: 825.302, 825.303, ELM 510
21. Q. Do I have to
mention the Family Medical Leave Act when I request time off for a
covered condition?
A. No. However, an employee
must explain the reasons for the absence and give enough information
to allow the employer to determine that the leave qualifies for FMLA
protection. If the employee fails to explain the reasons, the leave
may not be protected under the FMLA.
Source: 825.208, 825.302, 825.303
22. Q. Do I have to
use all of my annual leave balance before I can take LWOP for a
condition covered under the FMLA?
A. No, you need not exhaust
annual leave and/or sick leave before requesting leave without pay.
The use of leave, paid or unpaid, is subject to management's
approval consistent with the handbooks, manuals, the National
Agreement and the FMLA.
Source: 825.207, ELM, NATIONAL AGREEMENT
Q. Can I take more
than 12 workweeks of leave during a Postal leave year?
A. Twelve workweeks is the
maximum amount of protected leave which must be granted for the
covered conditions under the FMLA. After being off for 12 workweeks,
you may request leave under current leave policies, but that time
would not be protected under the FMLA. Approval will be subject to
the terms and conditions of current policies.
Source: 825.200, ELM 510
24. Q. Do the 12
workweeks of FMLA protected leave have to be continuous?
A. No, the leave may be taken
intermittently or on a reduced schedule basis as long as taking it
in that manner is medically necessary. When leave is taken because
of the birth or placement of a child for adoption or foster care, an
employee may take leave intermittently or on a reduced leave
schedule only if the supervisor agrees.
Source: 825.203, 825.204
25. Q. How will I know
if the requested leave counts as part of the 12 workweek entitlement
under the Family and Medical Leave Act?
A. The supervisor should provide you a copy of
the Form 3971. If the leave is approved as
one of the covered conditions, the approving official will check the
"Approved, FMLA" block on the Form 3971.
Source: 825.301, ELM 515
26. Q. If the employee
does not request FMLA protection for an absence that meets the
definition of a covered condition under the FMLA, must the
supervisor designate the absence as FMLA protected leave?
A. Yes, if the employee
provides sufficient information for the supervisor to be able to
designate it as FMLA protected leave.
Source: 825.208
27. Q. If an employee
is absent on sick leave and, while absent is diagnosed as having a
serious health condition, will his entire absence be protected under
the FMLA?
A. Yes, if the employee
provides the supervisor with the necessary information about the
serious health condition within two days of returning to work.
Source: 825.208 (d) & (e)
28. Q. Is the
employer's approval required for an employee to use intermittent
leave or work a reduced schedule if the employee, spouse, child or
parent has a serious health condition?
A. The absence must be allowed
provided proper medical certification and notice is provided.
However, in foreseeable cases, the employee must attempt to schedule
the absences so as not to disrupt the employer's operation. The
employee may be assigned to an alternative position with equivalent
pay and benefits that better accommodates the intermittent or
reduced leave schedule, in accordance with National Agreement.
Source: 825.203, 825.204
29. Q. If an employee
requests leave for a condition covered under the FMLA, what
information should the supervisor provide to the employee?
A. A supervisor should provide
the following information:
-
Whether the employee is
eligible or when he will be eligible.
-
Whether the leave will
designated as FMLA protected.
-
A copy of PS Form 3971
stating the type of leave and whether the approval is pending
documentation.
-
Publication 71 where
applicable. Publication 71 includes the consequences for not
providing the requested documentation and what information must
be provided for return to duty, if any.
Source: 825.301
30. Q. What
certification is required for employees requesting leave protected
under the FMLA because of the birth or placement of a son or
daughter, and in order to care for such son or daughter after birth
or placement?
A. That the employee is the
parent and the date of birth or placement of this son or daughter.
No medical certification is required.
Source: 825.113 (d)
31. Q. Is
recertification required for each absence when a health care
provider has certified that the employee is receiving continuing
treatment?
A. Excluding pregnancy,
chronic conditions, and permanent/long-term conditions,
recertification is not required for the duration of treatment or
period of incapacity specified by the health care provider, unless:
a) the employee requests an
extension of leave
b) circumstances have changed
significantly from the original request
c) the employer receives
information that casts doubt upon the continuing validity of the
certification
d) the absence is for a
different condition or reason.
Source: 825.308
32. Q. What can an
employer do if he or she questions the adequacy of medical
certification that includes all the required information?
A. With the employee's
permission, a health care provider representing the Postal Service
may contact the employee's health care provider to clarify the
medical certification. Also, the Postal Service may require the
employee to obtain a second opinion at the employer's expense.
Source: 826.307
33. Q. Is advance
notice required for employees' use of protected leave under FMLA?
A. An employee must provide
the Postal Service at least 30 days advance notice if the need for
the leave is foreseeable. When the need for leave is not
foreseeable, an employee should give notice to the Postal Service as
soon as practicable by telephone, fax or other electronic means.
Source: 825.302, 825.303
34. Q. Can a
supervisor have a blanket policy that requires recertification every
30 days for all employees requesting FMLA protection for absences
related to pregnancy, chronic conditions, and permanent/long-term
conditions?
A. No. On a case by case
basis, the supervisor may require recertification of such conditions
on a reasonable basis, but not more often than every 30 days and
only in connection with an absence related to the condition. The
supervisor may require recertification in less than 30 days when:
- circumstances in the
previous certification have changed.
- the supervisor receives
information that casts doubt upon the employee's stated reason for
the absence.
Source: 825.308 (a)
