FMLA

The Family and Medical Leave Act took effect in 1993 to help balance workplace demands with the medical needs of employees and their families. The biggest benefit for any carrier that needs to take leave for conditions covered under the FMLA is that the time taken off under FMLA may not be used against a carrier in discipline.  Letter Carrier who is eligible is entitled to take up to 12 weeks of leave (Paid or Unpaid) for the following reasons:

·        Leave for the employee’s own serious health condition.

·        Leave to care for a family member with a serious health condition. Leave is also available to take care of a family member whose health condition qualifies under the FMLA, but an employee may take time off to care for only a parent, spouse, or child under this provision. Other family members aren’t covered.

·        Parental bonding leave. Employees may take time off to be with a new child, during the first year after the child is born or placed for adoption or foster care.

·        Qualifying exigency leave. If an employee’s family member is called or deployed to active military duty, the employee may take FMLA leave to handle certain issues arising from that service.

·        Military caregiver leave. An employee with a family member who suffers or exacerbates a service-related illness or injury may take FMLA leave to provide care. More family members are covered under this provision, and employees may be entitled to more time off.

To be eligible under FMLA a Letter Carrier must have worked for the Postal Service for at least 12 months prior to requesting the leave. And they must also have worked at least 1,250 hours in those 12 months.

Under the FMLA, a serious health condition is an illness, injury, impairment or physical or mental condition that involves inpatient care (defined as an overnight stay in a hospital, hospice or residential medical care facility; any overnight admission to such facilities is an automatic trigger for FMLA eligibility) or continuing treatment by a health care provider. Examples include the following:

Continuing treatment by a health care provider that results in an incapacity (inability to work) of more than three consecutive calendar days with either two or more in-person visits to the health care provider within 30 days of the date of incapacity OR one in-person visit to the health care provider with a regimen of continuing treatment, such as prescription medication, physical therapy, etc. In either situation, the first visit to the health care provider must occur within seven days of the first date of incapacity. Examples include pneumonia, surgery or broken/fractured bones.

·       Chronic conditions that require periodic visits to a health care provider, continue over an extended period of time and may cause episodic rather than continuing periods of incapacity of more than three days. Examples of chronic conditions include asthma, diabetes and epilepsy.

·       Incapacity for pregnancy or prenatal care (any such incapacity is FMLA-protected regardless of the period of incapacity). For example, a pregnant employee may be unable to report to work due to severe morning sickness.

·       Permanent or long-term conditions such as Alzheimer’s, severe stroke or terminal disease.

·       Conditions requiring multiple treatments and recovery from treatments, such as cancer, severe arthritis and kidney disease.

·       Treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider.

Leave due to the birth, adoption or placement for foster care of a child does not require medical necessity or any period of incapacity. FMLA leave is available for bonding with the baby/child. Letter Carrier’s may take FMLA leave for themselves or to care for their parent, spouse, son or daughter whose medical condition meets the above criteria. The FMLA regulations specifically exclude the following conditions, unless inpatient care or complications develop that would meet the above criteria: cosmetic treatments, common colds, flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, and periodontal disease.

If there is any chance that a medical condition might meet the definition of a serious health condition under the FMLA, it is important to use notification and certification forms and let the health care provider make the determination whether a serious health condition exists.

The best way to obtain FMLA Forms is to go on the NALC Web Site (www.NALC.org.) click onto the box under Workplace Issue and then click onto the Sub section under Family Medical Leave Act.  Once on the FMLA page on the NALC web site you may then click onto the one of the NALC FMLA Forms (listed below) for the appropriate forms pertaining to your FMLA related condition.

• NALC Form 1: Medical Certification-Employee's Own Serious Health Condition

• NALC Form 2: Medical Certification-Family Member's Serious Health Condition

• NALC Form 3: Certification of Qualifying Exigency for Military Family Leave

• NALC Form 4: Certification for Serious Injury or Illness of Current Covered Servicemember for Military Caregiver Leave

• NALC Form 5: Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave

• NALC Form 6: Employee's Notification of New Child in the Family

The FMLA Forms when completed by your health care provider should immediately be submitted to the FMLA Administration Human Recourses Share Service Center (HRSSC). It is not necessary to submit the FMLA Forms to your supervisor but as always when absent complete PS Form 3971 and obtain the completed copy back from your supervisor.  The address for the HRSSC to which the carriers in the Triboro and Long Island Districts must submit the FMLA Forms is as follows.

HRSSC FMLA NORTHEAST

P O Box 970901

Greensboro NC 27497-0901

To contact the HRSSC dial 1-877-477-3273 then select 6. The FAX number is 651-456-6062. Remember when you send any information to HRSSC including FMLA Forms please make sure you obtain some sought of conformation back that the information you sent was actually received by HRSSC and of course save for your records.   

At this time I would like to wish all my Brother and Sister Letter Carriers and their families a Happy and Healthy New Year.