Medical Documentation
Recent issues that have been more prevalent in our area are local supervisors claiming or requesting that a Letter Carrier is required to submit medical documentation for any absence, even if it is only for one day. Managers in some offices are going far enough to mark carriers “Absent Without Official Leave” (AWOL) or “Leave Without Pay” (LWOP) any time they have an unscheduled absence and properly requested their earned paid sick leave. These managers are using this method as an inappropriate way to “punish” or “discipline” these employees by not paying them when they are out of work with an illness. While in some cases management has the right to request medical documentation, in most of the cases I am experiencing, management was not reasonable whatsoever, and they failed to show justification in their behavior. Their actions were inexcusable as they are purposely affecting someone’s paycheck in an attempt to get them to come to work every day no matter what, even when they are suffering from an illness.
When a Letter Carrier is suffering from an unexpected illness and they are unable to report to work on a regularly scheduled day, the supervisor may instruct the carrier to provide documentation to support the absence. For absences that are for three (3) days or less, a note from the carrier or a family member explaining you were too sick to work, and/or a receipt from the pharmacy when you obtained medication should be sufficient.
If the supervisor requires “medical documentation”, they are requesting a note from the doctor who deems you incapacitated from duty for the duration. A Letter Carrier is required to supply management with this type of medical documentation when they are absent for more than three (3) days. These contractual requirements are located in Article 10 of the JCAM and Section 513 of the ELM, as shown below.
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.
513.364 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.
If management fails to comply with any of the above contractual obligations, and/or you did not get paid after requesting paid sick leave, please reach out to your Shop Steward or your Full-Time Officer to investigate if a grievance needs to be filed. We must continue the fight against management when they inappropriately violate the contract, or else they will continue that same path of doing whatever they can get away with, with no accountability.
When management requires a carrier to supply medical documentation in violation of the above contractual language, a carrier should follow management’s instructions. Management does have the right to request documentation, in some cases, if a Letter Carrier is on a “Restricted Sick Leave” list, or if management “deems documentation desirable for the protection of the interests of the Postal Service” and can establish reasonable evidence to support their claims. If not, a grievance remedy would request a cease-and-desist order, plus the carrier to be compensated for any out-of-pocket expenses, including but not limited to, co-pays, mileage, and time spent obtaining the documentation. Any questions please contact us at the office.
I hope everyone had a great holiday season and new year. Stay safe throughout the cold months and I will see you all soon.
