Medical Documentation and Unscheduled Absences
Last month I wrote about FMLA and thought I would follow up regarding medical documentation and unscheduled absences. This is a popular issue as Letter Carriers become frustrated when they experience an illness that prevents them from reporting to work. There are many complications when it comes to illnesses and how Letter Carriers should evaluate the seriousness of their symptoms. The possibility of still catching the Covid-19 virus leaves people concerned if they are sick with the flu or should take time off from work to go get tested.
For over the past two years the Postal Service has had a Liberal Sick Leave Policy for illnesses related to COVID-19. If you had to request time off related to COVID whether going for a test, contracting the disease, or going for an injection this time should be recorded as a “scheduled absence” and should not be considered an “unscheduled absence”. It’s important that Carriers keep track of these dates they were absent in case Management lists them in any disciplinary action they issue. Recently Management has been issuing discipline for failure to be regular in attendance and in some cases, dates related to COVID-19 have been included. By the Carrier having good records this helps the Union to get the discipline rescinded. Memorandum of Understanding M-1914 addresses the liberal leave policy and states in part:
Managers and supervisors should also allow liberal sick leave usage for employees who are sick, and liberal annual leave and leave without pay (LWOP) usage to the extent operationally feasible during this time period. If an employee requests leave for reasons related to COVID-19, such leave should be treated as scheduled (as opposed to unscheduled) leave. Leave taken for COVID-19 related reasons between February 29, 2020, and May 17,2020, may not be cited in discipline for failing to maintain an assigned schedule under ELM 511.43
The above MOU has been updated repeatedly throughout these past two years and is still in effect until April 18, 2022 and may be extended past this date. Management conveniently forgets about this policy when issuing discipline. Letter Carriers are frustrated when they are unable to come to work for medical reasons yet in some cases, they are met with sarcasm or doubt about reporting an unscheduled absence.
When the Letter Carrier suffers from an unexpected illness that prevents him/ her from reporting to work on a regularly scheduled day, the supervisor can instruct the Carrier to provide documentation to support the absence. There are contractual regulations that limit what Management may require the Carrier to submit to support their illness when reporting an unscheduled absence. Many times, Carriers are surprised that Management has made the request and call Union Hall for advice on what to do. When I get these calls the first thing, I ask is “did the Manager request medical documentation or regular documentation?” All too often the Carrier responds they are not sure what the Manager meant about the type of documentation. If a Carrier is unsure about the type of documentation requested, they should contact their Manager and get clarification.
For absences three (3) days or less, a note from the Carrier or a loved one detailing the Carrier was too sick to work will usually satisfy Management’s request. If the Manager requests acceptable medical documentation, they are requiring the Carrier to get a doctor’s note for the absence. This is required when the Carrier is absent for more than 3 days. Sick Leave documentation requirements are found in the ELM Section 513 which would be covered under Article 19 of the National Agreement (NA) and states.
ELM Section 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.
513.364 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.
When Management is requiring a Carrier to submit medical documentation in violation of what is written above, a Carrier should follow the directives of the Managers and obtain and submit the required medical documentation, along with the P.S Form 3971 upon his/her return to work. A Carrier should also contact your Shop Steward, so an investigation can be conducted to determine if Management improperly required the Carrier to provide medical documentation. If the Steward has any questions, they can contact their Full Time Officer.
One of Management’s rights is they can request medical documentation to protect the Postal Service. For example, when a carrier puts in a request for annual leave that is then denied, and the Carrier calls in that he/she is unable to work that same day. In that instance, Management request for the documentation for the protection of the Postal Service would be acceptable. However, if that event did not occur and you informed Management the absence will be for less than three days and Management still requires medical documentation then in this instance, a grievance should be filed and a remedy for a Cease-and-Desist order. Also, payment for any out-of-pocket expenses incurred for obtaining the medical documentation from the doctor, possible travel expenses to and from the doctor’s office along with the time spent can be reimbursed. If this is a repeat violation further monetary compensation can be requested if Management continues to ignore any previous Cease and Desist instructions on the issue.
If Management fails to comply with any of the above requirements, then they are in violation of articles 10 and 19 of the NA and a grievance should be filed. Protect yourselves, know your rights and if you have any questions reach out to your Steward or Full Time Officer. With knowledge you gain power. Stay safe and I hope everyone is able to enjoy their Easter, Passover, Ramadan holidays and enjoy time with your families.
