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FMLA
The Family Medical Leave Act was signed into law on February 5, 1993 by President Bill Clinton. On August 5, 1993, this act became effective for postal workers. You have the right to use FMLA and should not be discourage to do so when necessary. Know your rights. The APWU has put together an informative, easy to understand booklet to help you become familiar with the provisions of this law as it applies to you, a postal worker. If you would like a copy of this booklet please see a steward or officer. Also, we have forms available for FMLA certification that are easier to fill out than those of the USPS, and are accepted by the USPS.
Qualifying Conditions
To be covered by these policies, you must have been employed by the Postal Service for a total of at least 1 year and must have worked a minimum of 1,250 hours during the 12-month period before the date your absence begins.
The Postal Service family and medical leave policies provide that employees meeting the eligibility requirements must be allowed to take time off for up to 12 workweeks in a leave year for the following conditions:
1. Because of the birth of a son or daughter (including prenatal care), or to care for such son or daughter. Entitlement for this condition expires 1 year after the birth.
2. Because of the placement of a son or daughter with you for adoption or foster care. Entitlement for this condition expires 1 year after the placement.
3. In order to care for your spouse, son, daughter, or parent who has a serious health condition. Also, in order to care for those who have a serious health condition and who stand in the position of a son or daughter to you or who stood in theposition of a parent to you when you were a child.
4. Because of a serious health condition that makes you unable to perform the functions of your position.
Eligibility
To be covered by these policies, you must have been employed by the Postal Service for a total of at least 1 year and must have worked a minimum of 1,250 hours during the 12-month period before the date your absence begins.
Type of Leave
Time off taken under these policies is counted toward the 12 workweeks allowed ty FMLA; however, this is not a seperate type of leave, but is charged to annual leave, sick leave, and/or LWOP in accordance with current leave policies.
Return to Duty
At the end of your leave, you will be returned to the same position you held when the absence began provided you are able to perform the functions of the position an would have held that position at the time you returned if you had not taken time off.
Employees cannot be removed, disiplined or placed on restricted sick leave as a result of approved use of FMLA leave.
Enforcement
If an employee believes his or her rights under the FMLA have been violated, the employee has the choice of:
1. filing a grievance under Article 19 of the National Agreement;
2. filing, or having another person file, on his or her behalf, a complaint with the Secretary of Labor;
3. filing a private lawsuit pursuant to Section 107 of the Act.
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Action taken against violations.
August 1, 2003- FMLA CLASS ACTION: Attorneys Barbara Edin, working with co-counsel Elwyn Schaefer and Todd McNamara have a class action certified against the USPS in the Western District for qualified individuals with disabilities when it (1) unreasonably required re-certification of FMLA requests; (2) unreasonably delayed and/or denied FMLA requests or stated they were "not currently approved;" (3) systemically required second and third opinions to support the FMLA requests; and (4) designated disability-related absences as AWOL and/or disciplined employees for disability-related absences when FMLA was disapproved. The Attorneys believe this case will go national. Click on link for more information 8/1
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