The issue in this National Level Arbitration was that on July 6, 2010 the Postal Service sent an Article 19 notice to its unions informing them that it intended to revise certain regulations in Section 510 of the Employee and Labor Relations Manual (ELM) concerning the Family and Medical Leave Act of 1993 (FMLA), as amended. Among those revisions was a new requirement in ELM 515.52 that employees use only the Department of Labor (DOL) WH-380 forms when they seek to have their absences protected by the FMLA.
Award Summary: Arbitrator Das ruled that the JCIM made clear that documentation to substantiate FMLA is acceptable in any format, including a form created by the Union, as long as it provides the information required by the FMLA. Under the preamble to the JCIM and the parties' MOU, the provisions of the JCIM are binding on both parties. Significantly, there had been no change in the FMLA or the related DOL regulations that would necessitate mandatory use of the WH-380. On the contrary, under current DOL regulations, use of the WH-380 by an employer was optional. Accordingly, the Postal Service was directed to cease and desist from requiring employees to submit FMLA medical certifications using only the WH-380 forms.
Document Type: National Arbitration
APWU National Grievance Number: Q06C4QC11001666, Q06C4QC11008239
Arbitrator Name: Shyam Das