FMLA
Family and Medical Leave Information
The Family and Medical Leave Act (FMLA) provides significant job protection to postal workers when time off is needed to attend to serious medical issues and certain family events. It is a significant step forward in creating a better balance between work and our personal lives. FMLA supports health, family stability, and job security, making it a critical worker protection law.
Eligible employees of the U.S. Postal Service are entitled to receive unpaid leave for qualified medical and family reasons. It allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, his or her parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.
FMLA Forms
Frequently Asked Questions
Employees who worked for the USPS for at least 12 months before the leave is taken and worked at least 1250 hours during that time are eligible for FMLA leave.
The same eligibility requirements apply to employees seeking qualifying exigency leave and/or military caregiver leave.
How Much Leave Can Be Taken?
Employees may use up to 12 work weeks in any leave year for FMLA or qualifying exigency leave.
How Can Leave Be Taken?
The leave can be taken in a single block of time or in multiple, smaller blocks of time if medically necessary. USPS cannot require employees to exhaust annual and sick leave before they request unpaid leave.
When Can FMLA Leave Be Taken?
You can take FMLA or the birth of a child or placement of a child with the employee through adoption or foster care. You are also entitled to FMLA for a serious health condition of yourself or your spouse, child or parent. Additionally, you can take FMLA to care for an ill or injured spouse, son, daughter, parent or next of kin who is a covered servicemember.
What Constitutes a ‘Serious Health Condition?’
“Serious health condition” means illness, injury, impairment, or physical or mental condition that involves any of the following:
- Pregnancy (includes prenatal medical appointments, incapacity due to morning sickness, and medically-required bed rest).
- Overnight stay in a hospital or other medical care facility.
- Chronic condition that requires treatment at least twice a year, continues over an extended period of time, and causes occasional periods of incapacitation.
- Period of incapacity that is permanent or long term due to a condition for which treatment may not be effective; a person must be under continuing supervision of a health care provider, but not necessarily under active treatment.
Job Protection for FMLA Leave
The USPS may assign employees who used intermittent leave or reduced work schedules different duties temporarily, in conformity with the CBA, but must pay them the same wages and benefits as before.
The USPS must return employees to the same job (or one nearly identical to it) at the end of their leave and must continue health insurance coverage while employees are on leave (but can require them to pay any normal employee contributions). The USPS cannot penalize employees for taking FMLA leave when making hiring, discipline or promotion decisions.
Procedure for Requesting FMLA Leave
Employees must give the USPS 30 days’ advance notice if you know you will need time in advance (pregnancy, surgery, etc.). If you can’t give 30 days’ notice, you must give as much notice as soon as possible. If the need for leave is unforeseeable, you must use the usual notice and call-in procedures unless you are unable to do so.
Documentation:
For qualifying exigency leave, the USPS has the right to require documentation of the need for leave. For FMLA leave, the USPS has the right to require certification of the medical condition. Employees must provide enough information so that the USPS can tell the leave may be covered by the FMLA. The ELM requires employees to submit Form 3971 and the medical provider to submit a form. Employees and their doctors are not required to complete any specific form BUT, per the ELM, the USPS automatically sends employees DOL forms in certain situations, such as emergency leave. You do not have to tell USPS your diagnosis, but you must provide information indicating that leave is required for an FMLA-protected condition. The USPS may require you to correct deficiencies in the certification; you have 7 days to do so (unless it is not practicable to do so using good faith and diligence).
Management’s Response to FMLA Leave Requests
The USPS must notify you within 5 business days of your request for leave whether it is approved. The notification must include a notice of your rights and responsibilities under the FMLA. The same notice and certification requirements apply to military caregiver leave. The USPS may require a second opinion from its own doctor. The USPS may require recertification of leave.
Returning from Leave
To return to work after your own incapacitation, you must provide certification from your doctor that you are able to perform essential functions of the job. The USPS must return you to the same position or an equivalent position. Equivalent pay, benefits, working conditions, such as schedule and location. Employees have no right to benefits or positions they would not have been entitled to absent the leave.
Find more in-depth information in our printable APWU Guide to the Family and Medical Leave Act
