Family and Medical Leave Information


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About FMLA
In general, the Act entitles eligible employees to be absent for up to 12 workweeks per year for the birth or adoption of a child; to care for a spouse, son, daughter, or parent with a serious health condition; or when unable to work because of a serious health condition without loss of their job or health benefits. The FMLA does not provide more annual or sick leave than that which is already provided to Postal Service employees.

Remember, always consult with your union steward, supervisor, and/or postmaster for information and help concerning the use of Family Medical Leave.

To read information from the USPS ELM regarding FMLA leave follow the link below.

USPS ELM Regarding FMLA Leave
 

Information, materials, forms etc. regarding FMLA from: NALC and APWU
 
EMPLOYEE ELIGIBILITY from Department of Labor
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: (1) for the birth and care of the newborn child of the employee (2) for placement with the employee of a son or daughter for adoption or foster care (3) to care for an immediate family member (spouse, child, or parent) with a serious health condition (4) or to take medical leave when the employee is unable to work because of a serious health condition.

To be eligible for FMLA benefits, an employee must: (1) work for a covered employer; (2) have worked for the employer for a total of 12 months; (3) have worked at least 1,250 hours over the previous 12 months; and (4) work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.

 
JOB RESTORATION
Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.

In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy.

Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave during which health coverage was maintained. In order to do so, the employer must:

  • notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA leave
  • notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this decision
  • offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice
  • and make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration.

A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of the work site.

 
For more information regarding FMLA visit these links: Department of Labor and USPS ELM Regarding FMLA Leave
 
 

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  1997 to Date: Postal Employee Network