FMLA TRAINING PRESENTED BY

1
FMLA TRAINING
PRESENTED BY

• STEVE ALBANESE
• ASSISTANT DIRECTOR LEGISLATION
• AMERICAN POSTAL WORKERS UNION, AFL-CIO
• Updated February 7, 2005

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THE BASICS

• 1 YEAR OF EMPLOYMENT (825.110)
• 1250 WORK HOURS IN PRIOR 12 MONTHS (825.110)
• SERIOUS HEALTH CONDITION (825.114)
• LWOP OPTION OF EMPLOYEE
• (step 4 Q90-4QC95048663) (Pg. 110-111 CBR)
• 12 WEEKS PER LEAVE YEAR (825.200)
• SON, DAUGHTER, PARENT OR SPOUSE (825.113)
• PUBLICATION 71 (825.301)
• PROHIBITION AGAINST DISCIPLINE (825.220)

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EMPLOYEE RESPONSIBILITIES

• INFORM SUPERVISOR WITHIN 2 BUSINESS DAYS
  (825.303)
• ADVANCE NOTIFICATION WHEN POSSIBLE (825.302)
• PROVIDE DOCUMENTATION WHEN REQUIRED (825.305)
• PARTICPATE IN 2ND OR 3RD DOCTOR EVALUALTION WHEN
  REQUIRED (825.307)

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SUPERVISOR REPONSIBILITIES

• DETERMINE ELIGIBILITY (825.110)
• DESIGNATE THE ABSENCE AS FMLA (825.208)
• DOCUMENTATION REQUIREMENTS (825.305 306)
• PROVIDE NOTIFICATION TO EMPLOYEE IN 2 BUSINESS
  DAYS (825.208 301) IF ORAL FOLLOWED IN WRITING
  BY NEXT PAYDAY
• PROTECT RECORDS (825.500)
• 3971 (825.301)
• PUBLICATION 71 (825.301)

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SERIOUS HEALTH CONDITIONS
(825.114)

• OVERNIGHT HOSPITAL STAY
• ABSENCE OF MORE THAN THREE DAYS PLUS TREATMENT
• PREGNANCY
• CHRONIC CONDITIONS REQUIRING TREATMENTS
• PERMANENT LONG TERM CONDITIONS REQUIRING
  SUPERVISION
• MULTIPLE TREATMENTS (NON CHRONIC)

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Hospital Stay

• Inpatient care (i.e.. Overnight stay) in a
  hospital, hospice or residential medical care
  facility
• This includes any period of incapacitation or any
  subsequent treatment in connection with such
  inpatient care

7
Absence Plus Treatment

• A period of incapacity of more than three
  consecutive days that also involves
• Treatment two or more times by a health care
  provider
• Treatment ONCE by a Health care provider which
  results in a regimen of treatment under his
  supervision e.g. Therapy, prescribed medication
  or follow up exams

8
PREGNANCY

• ANY PERIOD OF INCAPACITATION RELATING TO
  PREGNANCY OR PRENATAL CARE

9
CHRONIC CONDITIONS REQUIRING
TREATMENT

• REQUIRES PERIODIC VISITS FOR TREATMENT
• CONTINUES OVER AN EXTENDED PERIOD OF TIME
• MAY CAUSE EPISODIC PERIOD OF INCAPACITY
• e.g. ASTHMA. DIABETES, EPILEPSY

10
PERMANENT LONG TERM CONDITIONS

• A CONDITION FOR WHICH TREATMENT MAY NOT BE
  EFFECTIVE
• EMPLOYEE OR FAMILY MEMBER MUST BE UNDER
  CONTINUING MEDICAL SUPERVISION BUT NEED NOT BE
  RECEIVING ACTIVE TREATMENT
• e.g. ALZHEIMERS, SEVERE STROKE OR FINAL STAGES OF
  A TERMINAL CONDITION

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MULTIPLE TREATMENTS NON-CHRONIC

• MUTIPLE TREATMENTS BY, OR UNDER THE SUPERVISION
  OF A HEALTH CARE PROVIDER
• PHYSICAL THERAPY FOLLOWING AN ACCIDENT, INJURY OR
  ILLNESS
• CHEMOTHERAPY OR RADIATION
• TREATMENTS FOR A CONDITION THAT COULD LEAD TO
  ABSENCES OF THREE OR MORE DAYS IN THE ABSENCE OF
  SUCH MEDICAL INTERVENTION
• e.g. KIDNEY DIALYSIS

12
NEW DEVELOPMENTS

• MAKE WHOLE AWARDS-WORK HOUR CREDITS ARE RESTORED
  IF THE DISCIPLINARY ACTION IS REVERSED AND THOSE
  HOURS WILL NOW COUNT TOWARD THE 1250 REQUIREMENT
  (step 4
  J94c-1L-c97069215.Page 120 CBR)
• REQUALIFY ON 1250 IN EACH NEW LEAVE YEAR (DOL
  letter dated 9/11/00Pages 138-142 CBR)
• ROLLING QUALIFICATION FOR INTERMITTENT ABSENCES
  IF CHRONIC CONDITION WAS CERTIFIED IN THAT LEAVE
  YEAR AND CIRCUMSTANCES HAVE NOT CHANGED
  (DOL letter dated 9/11/00)

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RECENT DEVELOPMENTS

• DAS AWARD Q00C-4Q-C 03126482
• MGT CANNOT DEMAND INFO ON NATURE OF ILLNESS WHEN
  YOU CALL IN
• EMPLOYEES NEED NOT REQUEST 3RD DOCTOR EVALUATION
• MEDICAL EVIDENCE MAY BE REQUIRED WHEN ABSENCE
  EXCEEDS 3 DAYS IF REQUESTING PAID LEAVE

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MILITARY LEAVE

• TIME SPENT ON MILITARY LEAVE NOW COUNTS TOWARD
  THE 1250 WORK HOUR REQUIREMENT.
• SEE THE JOINT CONTRACT INTERPRETATION MANUAL
  BOTTOM OF PAGE 15 OF ARTICLE 10.
• MILITARY TIME IS TREATED AS HOURS WORKED.

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ISSUES IN DISPUTE

• RETURN TO DUTY AFTER CERTAIN CHRONIC CONDITIONS
  OR AFTER ABSENCE OF MORE THAN 21 DAYS
• REVISED PUB 71

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RETURN TO DUTY

• NATIONAL ARB PENDING IN REVISED PUB 71 (7 DEADLY
  SINS)
• FEDERAL COURT ACTION PENDING ON PUB 71 REVISIONS
• QUESTIONCAN THE POSTAL SERVICE DIMINISH RIGHTS
  UNDER THE LAW BY RELYING ON MORE STRINGENT
  INTERNAL REGS (e.g. fitness for duty/extensive
  medical reports) (825.207h, 305.e,700, 701 702)
  (Routes v. Henderson Albert
  v. Runyon)

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FMLA COORDINATOR

• THE DOL ISSUED REVISED GUILDLINES RECOGNIZING THE
  EMPLOYERS RIGHT TO HAVE FMLA COORDINATORS
• THE FMLA COORDINATOR CAN REVIEW AND RETAIN
  RESTRICTED MEDICAL RECORDS RELATING TO THE FMLA
  CONDITION (ASM
  revised 8/2/00 Dr. Reid letter dated 4/16/01)

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DOCUMENTATION REQUIREMENTS

• ABSENCES OF 3 DAYS OR LESS SHOULD NOT REQUIRE
  DOCUMENTATION IF THE CONDITION IS PRECERTIFIED
  AND THE CIRCUMSTANCES HAVE NOT CHANGED
• INTERMITTENT ABSENCES OF MORE THAN 3 DAYS MAY
  REQUIRE ADDITIONAL DOCUMENTATION IF THE EMPLOYEER
  REQUESTS PAID LEAVE IN LIEU OF UNPAID LEAVE (Das
  award Q00C-4Q-C-03126482)
• TERM OF CERTIFICATION DETERMINED BY HEALTH CARE
  PROVIDER. (825.308 AND PAGE 46 OF Training
  Manual)

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DIAGNOSIS/PROGNOSIS

• NEITHER FMLA COORDINATORS OR SUPERVISORS CAN
  REQUIRE THE DISCLOSURE OF A DIAGNOSIS OR
  PROGNOSIS TO APPROVE FMLA
  (Dr. Reid letter dated 6/22/95 , 825.306 and
  recent DAS award)
• BOTH HOWEVER CAN REVIEW INFORMATION THAT IS
  CONTAINED ON THE FMLA FORMS WHEN CONSIDERING THE
  ABSENCE
• IF THE FORM HAS MEDICAL INFORMATION IT MUST BE
  TREATED AS A RESTRICTED RECORD AND CANNOT BE KEPT
  BY THE SUPERVISOR. These records can be
  maintained in the medical unit or secured under
  the control of the FMLA coordinator.