Nonbargaining Unit Personal Absence
Effective May 26, 2005, Employee and Labor Relations Manual (ELM) 519.6, Nonbargaining Unit Personal Absence, is modified in section 519.62, Policy, to clarify that absences due to conditions covered by the Family and Medical Leave Act (FMLA) are among those partial-day absences that may be requested and to emphasize in section 519.632, Partial-Day Absences, that managers may disapprove personal leave requests when necessary to carry out their responsibilities to control work hours.
We will incorporate this revision into the next printed version of the ELM and into the online update, available on the Postal ServiceTM PolicyNet Web site:
• Go to http://blue.usps.gov.
• Under "Essential Links" in the left-hand column, click on References.
• Under "References" in the right-hand column, under "Policies," click on PolicyNet.
• Click on Manuals.
(The direct URL for the Postal Service PolicyNet Web site is http://blue.usps.gov/cpim.)
It is also available on the Postal Service Internet:
• Go to www.usps.com.
• Click on About USPS & News, then Forms & Publications, then Postal Periodicals and Publications, and then Manuals.
Employee and Labor Relations Manual (ELM)
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5 Employee Benefits
510 Leave
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519 Administrative Leave
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519.6 Nonbargaining Unit Personal Absence
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519.62 Policy
[Revise text of 519.62 to read as follows:]
Nonbargaining unit exempt employees are paid on a salary basis. This means that under the FLSA they are not considered to be hourly rate employees. Therefore, partial day absences are paid the same as work time. While exempt employees are expected to work a full day, they may request time off to attend to personal matters during the workday, including time off due to conditions covered by FMLA. If approved, the time off is "personal absence time" and is not charged to annual leave, sick leave, or LWOP.
519.63 Limitations and Exceptions
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519.632 Partial-Day Absences
[Revise text of 519.632 to read as follows:]
Normally, personal absence time is limited to no more than half an employee's workday. However, when an unanticipated need for time off occurs after the employee reports to work and the employee is allowed to leave work but is unable to return, the half-day limit does not apply. For example, when an employee gets sick after 2 hours at work and must leave for the remaining 6 hours of the workday, the entire 6 hours is treated as personal absence time. However, managers may disapprove personal leave requests when necessary to carry out their responsibilities to control work hours as set forth in 519.65. In this regard, managers may require the use of an appropriate leave category, for example, sick leave in the case of partial-day absences for FMLA-covered conditions.
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- Compensation,
Employee Resource Management, 5-26-05
|
Return to Duty After Absence for Medical Reasons
Effective May 26, 2005, Employee and Labor Relations Manual (ELM) 865, Return to Duty After Absence for Medical Reasons, is revised to more accurately reflect current policy and practices regarding requests for return-to- work documentation.
We will incorporate these revisions into the next printed version of the ELM and into the online update, available on the Postal ServiceTM PolicyNet Web site:
• Go to http://blue.usps.gov.
• Under "Essential Links" in the left-hand column, click on References.
• Under "References" in the right-hand column, under "Policies," click on PolicyNet.
• Click on Manuals.
(The direct URL for the Postal Service PolicyNet Web site is http://blue.usps.gov/cpim.)
It is also available on the Postal Service Internet:
• Go to www.usps.com.
• Click on About USPS & News, then Forms & Publications, then Postal Periodicals and Publications, and then Manuals.
Summary of Changes
865, Return to Duty After Absence for Medical Reasons, is revised to more accurately reflect current policy and practices regarding those situations in which return-to- work documentation is requested.
Employee and Labor Relations Manual (ELM)
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8 Safety and Health
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860 Medical and Occupational Health Services
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[Revise the title and text of 865 to read as follows:]
865 Return to Duty After Absence for Medical Reasons
865.1 Certification Required: All Bargaining Unit Employees and Those Nonbargaining Unit Employees Returning From Non-FMLA Absences
Return-to-work clearance may be required for absences due to an illness, injury, outpatient medical procedure (surgical), or hospitalization when management has a reasonable belief, based upon reliable and objective information, that
• The employee may not be able to perform the essential functions of his/her position, or
• The employee may pose a direct threat to the health or safety of him/herself or others due to that medical condition.
In making this determination, management must consider the essential functions of the employee's job, the nature of the medical condition or procedure involved, guidance from the occupational health nurse administrator, occupational health nurse, and/or the Postal Service's physician regarding the condition or procedure involved, and any other reliable and objective information to make an individualized assessment whether there is a reason to require the return- to-work documentation.
865.2 Intermittent or Reduced Schedule Leave Under FMLA
In the case of bargaining unit employees using intermittent or reduced schedule leave for a condition covered under the FMLA, the occupational health nurse administrator, occupational health nurse, and/or the Postal Service's physician shall decide under what circumstances employees must submit return-to-work documentation for subsequent absences for that condition. Only the Postal Service's physician can make the final authorization for requiring return- to-work clearance after subsequent absences.
865.3 Nonbargaining Unit Employees Returning After FMLA Absence
To return to work from an FMLA-covered absence because of their own incapacitation, nonbargaining unit employees must provide certification from their health care provider that they are able to perform the essential functions of their positions with or without limitations (see ELM 515.56).
865.4 Documentation Required
All medical certifications must be detailed medical documentation and not simply a statement that an employee may return to work. There must be sufficient information to make a determination that the employee can perform the essential functions of his/her job, and do so without posing a hazard to self or others. In addition, the documentation must note whether there are any medical restrictions or limitations on the employee's ability to perform his/her job, and any symptoms that could create a job hazard for the employee or other employees. The occupational health nurse administrator, occupational health nurse, or the Postal Service's physician evaluates the medical report and, when required, assists placing employees in jobs where they can perform effectively and safely.
865.5 Assignments
Installation heads may temporarily assign any employee returning to duty to a modified work assignment during the employee's rehabilitation/recovery period consistent with operational needs and obligations under any applicable collective bargaining agreement or federal law.
865.6 Fitness for Duty Examinations
If, after review of the documentation required in 865.4, the Postal Service's physician questions whether an employee can perform the essential functions of his/her position, or whether he/she poses a direct threat to the health or safety of him/herself or others, the physician may require the employee to undergo a fitness-for-duty examination.
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- National Medical Director,
Employee Resource Management, 5-26-05 |
