Effective October 13, 2005, Employee and Labor Relations Manual (ELM) 515.5, Documentation, is revised and reorganized to:

• Clarify the types of documentation necessary for absences due to Family and Medical Leave Act (FMLA)-qualifying conditions in all or in particular cases.

• Add a reference to Form WH-380, Certification of Health Care Provider, to document FMLA qualification of health conditions.

• Eliminate leave without pay (LWOP) from the section on employee incapacitation, which requires documentation only for paid leave, in accordance with Department of Labor (DOL) regulations.

We will incorporate these revisions into the next printed version of the ELM and into the next online version, 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.)

The ELM is also available also on the Internet at www.usps.com. Click on About USPS and News, then Forms and Publications, then Postal Periodicals and Publications, and then Manuals.

Until the changes described in the article are incorporated into the online version of the ELM, use this article to implement the changes.

Employee and Labor Relations Manual (ELM)

* * * * *

5 Employee Benefits

510 Leave

* * * * *

[Revise title of 515 to read as follows:]

515 Absence for Family Care or Illness of Employee

* * * * *

515.5 Documentation

* * * * *

515.52 Particular Circumstances

[Revise 515.52 to read as follows:]

515.521 New Son or Daughter

An employee requesting FMLA-covered time off because of the birth of the employee's son or daughter and to care for the son or daughter, or because of the placement of a son or daughter with the employee for adoption or foster care, may be required to substantiate the relationship and provide the birth or placement date.

515.522 Care of Others for Medical Reasons

An employee requesting FMLA-covered time off because the employee is needed to care for a spouse, parent, son, or daughter who has a serious health condition may be required to:

a. Substantiate the relationship.

b. Provide documentation from the health care provider - using either Form WH-380, Certification of Health Care Provider, or equivalent documentation - stating the date the serious health condition began, probable duration of the illness, appropriate medical facts, nature of the need to care for, and when the employee will be needed to provide such care or psychological support.

Note: The medical certification provision that an employee is "needed to care for" a family member encompasses both physical and psychological care. It includes situations where, for example, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic, or nutritional needs or safety, or is unable to transport him- or herself to the doctor, etc. The term also includes providing psychological comfort and reassurance that would be beneficial to a child, spouse, or parent with a serious health condition who is receiving inpatient or care.

515.523 Employee Incapacitation

An employee requesting FMLA-covered time off because of his or her own incapacitation must satisfy the documentation requirements for sick leave in 513.31 through 513.38 in order to receive paid leave during the absence. If medical opinions are required in addition to initial documentation, they are administered as described in 515.53.

515.524 Return to Work After Employee Incapacitation

To return to work from an FMLA-covered absence because of his or her own incapacitation, an employee must provide certification from his or her health care provider that the employee is able to perform the essential functions of his or her positions with or without limitations. Limitations described are accommodated when practical. In addition, a bargaining unit employee must comply with collective bargaining agreements, which include Postal Service policies in 865 (summarized in section VI of Publication 71), 513.37, and other handbooks and manuals.

* * * * *

[Delete current 515.53 and replace with new 515.53 to read as follows:]

515.53 Additional Medical Opinions

A second medical opinion by a health care provider who is designated and paid for by the Postal Service may be required. A health care provider selected for the second opinion may not be employed by the Postal Service on a regular basis. In case of a difference between the original and second opinion, a third opinion by a health care provider may be required. The third health care provider is jointly designated or approved by management and the employee, and the third opinion is final. The Postal Service pays the health care provider for the third opinion. Recertifications of a medical condition, for which the employee bears the cost, may also be required. Such medical opinions are obtained off the clock.

* * * * *

— Compensation,
Employee Resource Management, 10-13-05