Effective immediately, the Employee and Labor Relations Manual (ELM) is revised to reflect changes in procedures related to processing requests for leave under provisions of the Family and Medical Leave Act (FMLA). The following sections are revised: 512.412, 513.332, and 515.51.
Employee and Labor Relations Manual (ELM)
* * * * *
5 Employee Benefits
510 Leave
* * * * *
512 Annual Leave
* * * * *
512.4 Authorizing Annual Leave
* * * * *
512.41 Requests for Annual Leave
* * * * *
512.412 Emergencies
[Revise 512.412 to read as follows:]
An exception to the advance approval requirement is made for emergencies; however, in these situations, the employee must notify appropriate postal authorities of the emergency and the expected duration of the absence as soon as possible.
When sufficient information is provided to determine that the absence may be covered by the Family and Medical Leave Act (FMLA), Department of Labor Form WH 380, Certification of Health Care Provider (Family and Medical Leave Act of 1993); Publication 71, Notice for Employees Requesting Leave for Conditions Covered by the Family and Medical Leave Act; and a return envelope will be mailed to the employee’s address of record. A PS Form 3971 will be provided to the employee upon his or her return to duty.
When sufficient information to determine that the absence is covered by FMLA is not provided in advance of the absence, the employee must submit a PS Form 3971 and applicable medical or other certification upon returning to duty and explain the reason for the emergency to his or her supervisor.
Supervisors approve or disapprove the leave request. When the request is disapproved, the absence may be recorded as LWOP or absent without leave (AWOL) at the discretion of the supervisor as outlined in 512.422.
* * * * *
513 Sick Leave
* * * * *
513.3 Authorizing Sick Leave
* * * * *
513.33 Requests for Sick Leave
* * * * *
513.332 Unexpected Illness or Injury
[Revise 513.332 to read as follows:]
An exception to the advance approval requirement is made for unexpected illness or injuries; however, in this situation the employee must notify appropriate postal authorities of his or her illness or injury and expected duration of the absence as soon as possible.
When sufficient information is provided to determine that the absence may be covered by the Family and Medical Leave Act (FMLA), Department of Labor Form WH 380, Certification of Health Care Provider (Family and Medical Leave Act of 1993); Publication 71, Notice for Employees Requesting Leave for Conditions Covered by the Family and Medical Leave Act; and a return envelope will be mailed to the employee’s address of record. A PS Form 3971 will be provided to the employee upon his or her return to duty. When sufficient information to determine that the absence is covered by FMLA is not provided in advance of the absence, the employee must submit a PS Form 3971 and applicable medical or other certification upon returning to duty and explain the reason for the absence. Employees may be required to submit acceptable evidence of incapacity to work as outlined in the provisions of 513.36, Sick Leave Documentation Requirements, or noted on the reverse of PS Form 3971 or Publication 71, as applicable.
The supervisor approves or disapproves the leave request. When the request is disapproved, the absence may be recorded as annual leave or, if appropriate, as LWOP or AWOL, at the discretion of the supervisor as outlined in 513.342.
* * * * *
515 Absence for Family Care or Illness of Employee
* * * * *
515.5 Documentation
515.51 General
[Revise the first paragraph of 515.51 to read as follows:]
An employee must provide the FMLA coordinator a PS Form 3971, together with documentation supporting the request, at least 30 days before the absence if the need for the leave is foreseeable. If an FMLA coordinator has not been designated, the documentation should be submitted to a supervisor. If 30 days notice is not practicable, the employee must give notice as soon as practicable. Ordinarily the employee should give at least verbal notification within 1 or 2 business days of the time the need for leave becomes known. A copy of the completed PS Form 3971 is returned to the employee along with a copy of Publication 71, which details the specific expectations and obligations and the consequences of a failure to meet these obligations.
* * * * *
We will incorporate this revision into the next printed version of the ELM and into the next online update, available on the Postal Service™ PolicyNet website:
(The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.)
The ELM is also available on the Postal Service Internet:
- Go to www.usps.com.
- Click on All Products & Services, then Publications, then Postal Periodicals and Publications, and then Manuals.
— Health and Resource Management,
Employee Resource Management, 10-23-08
