ELM Revision: Provisions of the Family and Medical Leave Act

Effective immediately, Employee and Labor Relations Manual (ELM), Subchapter 510, Leave, and Part 865, Return to Duty After Absence for Medical Reasons, are revised to reflect changes in Postal Service™ policies related to the Family and Medical Leave Act (FMLA). Signif­icant changes include establishing policies and procedures for the following requirements:

n Eligible employees may take up to 26 workweeks of leave within a 12-month period to care for a covered service member with a serious injury or illness.

n Eligible employees may request FMLA time off because of a qualifying exigency arising out of a fam­ily member’s call to covered active duty in the Armed Forces.

n The decision to clear an employee to return to work rests with management.

n Employees are responsible for providing complete and sufficient medical certification to establish a seri­ous health condition as defined under FMLA.

Summary of Changes to ELM 510 and ELM 865

 

This section…

titled…

was revised to…

Chapter 5, Employee Benefits

512.412

Emergencies

Add the following forms and explain how they are to be used:

n WH-380-E, FMLA Certification of Health Care Provider for Employee’s Se­rious Health Condition.

n WH-380-F, FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition.

n WH 381, FMLA Notice of Eligibility and Rights and Responsibilities.

n WH-384, FMLA Certification for Qualifying Exigency for Military Family Leave.

n WH-385, FMLA Certification for Serious Injury or Illness of Covered Ser­vicemember for Military Family Leave.

513.12

Sick Leave for Dependent Care

Update reference to 515.2.

513.32

Conditions for Authorization

513.332

Unexpected Illness or Injury

Add reference to the following forms and explain how they are to be used:

n WH-380-E, FMLA Certification of Health Care Provider for Employee’s Se­rious Health Condition.

n WH-380-F, FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition.

n WH 381, FMLA Notice of Eligibility and Rights and Responsibilities.

514.22

Administrative Discretion

Update reference to 514.41 in item c.

Exhibit 514.4

Acceptable Reasons and Instructions

Update reference to 514.41 in item f.

515.1

Purpose

Delete last sentence.

515.2

Definitions

n Add new definitions.

n Expand existing definitions.

515.3

Eligibility

Add statement that employment periods prior to a break in service of 7 years or more are not counted in determining the 12 months of employment.

515.41

Conditions

Describe conditions that entitle eligible employees to:

n Up to 12 workweeks of FMLA leave within a Postal Service leave year.

n Up to 26 workweeks of leave within a 12-month period to care for a covered service member with a serious injury or illness.

515.43

Authorized Hours

Add provisions for employees who are eligible to take up to 26 workweeks to care for a covered service member as defined in 515.41.

515.5

Documentation

Change title to “Notice and Documentation.”

515.51

General

n Change title to “Notice.”

n Update and clarify how and when employees are required to notify super­visors when they request FMLA leave.

515.52

Documentation

Add section that describes employee’s responsibility to provide complete and sufficient medical certification to establish a serious health condition as defined under FMLA.

515.52

Particular Circumstances

Renumber as 515.53.

515.521

New Son or Daughter

Renumber as 515.531.

515.522

Care of Others for Medical Reasons

n Renumber as 515.532.

n Add provisions for employees who are eligible to take up to 26 workweeks to care for a covered service member as defined in 515.41.

515.523

Employee Incapacitation

Renumber as 515.533.

515.524

Return to Work After Employee Incapacitation

Renumber as 515.534.

Delete reference to Publication 71, Notice for Employees Requesting Leave for Conditions Covered by the Family and Medical Leave Act, May 2005.

515.535

Qualifying Exigency

Add a section that describes procedures for employees requesting FMLA time off because of a qualifying exigency arising out of a family member’s call to covered active duty in the Armed Forces.

515.53

Additional Medical Opinions

n Renumber as 515.54.

n Clarify that for any recertification, whether required or not, the employee bears the cost and the time required for a medical opinion obtained off the clock.

515.62

Care of Others for Medical Reasons

State that leave taken under the provisions of 515.2 may be taken intermittently or on a reduced leave schedule.

515.63

Exigency Leave

515.63

Temporary Change in Duty Assignment

n Renumber as 515.64.

n Add the words “that is foreseeable based on planned medical treatment” after “reduced work schedule.”

515.64

Fair Labor Standards Act

Renumber as 515.65.

515.9

Family Leave Poster

Update title of poster.

Chapter 8, Safety, Health, and Environment

865.1

Certification Required: All Bargaining Unit Employees and Those Nonbargaining Unit Employees Returning From Non-FMLA Absences

n Change first word of title from “Certification” to “Clearance.”

n Clarify that the decision to clear an employee to return to work rests with management.

n Clarify and expand requirements and procedures for making decisions about an employee’s return to work.

865.2

Intermittent or Reduced Schedule Leave Under FMLA

Deleted.

865.3

Nonbargaining Unit Employees Returning After FMLA Absence

Renumber as 865.2.

865.4

Documentation Required

n Renumber as 865.3.

n Add reference to 865.1.

865.5

Assignments

Renumber as 865.4.

865.6

Fitness-for-Duty Examinations

Renumber as 865.5.

Change reference from 865.4 to 865.3.

We will incorporate these revisions into the next printed version of the ELM and into the online update available on the Postal Service PolicyNet website:

n Go to http://blue.usps.gov.

n Under “Essential Links” in the left-hand column, click PolicyNet.

n On the PolicyNet page, click Manuals.

(The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.)