Effective October 17, 2013, the Postal Service™ is revising the Employee and Labor Relations Manual (ELM), chapter 5, to reflect updated definitions of “Covered Servicemember”, “Military Member”, “Serious Injury or Illness” and “Health Care Provider” related to veterans, and includes the DOL Certification form for Veteran Caregiver Leave in 515.532.
Employee and Labor Relations Manual (ELM)
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510 Employee Benefits
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515 Absence for Family Care or Illness of Employee
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515.2 Definitions
[Revise items f and g to read as follows:]
f. Covered service member — a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. This definition also includes a veteran undergoing medical treatment, recuperation, or therapy for a serious injury or illness who served in the Armed Forces and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the veteran.
g. Military member — in the case of a member of the Regular Armed Forces, duty during the deployment of the member to a foreign country under a call or order to active duty. In the case of a member of the Reserve components of the Armed Forces (which includes the National Guard), duty during the deployment of the member to a foreign country under a Federal call or order to active duty in support of a contingency operation.
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[Revise items j and k to read as follows:]
j. Serious injury or illness — In the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty) and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating. In the case of a veteran (as defined in subpart f), an injury or illness incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty) and that manifested itself before or after the member became a veteran, and is (1) a continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank or rating; or (2) a physical or mental condition for which the veteran has received a VA Service Related Disability Rating (VASRD) of 50% or greater and such VASRD rating is based in whole or in part, on the condition precipitating the need for caregiver leave; or (3) a physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would do so absent treatment; or (4) an injury, including a psychological injury, on the basis of which the veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
k. Health care provider — A doctor of medicine or osteopathy; Christian Science practitioner listed with the First Church of Christ, Scientist, in Boston, MA; Physician’s Assistant or other attending practitioners as defined by Department of Labor FMLA regulations who are performing within the scope of their practice.
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515.4 Leave Requirements
515.41 Conditions
[Revise item e to read as follows (removed covered from before military member)]:
e. Because of a qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces.
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515.43 Authorized Hours
[Revise text to read as follows]:
Eligible employees, including eligible non-career employees, are entitled to 12 workweeks of FMLA-protected absences per leave year for conditions in 515.41(a) through 515.41(e). Eligible employees who take FMLA-protected leave to care for a covered service member who has incurred a serious injury or illness as defined in 515.2 are entitled to a total of 26 workweeks during a single 12-month period.
This amount is 12 (or 26) times the hours normally, or regularly, scheduled in the employee’s workweek. Thus:
a. Regular full-time employees who normally work 40 hours per week are entitled to up to 480 hours of FMLA-covered absences within a leave year for all qualifying reasons except for covered service member care. For such service member care, full-time employees who normally work 40 hours per week are entitled to up to 1046 hours in a single 12-month period that begins when the first leave is taken.
b. Part-time and Non-Traditional Full-Time (NTFT) employees who have regular weekly schedules that may be greater or less than 40 hours per week are entitled to 12 (or 26) times the number of hours normally scheduled in their workweek. For example, an employee with a regular schedule of 30 hours a week is entitled to 360 hours (12 weeks times 30 hours), or 780 hours, for service member care (26 weeks times 30 hours). A NTFT employee with a regular schedule of 44 hours a week is entitled to 528 hours (12 weeks times 44 hours), or 1144 hours, for service member care (26 weeks times 44 hours). If an employee is reassigned to a position with more or less workhours, the entitlement may change, but will be calculated so that the employee receives, but does not exceed 12 or 26 workweeks of FMLA protection.
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515.5 Notice and Documentation
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515.53 Particular Circumstances
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515.532 Care of Others for Medical Reasons
[Revise first paragraph of item d to read as follows]:
d. Provide documentation of a serious health condition or serious injury or illness from an appropriate health care provider. Employees may use WH-380-F, FMLA Certification of Health Care Provider for Family Member’s Serious Health Condition or WH-385, FMLA Certification for Serious Injury or Illness of a Current Servicemember — for Military Family Leave, or WH-385-V, Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave, to support such requests for leave.
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We will incorporate these revisions into the next printed version of the ELM and into the next online updates, 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 Click Manuals.
The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.
— Safety and Health,
Employee Resource Management, 10-17-13
