1. Q. What is the Family and Medical Leave Act of 1993?
A. In general, the Act entitles eligible employees to be absent for up to 12 workweeks
per year for the birth or adoption of a child; to care for a spouse, son, daughter, or
parent with a serious health condition; or when unable to work because of a serious health
condition without loss of their job or health benefits. The FMLA does not provide more
annual or sick leave than that which is already provided to Postal Service employees.
Source: 825.100
2. Q. Which employees are eligible?
A. Employees who have been employed by the Postal Service for at least one year and who
have worked at least 1250 hours during the previous 12 months are eligible.
Source: 825.110, ELM 444.22
3. Q. I have been a transitional employee for nine months. Am I an eligible
employee under the FMLA?
A. No, because you have not worked for the Postal Service for one year. Any employee,
including a TE, who has worked for the Postal Service for an accumulated total of one year
and has worked a total of 1250 workhours during the previous 12 months is an eligible
employee under the FMLA.
Source: 825.110 (b)
4. Q. I am absent on protected leave under the Family and Medical Leave Act,
and my transitional employee appointment term expires next week. How will that affect me?
A. The Family and Medical Leave Act does not affect the terms of your appointment.
Source: 825.216 (b)
5. Q. Do COP, OWCP, military leave and court leave count toward eligibility
requirements under the FMLA?
A. COP, OWCP, court leave, and short periods of military leave count toward the
12-month eligibility requirement. However, none of the times mentioned count toward the
1250 hours worked eligibility requirement.
Source: 825.110, ELM 444.22
6. Q. If both spouses work for the Postal Service, does the USPS let both take
up to 12 workweeks each of protected absences under FMLA each leave year?
A. Yes.
Source: ELM 515.43
7. Q. Can an employee who is separated or divorced take a protected absence
under the FMLA to care for a spouse or ex-spouse with a serious health condition?
A. For an employee to take such leave, the couple must be legally married.
Source: 825.113
8. Q. My mother-in-law who lives with me is ill and requires my care. Does
management have to approve my leave as a covered condition?
A. No, the FMLA only provides protected absences for covered conditions of a spouse,
parent, son or daughter. Leave taken to care for anyone else would require approval under
normal leave policies.
Source: 825.112
9. Q. My knee problem was diagnosed during an appointment with a health care
provider. He ordered three months of physical therapy treatments. Are the visits and the
treatments protected by the FMLA?
A. Yes, where properly documented as a serious health condition, the absence would
qualify for FMLA protection since it involves a continuing treatment under the supervision
of a health care provider. The health care provider is stating that lack of treatment
would likely result in a period of incapacity of more than three days. Employees needing
intermittent FMLA leave or leave on a reduced leave schedule must attempt to
schedule their leave so as not to disrupt the employer's operations.
Source: 825.114 (a)(2)(v), 825.117
10. Q. My wife's doctor said she needs almost total bed rest for the last two
months of her pregnancy, and I need to stay home to care for our other children. Is this
condition covered under the FMLA?
A. FMLA does not cover babysitting for the other children. However, where properly
documented that the husband is needed to care for her, the wife's serious health condition
would entitle the husband to a FMLA protected absence.
Source: 825.116
11. Q. If I use a midwife for both my prenatal care and the delivery of my
child, would my pregnancy still be a condition covered under the FMLA?
A. Yes, pregnancy is a covered condition under the FMLA. Midwives are considered health
care providers if they are authorized to practice under State law and are performing
within the scope of their practice as defined under State law.
Source: 825.118 (b)(2), 825.118 (c)
12. Q. An employee had a baby and took 6 weeks of leave during a period when
she was not eligible under the FMLA. Now she is eligible, and the baby is still less than
a year old. Can she now take the 12 workweeks of protected absences under the FMLA?
A. Yes, only the time taken when eligible under the FMLA counts toward the 12
workweeks.
Source: 825.112
13. Q. Is an employee entitled to 12 workweeks of protected absences under the
FMLA for placement or care of an adopted or foster child?
A. Yes.
Source: 825.112, 825.200, 825.201
14. Q. I took a week of protected leave under the FMLA to care for my baby who
was born 2 months ago. Now I want to take the week of July 4th off to be with my baby.
Since caring for my newborn is a condition covered under the FMLA, does my supervisor have
to let me off for the week of July 4th?
A. Not necessarily. You are requesting time off for the birth and care of a child on an
intermittent basis. Therefore, your request for the week of July 4th is subject to your
supervisor's approval in accordance with current leave polices.
Source: 825.203
15. Q. Can an employee take protected leave under the FMLA to look for child
care?
A. No. Of course, a supervisor can approve regular annual leave for such a purpose.
Source: 825.112
16. Q. An employee has a recurrent degenerative knee condition that qualifies
as a serious health condition. The certification indicates his condition may
"flare" up 1 to 2 days per month and render him incapacitated for duty.
Consequently, the employee requests covered absences under the FMLA with little or no
advance notice. Does this meet the criteria or intent of the intermittent leave
entitlement under the FMLA?
A. Intermittent absences due to a chronic condition which incapacitates an employee are
covered by the FMLA. See attached Documentation Example #4.
Source: 825.114, 825.117, 825.203, 825.204
17. Q. Is treatment for substance abuse covered under the FMLA?
A. Yes, if certified by the health care provider as a serious health condition. Absence
because of the employee's use of the substance, rather than for treatment, does not
qualify as a covered condition under the FMLA.
Source: 825.114 (d), 825.112 (g)
18. Q. Can the flu be considered a serious health condition under the FMLA?
A. Yes, if it complies with the definition of a serious health condition under the
FMLA.
Source: 825.114 (c)
19. Q. If my child is sick, can I now take sick leave to care for him?
A. Yes, under the National Agreement-Memorandum of Understanding on Sick Leave for
Dependent Care, employees may use up to 80 hours of their earned sick leave to care for a
spouse, parent, son or daughter. Sick leave for Dependent Care is only protected under the
FMLA when the illness qualifies as a serious health condition under the FMLA.
Source: National Agreement-Memorandum of Understanding, ELM 515.2
SECTION 3 - HOW AN ABSENCE IS COVERED
20. Q. How do I apply for leave under the FMLA?
A. Submit a form PS 3971, Request for or Notification of Absence, with the
supporting documentation. Leave under the FMLA is not a separate category or type of
leave. You may request annual leave, sick leave or LWOP for your absence under the FMLA.
Just as in the past, in an emergency situation a phone call, telegram, etc. will suffice
until it is possible for you to submit the necessary paperwork.
Source: 825.302, 825.303, ELM 510
21. Q. Do I have to mention the Family Medical Leave Act when I request time
off for a covered condition?
A. No. However, an employee must explain the reasons for the absence and give enough
information to allow the employer to determine that the leave qualifies for FMLA
protection. If the employee fails to explain the reasons, the leave may not be protected
under the FMLA.
Source: 825.208, 825.302, 825.303
22. Q. Do I have to use all of my annual leave balance before I can take LWOP
for a condition covered under the FMLA?
A. No, you need not exhaust annual leave and/or sick leave before requesting leave
without pay. The use of leave, paid or unpaid, is subject to management's approval
consistent with the handbooks, manuals, the National Agreement and the FMLA.
Source: 825.207, ELM, NATIONAL AGREEMENT
Q. Can I take more than 12 workweeks of leave during a Postal leave year?
A. Twelve workweeks is the maximum amount of protected leave which must be granted for
the covered conditions under the FMLA. After being off for 12 workweeks, you may request
leave under current leave policies, but that time would not be protected under the FMLA.
Approval will be subject to the terms and conditions of current policies.
Source: 825.200, ELM 510
24. Q. Do the 12 workweeks of FMLA protected leave have to be continuous?
A. No, the leave may be taken intermittently or on a reduced schedule basis as long as
taking it in that manner is medically necessary. When leave is taken because of the birth
or placement of a child for adoption or foster care, an employee may take leave
intermittently or on a reduced leave schedule only if the supervisor agrees.
Source: 825.203, 825.204
25. Q. How will I know if the requested leave counts as part of the 12 workweek
entitlement under the Family and Medical Leave Act?
A. The supervisor should provide you a copy of the Form 3971.
If the leave is approved as one of the covered conditions, the approving official will
check the "Approved, FMLA" block on the Form 3971.
Source: 825.301, ELM 515
26. Q. If the employee does not request FMLA protection for an absence that
meets the definition of a covered condition under the FMLA, must the supervisor designate
the absence as FMLA protected leave?
A. Yes, if the employee provides sufficient information for the supervisor to be able
to designate it as FMLA protected leave.
Source: 825.208
27. Q. If an employee is absent on sick leave and, while absent is diagnosed as
having a serious health condition, will his entire absence be protected under the FMLA?
A. Yes, if the employee provides the supervisor with the necessary information about
the serious health condition within two days of returning to work.
Source: 825.208 (d) & (e)
28. Q. Is the employer's approval required for an employee to use intermittent
leave or work a reduced schedule if the employee, spouse, child or parent has a serious
health condition?
A. The absence must be allowed provided proper medical certification and notice is
provided. However, in foreseeable cases, the employee must attempt to schedule the
absences so as not to disrupt the employer's operation. The employee may be assigned to an
alternative position with equivalent pay and benefits that better accommodates the
intermittent or reduced leave schedule, in accordance with National Agreement.
Source: 825.203, 825.204
29. Q. If an employee requests leave for a condition covered under the FMLA,
what information should the supervisor provide to the employee?
A. A supervisor should provide the following information:
- Whether the employee is eligible or when he will be eligible.
- Whether the leave will designated as FMLA protected.
- A copy of PS Form 3971 stating the type of leave and whether the approval is pending
documentation.
- Publication 71 where applicable. Publication 71 includes the consequences for not
providing the requested documentation and what information must be provided for return to
duty, if any.
Source: 825.301
30. Q. What certification is required for employees requesting leave protected
under the FMLA because of the birth or placement of a son or daughter, and in order to
care for such son or daughter after birth or placement?
A. That the employee is the parent and the date of birth or placement of this son or
daughter. No medical certification is required.
Source: 825.113 (d)
31. Q. Is recertification required for each absence when a health care provider
has certified that the employee is receiving continuing treatment?
A. Excluding pregnancy, chronic conditions, and permanent/long-term conditions,
recertification is not required for the duration of treatment or period of incapacity
specified by the health care provider, unless:
a) the employee requests an extension of leave
b) circumstances have changed significantly from the original request
c) the employer receives information that casts doubt upon the continuing validity of
the certification
d) the absence is for a different condition or reason.
Source: 825.308
32. Q. What can an employer do if he or she questions the adequacy of medical
certification that includes all the required information?
A. With the employee's permission, a health care provider representing the Postal
Service may contact the employee's health care provider to clarify the medical
certification. Also, the Postal Service may require the employee to obtain a second
opinion at the employer's expense.
Source: 826.307
33. Q. Is advance notice required for employees' use of protected leave under
FMLA?
A. An employee must provide the Postal Service at least 30 days advance notice if the
need for the leave is foreseeable. When the need for leave is not foreseeable, an employee
should give notice to the Postal Service as soon as practicable by telephone, fax or other
electronic means.
Source: 825.302, 825.303
34. Q. Can a supervisor have a blanket policy that requires recertification
every 30 days for all employees requesting FMLA protection for absences related to
pregnancy, chronic conditions, and permanent/long-term conditions?
A. No. On a case by case basis, the supervisor may require recertification of such
conditions on a reasonable basis, but not more often than every 30 days and only in
connection with an absence related to the condition. The supervisor may require
recertification in less than 30 days when:
- circumstances in the previous certification have changed.
- the supervisor receives information that casts doubt upon the employee's stated
reason for the absence.
Source: 825.308 (a)
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