Family and Medical Leave Act
Under the family and medical leave act of 1993 (FMLA), eligible employees of the U.S. Postal Service are entitled to receive unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, pregnancy, adoption, or the foster-care placement of a child.
The FMLA is intended “to balance the demands of the workplace with the needs of families.” It allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, his or her parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.
To be eligible for FMLA leave, an employee must have been employed by the employer at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the employer employs 50 or more employees within 75 miles.
The National Defense Authorization Act for FY 2008 amended the FMLA to provide two types of military family leave for FMLA-eligible employees: “qualifying exigency leave” and “military caregiver leave.”
FMLA FORMS
The union has posted FMLA forms for use by healthcare providers to certify serious illnesses of APWU members and their family members. In accordance with an April 18, 2012, arbitration award, these forms are accepted by the USPS.
Certification by a Health Care Provider for the Employee’s Own Serious Illness:
Certification by a Health Care Provider for a Family Member’s serious Illness:
Certification by Employee of Qualifying Exigency for Military Family Leave:
Certification by a Service Member’s Health Care Provider for Caregiver Military Family Leave:
- FMLA Sample APWU Form for Employee’s Absence Plus Treatment
- FMLA Sample APWU Form for Employee Cancer
- FMLA Sample APWU Form for Employee Hospital Stay
- FMLA Sample APWU Form for Employee Migraine
- FMLA Sample APWU Form for Employee Diabetes
- FMLA Sample APWU Form for Employee Musculoskeletal
- FMLA Sample APWU Form for Employee Long Term
- FMLA Sample APWU Form for Employee Pregnancy
- FMLA Sample APWU Form for Spouse Absence Plus
- FMLA Sample APWU Form for Child with Chronic Condition
- FMLA Sample APWU Form for Spouse Hospital Stay
- FMLA Sample APWU Form for Family Multiple Treatments
- FMLA Sample APWU Form for Spouse Permanent Long-Term Care
- FMLA Sample APWU Form for Spouse Pregnancy
- FMLA Sample APWU Form for Child with Chronic Condition
The following documents and links provide guidance and assistance for APWU members and representatives when applying the provisions of the FMLA to postal employees.
- Family and Medical Leave Act (FMLA) Questions and Answers
- Your Rights Under the Family and Medical Leave Act of 1993
- Arbitration Award: USPS #Q06C-4Q-C 11001666 and Q06C-4Q-C 11008239
- Arbitration Award: USPS #Q00C-4Q-C 02126262
- Arbitration Award: USPS #H98C-4H-D 99290624
- USPS and Department of Labor (DOL) Letters Regarding 1250 Work-hour Eligibility
- Requirement
- The U.S. Department of Labor (DOL) FMLA Compliance Assistance site