APWU - Industrial Relations

(07/14/09) In response to a letter from the Postal Service stating that the APWU's FMLA forms are not equivalent to the Department of Labor's FMLA forms, the union has written the Postal Service clarifying our position on the use of the forms. Some managers have interpreted the USPS's comments to mean that the APWU's FMLA forms are unacceptable. This is not true. FMLA regulations do not require that certification be provided on any particular form, or in any particular format, as long as the information is complete and sufficient. Management must make a case-by-case determination if the documentation provided is complete and sufficient. If it's not, they are required to explain to the employee, in writing, what they must do to make the form complete and sufficient. They cannot require the use of the optional DOL forms. In addition, the optional DOL forms contain space for doctors to provide information that is not required by the regulations. The APWU continues to encourage our members to use the APWU forms.

Click here for exchange of correspondence on FMLA forms and here for correspondence containing additional clarification.

APWU FMLA Forms Revised

(04/30/09) The APWU's revised FMLA forms that were issued in February 2009 to meet new federal regulations have been modified slightly for clarity after input from locals and field officers. APWU FMLA forms #1 and #2 were revised as follows: 1) a change to the section regarding medical facts to include treatment, if any; 2) a clarification regarding what constitutes a chronic condition (i.e. the new regulations stipulate that to qualify as a chronic condition, the employee must require treatment at least twice a year, and 3) a place for the HCP to print their name, above where they place their signature. This last change also applies to form #4. Form #3 is unchanged. While the February 2009 version of the forms should still be acceptable when properly completed, these revisions add clarity and should, therefore, reduce the number of instances where the Postal Service finds the forms “insufficient” or “incomplete.”

New APWU FMLA Forms Available

(02/24/09) The APWU's FMLA forms have been updated to meet revised certification requirements that took effect Jan. 16, 2009. The forms have also been renumbered. APWU Form 1 is for leave for an employee's own serious health condition and APWU Form 2 is for leave to care for a family member's serious health condition. APWU Forms 3 and 4 are new and are for employees who are requesting military family leave under the new regulations. [read more]

New FMLA Rules Effective January 16

(01/16/09) The APWU has been meeting with the Postal Service regarding the implementation of changes to the Family and Medical Leave Act (FMLA) – changes the Bush Administration implemented just four days before President Bush leaves office. The changes, announced in November, make it harder for workers who are covered by the law to use FMLA leave. The APWU is also updating our FMLA materials (including APWU’s FMLA medical certification forms) to reflect the changes. Those updated materials will be distributed as they become available. [read more]

Members Urged to Object to Proposed Regulations That Threaten FMLA

(03/06/08) APWU President William Burrus has issued a call to action, asking the union’s officers and activists to fight proposed new regulations that would weaken the Family and Medical Leave Act of 1993. [read more]

Enhanced FMLA Leave for Military Families

(02/29/08) Recent amendments to the Family and Medical Leave Act provide up to 26 weeks of FMLA leave to help eligible family members recover from a military service-related injury or illness, and also up to 12 weeks of FMLA leave to fulfill family obligations if a spouse, child or parent is on active duty, or is being called to active duty. [read more]

Click here for the new Military Family Leave poster

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Family and Medical Leave Act Resources

The Family and Medical Leave Act (FMLA) was signed into law by President Clinton in 1993. It requires employers to grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and case of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health 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.

FMLA Forms

Downloadable APWU versions of forms that can be used when requesting or certifying leave under the Family and Medical Leave Act (FMLA).

How to Apply Your Rights Under the Family and Medical Leave Act (FMLA) [pdf]

An APWU booklet for members for use in applying your rights under the FMLA. This document includes excerpts from the Employee and Labor Relations Manual (ELM) and Postal Bulletins, an exchange of correspondence between the union and the Postal Service on the application of the FMLA, and copies of forms for use by postal employees when requesting leave under the Act.

Family and Medical Leave Act (FMLA) Questions and Answers [pdf]

A document jointly produced by the American Postal Workers Union (APWU) and the United States Postal Service (USPS) with answers to the most frequently asked Family and Medical Leave Act (FMLA) questions. It is the intent of the parties that referral to these questions and answers should eliminate disputes concerning the most basic FMLA issues.

Your Rights Under the Family and Medical Leave Act of 1993 [pdf]

A U.S. Department of Labor notice about your rights under the Family and Medical Leave Act (FMLA).

Arbitration Award (USPS #Q00C-4Q-C 02126262) [pdf]

(July 5, 2005) An employee's time on LWOP for union business does not count toward the 1,250 hours of service required for eligibility under the Family and Medical Leave Act (FMLA), according to this national-level award by Arbitrator Das.

Arbitration Award (USPS #H98C-4H-D 99290624) [pdf]

An employee, who is eligible for Family Medical Leave at the time medical leave commences, but due to intermittent leaves for the same condition, falls below the 1250 hour minimum required in the previous 12 month period, is nevertheless eligible for medical leave.

USPS and Department of Labor (DOL) Letters Regarding 1250 Work-hour Eligibility Requirement [pdf]

Clarification letters from the USPS and the Department of Labor (DOL) regarding application of the 1250 Work-hour eligibility requirement when an employee who is eligible for Family Medical Leave for one condition, but due to leave for a different condition, falls below the 1250 hour minimum.

Department of Labor (DOL)

The U.S. Department of Labor’s FMLA Compliance Assistance web site.

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