{"content": "69|1. For incapacity due to pregnancy, prenatal medical care or child birth.\n70|2. To care for the employee’s child after birth, or placement for adoption or foster care.\n71|3. To care for the employee’s spouse, son or daughter, or parent who has a serious health condition.\n72|4. For a serious health condition that makes the employee unable to perform the employee’s job.\n73|5. 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.\n74|\n75|Eligible employees who are the spouse, son, daughter, parent, or next of kin of a covered service member must be allowed up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness (as defined in [515.2](
https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep444816)(j)). The single 12-month period begins the first day the employee takes FMLA leave for this purpose and ends 12 months after that date. During this single 12-month period, the employee’s entitlement is limited to a combined total of 26 workweeks of FMLA leave for any qualifying reason.\n76|\n77|##### 515.42 Leave Type\n78|\n79|Absences that qualify as FMLA leave may be charged as annual leave, sick leave, continuation of pay, or leave without pay, or a combination of these. Leave is charged consistent with current leave policies and applicable collective bargaining agreements.\n80|\n81|##### 515.43 Authorized Hours\n82|\n83|[Eligible employees, including eligible non-career employees, are entitled to 12 workweeks of FMLA-protected absences per leave year for conditions in](
https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep1374558)[515.41](https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep1374558)(a)[through](https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep1374558)[515.41](https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep1374558)(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](
https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep444816)[515.2](https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep444816)[are entitled to a total of 26 workweeks during a single 12-month period.](
https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep444816)\n84|\n85|This amount is 12 (or 26) times the hours normally, or regularly, scheduled in the employee’s workweek. Thus:\n86|\n87|1. 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.\n88|2. 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.\n89|\n90|#### 515.5 Notice and Documentation\n91|\n92|##### 515.51 Notice\n93|\n94|An employee must provide a supervisor a PS Form 3971 at least 30 days before the absence if the need for the FMLA leave is foreseeable. If 30 days notice is not practicable, the employee must give notice as soon as practicable.\n95|\n96|When the leave is for planned medical treatment, the employee should first consult with the supervisor about the timing of the leave and must make a reasonable effort to schedule the treatment so as not to unduly disrupt the employer’s operations.\n97|\n98|Where the need for leave is not foreseeable, notice should also be given as soon as practicable, i.e., the same day, at least, before the start of one’s tour.\n99|\n100|Where Integrated Voice Response System (IVR) is operational, employees are required to call in their unscheduled absences through that system and to use their FMLA case numbers. Where IVR is not operational, employees should report absences to their supervisor. If an employee fails to provide timely notice of the need for FMLA protected leave, and no unusual circumstances justify the delay, the FMLA protection may be delayed or denied.\n101|\n102|During an absence, the employee must keep his or her supervisor informed of intentions to return to work and of status changes that could affect his or her ability to return to work.\n103|\n104|##### 515.52 Documentation\n105|\n106|In all cases, it is the employee’s responsibility to provide complete and sufficient medical certification to establish a serious health condition as defined under the FMLA. For their own serious health conditions, employees may submit Department of Labor Form WH-380-E, _FMLA Certification of Health Care Provider for Employee’s Serious Health Condition,_ which is provided in the FMLA packet mailed to employees’ homes. These forms are provided for the employee’s convenience, as they solicit all required information; however, employees may use another format as long as it provides complete and sufficient information as required by the FMLA. The information provided should relate only to the specific reason associated with the request for leave protection.\n107|\n108|Employees must provide documentation directly to the FMLA Office at the Human Resources Shared Services Center (HRSSC) within 15 days of receipt of the request. Additional documentation may be requested of the employee if the information received is incomplete or insufficient for an FMLA determination, and this must be provided within 7 days unless it is not practicable under the particular facts and circumstances despite the employee’s diligent good-faith efforts. When the need for leave is due to a serious health condition that lasts beyond a single leave year, the employee may be required to provide a new medical certification in each subsequent leave year.\n109|\n110|Failure to provide complete and sufficient documentation may result in the denial of FMLA protection.\n111|\n112|##### 515.53 Particular Circumstances\n113|\n114|###### 515.531 New Son or Daughter\n115|\n116|An employee requesting FMLA-covered time off because of the birth of the employee’s son or daughter and to care for the son or daughter, or because of the placement of a son or daughter with the employee for adoption or foster care, may be required to substantiate the relationship and provide the birth or placement date.\n117|\n118|###### 515.532 Care of Others for Medical Reasons\n119|\n120|An employee requesting FMLA-covered time off because the employee is needed to care for a spouse, parent, son, or daughter with a serious health condition or a covered service member with a serious injury or illness may be required to:\n121|\n122|1. Substantiate the relationship.\n123|2. Describe the care to be provided and an estimate of the leave needed.\n124|3. Provide information regarding the military status of the covered service member (for military caregiver leave).\n125|4. 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.\n126|\n127|These forms are provided for the employee’s convenience, as they solicit all required information; however, employees may use another format as long as it provides complete and sufficient information as required by the FMLA. The information provided should relate to only the specific reason associated with the request for leave protection.\n128|\n129|Note: The medical certification provision that an employee is “needed to care for” a family member encompasses both physical and psychological care. It includes situations where, for example, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic, or nutritional needs or safety, or is unable to transport him- or herself to the doctor. The term also includes providing psychological comfort and reassurance that would be beneficial to a child, spouse, or parent with a serious health condition who is receiving inpatient or home care.\n130|\n131|###### 515.533 Employee Incapacitation\n132|\n133|An employee requesting FMLA-covered time off because of his or her own incapacitation must satisfy the documentation requirements for sick leave in [513.31](
https://about.usps.com/manuals/elm/html/elmc5_003.htm#ep444218) through [513.38](
https://about.usps.com/manuals/elm/html/elmc5_003.htm#ep444345) in order to receive paid leave during the absence. If medical opinions are required in addition to initial documentation, they are administered as described in [515.54](
https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep1395907).\n134|\n135|###### 515.534 Return to Work After Employee Incapacitation\n136|\n137|To return to work from an FMLA-covered absence because of his or her own incapacitation, an employee must provide certification from his or her health care provider that the employee is able to perform the essential functions of his or her positions with or without limitations. Limitations described are accommodated when practical. In addition, a bargaining unit employee must comply with collective bargaining agreements, which include Postal Service policies in [513.37](
https://about.usps.com/manuals/elm/html/elmc5_003.htm#ep444335) and [865](
https://about.usps.com/manuals/elm/html/elmc8_034.htm#ep890486) and in other handbooks and manuals.\n138|\n139|###### 515.535 Qualifying Exigency\n140|\n141|An employee requesting FMLA-covered time off because of a qualifying exigency arising out of a covered family member’s call to covered active duty in the Armed Forces (see [515.2(](
https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep444816)[g](https://about.usps.com/manuals/elm/html/elmc5_005.htm#ep1784767))) must provide complete and sufficient certification. The employee may use WH-384, _FMLA Certification for Qualifying Exigency for Military Family Leave,_ to support such request for leave. This form will be provided for the employee’s convenience, as it solicits all required information; however, employees may use another format as long as it provides complete and sufficient information as required by the FMLA.\n142|\n143|##### 515.54 Additional Medical Opinions\n144|\n145|A second medical opinion by a health care provider who is designated and paid for by the Postal Service may be required. A health care provider selected for the second opinion may not be employed by the Postal Service on a regular basis. In case of a difference between the original and second opinion, a third opinion by a health care provider is required. The third health care provider is jointly designated or approved by management and the employee, and the third opinion is final. The Postal Service pays the health care provider for the third opinion.\n146|\n147|The recertification of a medical condition, for which the employee bears the cost, may be required during a leave year pursuant to the terms of the FMLA. A new certification of the employee’s serious health condition may be requested for that condition in each subsequent leave year. Such medical opinions are obtained off the clock.\n148|\n149|#### 515.6 Intermittent Leave or Reduced Schedule\n150|\n151|##### 515.61 New Son or Daughter\n152|\n153|Absences requested because of the birth and subsequent care of the employee’s newborn son or daughter or because of the placement of a son or daughter with the employee for adoption or foster care may be taken on an intermittent basis or reduced work schedule only if the request for such intermittent leave or schedule modification is approved by the supervisor. Eligibility for this leave expires 1 year after the birth or placement. Approval is based on employee need, Postal Service need, and costs to the Postal Service.\n154|\n155|##### 515.62 Care of Others for Medical Reasons or Employee Incapacitation\n156|\n157|Absences due to an employee’s own serious health condition, absences to care for a covered family member with a serious health condition or absences to care for a covered service member with a serious injury or illness may be taken on an intermittent basis or by establishing a reduced work schedule when medically necessary.\n158|\n159|##### 515.63 Exigency Leave\n160|\n161|Absences requested due to a qualifying exigency arising out of a covered family member’s federal call to covered active duty in the Armed Forces (see 515.2(g)) may be taken intermittently or on a reduced leave schedule.\n162|\n163|##### 515.64 Temporary Change in Duty Assignment\n164|\n165|If an employee requests intermittent leave or a reduced work schedule that is foreseeable based on planned medical treatment, the Postal Service may assign the employee, with equivalent pay and benefits, temporarily to the duties of another position consistent with applicable collective bargaining agreements and regulations if such an assignment better accommodates the recurring periods of absence.\n166|\n167|##### 515.65 Fair Labor Standards Act Status\n168|\n169|An employee exempt from the Fair Labor Standards Act (FLSA) normally may not take leave in less than 1–day increments. However, leave taken for an FMLA–covered reason on an intermittent basis or by temporarily establishing a reduced work schedule can be taken in less than 1–day increments without affecting the employee’s FLSA–exempt status.\n170|\n171|#### 515.7 Return to Position\n172|\n173|Employees whose absence is covered by the FMLA are normally entitled to return to the positions they held when the absence began, or to equivalent positions with equivalent pay, benefits, working conditions, and other terms of employment if they are able to perform the essential functions of the positions. Returning employees are not entitled to any right, benefit, or position to which they would not have been entitled had they not been absent, or to intangible, unmeasurable aspects of the job such as the perceived loss of potential for future promotional opportunities. If an employee was hired for a specific term or only to perform work on a discrete project, then there is no further reinstatement obligation under this section if the employment term or project is over and the employment would not have otherwise continued.\n174|\n175|#### 515.8 Benefits\n176|\n177|All benefits accrue to employees during an FMLA absence pursuant to the applicable provision of the ELM.\n178|\n179|#### 515.9 Family Leave Poster\n180|\n181|All postal facilities, including stations and branches, are required to conspicuously display WHD Publication 1420, _Employee Rights and Responsibilities Under the Family and Medical Leave Act._ It must be posted, and remain posted, on bulletin boards where it can be seen readily by employees and applicants for employment.\n182|\n183|| | | |\n184|| --- | --- | --- |\n185|| [](https://about.usps.com/manuals/elm/html/elmc5_004.htm \"Link to \\\"514 Leave Without Pay\\\"\") | [](https://about.usps.com/manuals/elm/html/elmc5_toc.htm \"Link to contents for \\\"5 Employee Benefits\\\"\") | [](https://about.usps.com/manuals/elm/html/elmc5_006.htm \"Link to \\\"516 Absences for Court‑Related Service\\\"\") | | |\n186|\n187|[Close menu](
https://about.usps.com/manuals/elm/html/elmc5_005.htm#pagewrapper)", "total_lines": 186, "file_size": 27547, "truncated": false, "is_binary": false, "is_image": false}