FMLA HIGHLIGHTS
“ Return to Duty a fter Absence for
Medical ReasonsNew Leave Year Eligibility”
A r ecent court decision from the United States Court of Appeals f o r the Seventh Circuit
Employees must meet eligibility requirements at the time of their first absence for each condition in the new leave year. The 2006 leave year began January 7, 2006.
Eligibility requirements are:
1250 work hours for the 26 pay periods preceding the date of the absence.
One (1) year of Postal Service employment.
EXAMPLES:
Employee requested FMLA protected leave for absence of 10/02/05 to 12/15/05. Employee submitted proper documentation, met eligibility requirements and was approved for FMLA protection. The documentation stated it would be necessary for the employee to miss additional time for follow up treatment in January, February and March. Employee request absence on 01/15/06 as FMLA protected. Review of work hours in TACS shows employee has entered on duty date of 02/03/86 and 1150 work hours for the past 26 pay periods as of 01/07/06.
Question: Is the employee eligible for FMLA protection since the condition was approved in the prior leave year?
Answer: No. Eligibility must be established in the new leave year at the time of the first absence.
Consider the same information above, except the employee requests leave on February 15, 2006 and his work hours have increased to 1300 for the 26 pay periods preceding the absence.
Question: Is the employee eligible for this absence and can you request additional documentation to support absence?
Answer: Yes to both. Since the employee’s work hours have increased to 1250 or more the employee is eligible. This absence would be protected however the previous absence in January would still be unprotected. Additionally, any future absences during the 2006 leave year for this samecondition would not require the employee to meet the eligibility requirements. Additional documentation could be requested, but should be determined on a case by case basis.
Any questions concerning the above information should be directed to the Louisiana District FMLA Coordinator, Robin Albrecht, (504) 712-1880. ruled that the return to work provisions of the ELM were consistent with the Family and Medical Leave Act (FMLA). This decision allows the Postal Service to once again apply return-to-work rules in ELM 865 requiring an employee to undergo a physical examination and provide satisfactory medical evidence that the employee may return to work without hazard to the employee or others. Previously, employers were limited to a statement from the employee’s health care provider that the employee could return to duty with no restrictions. Since this ruling, Managers and Supervisors will be able to enforce the ELM provisions which define documentation requirements. (ELM 865.4) Keep in mind the following ELM provisions regarding bargaining and non-bargaining unit employees:
865.2Intermittent or Reduced Schedule Leave Under FMLA
In the case of bargaining unit employees using intermittent or reduced schedule leave for a condition covered under the FMLA, the occupational health nurse administrator, occupational health nurse, and/or the Postal Service’s physician shall decide under what circumstances employees must submit return-to-work documentation for subsequent absences for that condition. Only the Postal Service’s physician can make the final authorization for requiring return-to-work clearance after subsequent absences.
865.3 Non - bargaining Unit Employees Returning After FMLA Absence
To return to work from an FMLA-covered absence because of their own incapacitation, non - bargaining unit employees must provide certification from their health care provider that they are able to perform the essential functions of their positions with or with out limitations.
When making a determination requiring r eturn to w ork documentation, you must consider the essential functions of the employee ’s job, the nature of the medical condition or procedure involved, guidance from the Occupational Health Nurse Administrator, Occupational Health Nurse, and/or the Postal Service ’s physician regarding the condition or procedure involved , and any other reliable and objective information to make an individualized assessment whether there is a reason to require the return to work documentation.
Any questions concerning the above information should be directed to the Louisiana District FMLA Coordinator, Robin Albrecht, (504) 589-1773.