This page is designed to explain the Family Medical Leave Act (FMLA), give guidelines for conditions which may qualify for leave protection under FMLA, and provide tips for moving through through the process of applying for this important protection.
To view or print the FMLA certification form for one's own serious medical condition, click here.
To view or print the FMLA certification form for the serious medical condition of one's family member, click here.
Note that both of these forms can be filled in before printing out, so that an employee can complete their part of the form before printing and presenting to medical personnel.
To view or print a PDF copy of the Department of Labor FMLA employee guide, click here.
For complete official information on the Family Medical Leave Act, including links to all pertinent current government laws, interpretive rulings, frequently asked questions, postings, pamphlets, forms, updates, go to www.dol.gov/whd/fmla/.
M-01866 is a memorandum of understanding which was signed in November of 2015 by the NALC and the Postal Service. It gives a mutual agreement to the interpretation of several fine points in applying the FMLA. Included are passages referring to demanding documentation for absences, issues related to service members, and other information important for specific circumstances of members. A PDF copy of this MOU can be read and printed by clicking here.
To view or print the FMLA certification form for the serious medical condition of one's family member, click here.
Note that both of these forms can be filled in before printing out, so that an employee can complete their part of the form before printing and presenting to medical personnel.
To view or print a PDF copy of the Department of Labor FMLA employee guide, click here.
For complete official information on the Family Medical Leave Act, including links to all pertinent current government laws, interpretive rulings, frequently asked questions, postings, pamphlets, forms, updates, go to www.dol.gov/whd/fmla/.
M-01866 is a memorandum of understanding which was signed in November of 2015 by the NALC and the Postal Service. It gives a mutual agreement to the interpretation of several fine points in applying the FMLA. Included are passages referring to demanding documentation for absences, issues related to service members, and other information important for specific circumstances of members. A PDF copy of this MOU can be read and printed by clicking here.
Notes, Tips, and Recommendations Regarding Use of FMLA by Branch Members
The first and foremost thing to know about FMLA (Family Medical Leave Act) is that it is there to PROTECT you. FMLA absences cannot be used against you when evaluating attendance for discipline, or for removing you from an assignment. That being said, it is wise to use this protection every time it is appropriate, and at no time when it would be inappropriate. It is also wise to consult with your shop steward any time that a supervisor or manager makes demands that you are uncomfortable with regarding absences; they might have a right to do so, and they might not. Get informed, and use the resources available to you.
Calling off:
Calling off for an FMLA condition starts the same as a regular call off; dialing the automated system at 1-877-477-3273, option 4, gets things rolling. After going through the privacy act message and the opening questions, you will be asked if you have an FMLA case number covering your absence. If you do, you will be prompted to enter your number, then proceed with the FMLA question of what type of leave you want (SL, AL, or LWOP), and then the specifics that are asked in any call off (number of hours, star time, etc.). If you do not have a number, the system will ask if you have any of the qualifying conditions for an FMLA absence; if you answer yes, you will asked if the condition is yours or for a family member, and will be sent a certification form and assigned a case number. The system will then proceed with the rest of the call-off. The form will arrive in a few days (or you can print the same form from the DOL yourself), and has sections to filled out by you and your doctor. You have 14 days to return the form to the postal FMLA coordinator for case approval. Sounds fairly straightforward, right? Well, it should be, but there are several things to remember, and several tips for using FMLA protection correctly.
Problems to avoid or work through:
If the system does not recognize your certification number, first try to enter it again. If that doesn't work, your case may have expired through the time that your doctor estimated the condition to last, or may have been flagged for recertification. In either case, DO NOT PANIC - a new form probably needs to be completed by the doctor. As long as it done in a timely manner, a doctor who got a certification accepted should be able to do it again. If it is a recert/renewal, use the same case number as before and make sure to note on the form that it is a renewal for that case number; sometimes there is confusion at shared services about new vs renew cases, especially when they try to assign new numbers to cases which should be recerts/renewals.
Many certifications are denied due to not being timely. Remember that you have 14 days to get a certification to the postal FMLA coordinator, and 7 days to return an updated form after an initial denial. You can also request an extension; this option is available by using the call off number (1-877-477-3273) and following the prompts to get to shared services and requesting an extension. This can be essential, as doctors do not work on a schedule to accommodate postal administrators, and employees have often returned to work while still trying to get their certification approved.
Certifications are often initially denied for technicalities. Please keep in mind that your form is more likely to get approved if all questions are answered, even if the answer is "not applicable." Also, questions asking for things like duration of illness or episodes are better received if actual numbers are entered instead of things like "varies," or "indeterminate." A range of numbers, even if they mean the same thing in a practical sense (like episode could last 4-24 hours; 1-7 days; 1-10 times per months; chronic illness expected to last 30+ years), generally get approved more consistently.
If you initially take SL, or AL due to being out of SL, for absences that are later approved as FMLA, and want to change any of these to leave without pay, initiate this process as soon as possible. This must be done through local management - shared services will not change leave status. Keep in mind that if you are paid for leave and change it to LWOP, you will be required to pay back to USPS this money, possibly through a letter of demand/direct account payment, or through a payroll deduction. In the past, supervisors/station managers have agreed to substitute LWOP for an employee's next day of AL in this situation (and in so doing have saved time and paperwork for all involved), but this has not been done recently.
When you return to work, you will be expected to hand in a time off slip. While you may be given a pre-printed slip generated by your call off, you have the option of filling out one yourself. This gives you the opportunity to ensure that the leave request you document is for the type you wanted, and the information (amount of hours, FMLA status, etc.) is accurate. While signing the pre-printed form is more convenient, it is highly recommended that you CAREFULLY review all of the information on it before signing and handing it in, if you choose to use that form.
Tips to make your certification process smoother:
You do not have to wait for a certification form to arrive from shared services - they can be printed from the DOL website or by using the links on this page. If you know that you will need a form filled out, you can take it to the doctor when you see him/her right away instead of going back later. When your form arrives from shared services, you can then simply add the case number and first page information (or switch out page one), and send the form in. This will save time in staying within deadlines, as well as the effort of going to the doctor's office extra times just for the form.
Make sure that you are using the correct form - form WH-380-E is for your condition, and WH-380-F is for conditions of family members. They look the same in appearance, but there are differences in the questions.
Send your information using a trackable method (delivery confirmation, certified, etc). Send it yourself - do not allow your form to be denied because it got buried under paperwork on a supervisors desk. Be able to document that you stayed within time deadlines.
Consult your shop steward or union rep if encountering any problems or questions regarding your case. If you talk to shared services, confirm their advice with union personnel.
Do not panic or be intimidated if your certification is initially denied. Just be aware of the time deadlines. Many denials occur because of technicalities in filling out the form, such as the doctor leaving an irrelevant question with a blank answer. Keep in mind that your doctor is on your side, and probably does not like to be questioned by administrators, and write and nice note explaining what needs to be added to the form for approval.
Reminders:
FMLA applies to illnesses to yourself, as well in caring for incapacities of your spouse (or legal life partner), children under 18 (or older if they have a qualifying disability), and parents who live with you.
Many doctor offices charge a fee to complete forms. By the DOL guidelines, the employee is responsible to pay the fee.
Employees can use annual leave, sick leave, or leave without pay for FMLA absences. However, only ten days of sick leave (that is, sick leave dependent care) can be used if the condition is for a family member. To be clear, you are still eligible for up to 12 work weeks of FMLA protection to care for a family member - up to ten days of it can be SLDC, with the rest being either LWOP or AL.
You need to have worked 1250 hours in the past year to be eligible for FMLA protection - roughly 6 months of full time employment. Be mindful of this if you have already been out for a long time (for a different reason), or have not been here very long. CCA's are eligible as long as they meet this requirement.
Calling off:
Calling off for an FMLA condition starts the same as a regular call off; dialing the automated system at 1-877-477-3273, option 4, gets things rolling. After going through the privacy act message and the opening questions, you will be asked if you have an FMLA case number covering your absence. If you do, you will be prompted to enter your number, then proceed with the FMLA question of what type of leave you want (SL, AL, or LWOP), and then the specifics that are asked in any call off (number of hours, star time, etc.). If you do not have a number, the system will ask if you have any of the qualifying conditions for an FMLA absence; if you answer yes, you will asked if the condition is yours or for a family member, and will be sent a certification form and assigned a case number. The system will then proceed with the rest of the call-off. The form will arrive in a few days (or you can print the same form from the DOL yourself), and has sections to filled out by you and your doctor. You have 14 days to return the form to the postal FMLA coordinator for case approval. Sounds fairly straightforward, right? Well, it should be, but there are several things to remember, and several tips for using FMLA protection correctly.
Problems to avoid or work through:
If the system does not recognize your certification number, first try to enter it again. If that doesn't work, your case may have expired through the time that your doctor estimated the condition to last, or may have been flagged for recertification. In either case, DO NOT PANIC - a new form probably needs to be completed by the doctor. As long as it done in a timely manner, a doctor who got a certification accepted should be able to do it again. If it is a recert/renewal, use the same case number as before and make sure to note on the form that it is a renewal for that case number; sometimes there is confusion at shared services about new vs renew cases, especially when they try to assign new numbers to cases which should be recerts/renewals.
Many certifications are denied due to not being timely. Remember that you have 14 days to get a certification to the postal FMLA coordinator, and 7 days to return an updated form after an initial denial. You can also request an extension; this option is available by using the call off number (1-877-477-3273) and following the prompts to get to shared services and requesting an extension. This can be essential, as doctors do not work on a schedule to accommodate postal administrators, and employees have often returned to work while still trying to get their certification approved.
Certifications are often initially denied for technicalities. Please keep in mind that your form is more likely to get approved if all questions are answered, even if the answer is "not applicable." Also, questions asking for things like duration of illness or episodes are better received if actual numbers are entered instead of things like "varies," or "indeterminate." A range of numbers, even if they mean the same thing in a practical sense (like episode could last 4-24 hours; 1-7 days; 1-10 times per months; chronic illness expected to last 30+ years), generally get approved more consistently.
If you initially take SL, or AL due to being out of SL, for absences that are later approved as FMLA, and want to change any of these to leave without pay, initiate this process as soon as possible. This must be done through local management - shared services will not change leave status. Keep in mind that if you are paid for leave and change it to LWOP, you will be required to pay back to USPS this money, possibly through a letter of demand/direct account payment, or through a payroll deduction. In the past, supervisors/station managers have agreed to substitute LWOP for an employee's next day of AL in this situation (and in so doing have saved time and paperwork for all involved), but this has not been done recently.
When you return to work, you will be expected to hand in a time off slip. While you may be given a pre-printed slip generated by your call off, you have the option of filling out one yourself. This gives you the opportunity to ensure that the leave request you document is for the type you wanted, and the information (amount of hours, FMLA status, etc.) is accurate. While signing the pre-printed form is more convenient, it is highly recommended that you CAREFULLY review all of the information on it before signing and handing it in, if you choose to use that form.
Tips to make your certification process smoother:
You do not have to wait for a certification form to arrive from shared services - they can be printed from the DOL website or by using the links on this page. If you know that you will need a form filled out, you can take it to the doctor when you see him/her right away instead of going back later. When your form arrives from shared services, you can then simply add the case number and first page information (or switch out page one), and send the form in. This will save time in staying within deadlines, as well as the effort of going to the doctor's office extra times just for the form.
Make sure that you are using the correct form - form WH-380-E is for your condition, and WH-380-F is for conditions of family members. They look the same in appearance, but there are differences in the questions.
Send your information using a trackable method (delivery confirmation, certified, etc). Send it yourself - do not allow your form to be denied because it got buried under paperwork on a supervisors desk. Be able to document that you stayed within time deadlines.
Consult your shop steward or union rep if encountering any problems or questions regarding your case. If you talk to shared services, confirm their advice with union personnel.
Do not panic or be intimidated if your certification is initially denied. Just be aware of the time deadlines. Many denials occur because of technicalities in filling out the form, such as the doctor leaving an irrelevant question with a blank answer. Keep in mind that your doctor is on your side, and probably does not like to be questioned by administrators, and write and nice note explaining what needs to be added to the form for approval.
Reminders:
FMLA applies to illnesses to yourself, as well in caring for incapacities of your spouse (or legal life partner), children under 18 (or older if they have a qualifying disability), and parents who live with you.
Many doctor offices charge a fee to complete forms. By the DOL guidelines, the employee is responsible to pay the fee.
Employees can use annual leave, sick leave, or leave without pay for FMLA absences. However, only ten days of sick leave (that is, sick leave dependent care) can be used if the condition is for a family member. To be clear, you are still eligible for up to 12 work weeks of FMLA protection to care for a family member - up to ten days of it can be SLDC, with the rest being either LWOP or AL.
You need to have worked 1250 hours in the past year to be eligible for FMLA protection - roughly 6 months of full time employment. Be mindful of this if you have already been out for a long time (for a different reason), or have not been here very long. CCA's are eligible as long as they meet this requirement.
