FMLA

APWU FMLA FORMS TEMPORARILY "DE-LINKED" FROM WEBSITE

Need FMLA Forms?

DOL WH-380-E

(employee)

DOL WH-380-F

(family member)

APWU #1

(employee)

APWU #2

(family member)

APWU #3

(exigency military)

APWU #4

(caregiver military)

Many LV Local members are reporting problems getting their FMLA certifications accepted. More often then not their completed APWU FMLA forms are returned to them as incomplete by the FMLA Coordinator in Harrisburg. The Coordinator also includes a highlighted Department of Labor for WH-380 with instructions to fill out the highlighted portions. Obtaining FMLA certification is supposed to be a simple and painless process. However, it is clear that the USPS FMLA Coordinators are attempting to frustrate members to the point that they give up their attempt to get FMLA certification. In some cases the FMLA Coordinators are telling members that the APWU forms are "unacceptable" and that a WH-380 must be submitted.

Make no mistake - The APWU FMLA forms are proper FMLA forms which have been accepted by the USPS at the National Level. In fact, any form is acceptable as long as the necessary information is included. A member could request FMLA using a Kleenex as long as all the needed info is present.

If the APWU Forms are OK, why has the local stopped handing them out? The LV Local stands by the notion that the forms are valid and acceptable. We are working within the avenues available to us to rectify this problem. Until this dispute is resolved, the Coordinators will continue to reject FMLA forms. We are confident that this will be resolved in our favor. However, until then the only person suffering is the member who is forced to make a second (or third) trip to the doctor with a new form.

The LV Local is recommending that, for the time being, members use the Dept. of Labor form WH-380 for their initial FMLA certification request. This will remove a major obstacle to acceptance of the condition and deprive the FMLA Coordinators of their "technical" objection. The Dept of Labor form is available in two forms: WH-380-E for an employees own condition and WH-380-F for a family members condition. These forms can be downloaded using the links to the right.

NEW APWU FMLA FORMS AVAILABLE

The new APWU FMLA forms are now available for use by the members. The forms have been modified to include all additional information required by the recent changes to the Family Medical Leave Act. Members are encouraged to use the APWU forms in lieu of the Dept. of Labor forms.

FMLA - The Basics:

In order for an employee to protect absences under the Family Medical Leave Act, there are three basic provisions that must be met: Eligibility, Availability, and Certification. If an employee meets all three of these criteria they may avail themselves of FMLA protections.

Eligibility - The employee must have worked at least 1250 hours during the 12 months prior to the date of the requested leave.
Availability - Employees are entitled to use, up to, 12 weeks (480 hours) of FMLA protection per calendar year. Once the 480 hours have been exhausted, the employee will not be entitled to FMLA for the remainder of the year.
Certification - Lastly, an employee, or covered family member, must have a "Serious Health Condition" certified by a physician.
The Benefit - Employees cannot be disciplined for unscheduled absences which are FMLA protected.

Scheduled vs Unscheduled Absences, an article by Andy Kubat

Some employees have been getting the FMLA runaround lately when attempting to get FMLA coverage for absences requested in advance. In some instances the employees have been told by their supervisors to request FMLA only to have the FMLA coordinator deny their requests. The reasons for denial range from “incomplete documentation”, “illegible handwriting”, and “incomplete diagnosis” to demands for disclosure of information not required by the Family Leave Act. The end result is clerks jumping through hoops to satisfy the FMLA coordinator in order to receive FMLA protection for their absences. But is that protection always needed? Read the rest of the article...