FMLA TRAINING PRESENTED BY

1. FMLA TRAINING PRESENTED BY STEVE ALBANESE ASSISTANT DIRECTOR LEGISLATION AMERICAN POSTAL WORKERS UNION, AFL-CIO Updated February 7, 2005

2. THE BASICS • 1 YEAR OF EMPLOYMENT (825.110) • 1250 WORK HOURS IN PRIOR 12 MONTHS (825.110) • SERIOUS HEALTH CONDITION (825.114) • LWOP OPTION OF EMPLOYEE (step 4 Q90-4QC95048663) (Pg. 110-111 CBR) • 12 WEEKS PER LEAVE YEAR (825.200) • SON, DAUGHTER, PARENT OR SPOUSE (825.113) • PUBLICATION 71 (825.301) • PROHIBITION AGAINST DISCIPLINE (825.220)

3. EMPLOYEE RESPONSIBILITIES • INFORM SUPERVISOR WITHIN 2 BUSINESS DAYS (825.303) • ADVANCE NOTIFICATION WHEN POSSIBLE (825.302) • PROVIDE DOCUMENTATION WHEN REQUIRED (825.305) • PARTICPATE IN 2ND OR 3RD DOCTOR EVALUALTION WHEN REQUIRED (825.307)

4. SUPERVISOR REPONSIBILITIES • DETERMINE ELIGIBILITY (825.110) • DESIGNATE THE ABSENCE AS FMLA (825.208) • DOCUMENTATION REQUIREMENTS (825.305 & 306) • PROVIDE NOTIFICATION TO EMPLOYEE IN 2 BUSINESS DAYS (825.208 & 301) IF ORAL FOLLOWED IN WRITING BY NEXT PAYDAY • PROTECT RECORDS (825.500) • 3971 (825.301) • PUBLICATION 71 (825.301)

5. SERIOUS HEALTH CONDITIONS (825.114) • OVERNIGHT HOSPITAL STAY • ABSENCE OF MORE THAN THREE DAYS PLUS TREATMENT • PREGNANCY • CHRONIC CONDITIONS REQUIRING TREATMENTS • PERMANENT LONG TERM CONDITIONS REQUIRING SUPERVISION • MULTIPLE TREATMENTS (NON CHRONIC)

6. Hospital Stay • Inpatient care (i.e.. Overnight stay) in a hospital, hospice or residential medical care facility • This includes any period of incapacitation or any subsequent treatment in connection with such inpatient care

7. Absence Plus Treatment • A period of incapacity of more than three consecutive days that also involves: • Treatment two or more times by a health care provider • Treatment ONCE by a Health care provider which results in a regimen of treatment under his supervision e.g. Therapy, prescribed medication or follow up exams

8. PREGNANCY • ANY PERIOD OF INCAPACITATION RELATING TO PREGNANCY OR PRENATAL CARE

9. CHRONIC CONDITIONS REQUIRING TREATMENT • REQUIRES PERIODIC VISITS FOR TREATMENT • CONTINUES OVER AN EXTENDED PERIOD OF TIME • MAY CAUSE EPISODIC PERIOD OF INCAPACITY • e.g. ASTHMA. DIABETES, EPILEPSY

10. PERMANENT LONG TERM CONDITIONS • A CONDITION FOR WHICH TREATMENT MAY NOT BE EFFECTIVE • EMPLOYEE OR FAMILY MEMBER MUST BE UNDER CONTINUING MEDICAL SUPERVISION BUT NEED NOT BE RECEIVING ACTIVE TREATMENT • e.g. ALZHEIMERS, SEVERE STROKE OR FINAL STAGES OF A TERMINAL CONDITION

11. MULTIPLE TREATMENTS NON-CHRONIC • MUTIPLE TREATMENTS BY, OR UNDER THE SUPERVISION OF A HEALTH CARE PROVIDER • PHYSICAL THERAPY FOLLOWING AN ACCIDENT, INJURY OR ILLNESS • CHEMOTHERAPY OR RADIATION • TREATMENTS FOR A CONDITION THAT COULD LEAD TO ABSENCES OF THREE OR MORE DAYS IN THE ABSENCE OF SUCH MEDICAL INTERVENTION • e.g. KIDNEY DIALYSIS

12. NEW DEVELOPMENTS • MAKE WHOLE AWARDS-WORK HOUR CREDITS ARE RESTORED IF THE DISCIPLINARY ACTION IS REVERSED AND THOSE HOURS WILL NOW COUNT TOWARD THE 1250 REQUIREMENT (step 4 J94c-1L-c97069215….Page 120 CBR) • REQUALIFY ON 1250 IN EACH NEW LEAVE YEAR (DOL letter dated 9/11/00…Pages 138-142 CBR) • ROLLING QUALIFICATION FOR INTERMITTENT ABSENCES IF CHRONIC CONDITION WAS CERTIFIED IN THAT LEAVE YEAR AND CIRCUMSTANCES HAVE NOT CHANGED (DOL letter dated 9/11/00)

13. RECENT DEVELOPMENTS • DAS AWARD Q00C-4Q-C 03126482 • MGT CANNOT DEMAND INFO ON NATURE OF ILLNESS WHEN YOU CALL IN • EMPLOYEES NEED NOT REQUEST 3RD DOCTOR EVALUATION • MEDICAL EVIDENCE MAY BE REQUIRED WHEN ABSENCE EXCEEDS 3 DAYS IF REQUESTING PAID LEAVE

14. MILITARY LEAVE • TIME SPENT ON MILITARY LEAVE NOW COUNTS TOWARD THE 1250 WORK HOUR REQUIREMENT. • SEE THE JOINT CONTRACT INTERPRETATION MANUAL BOTTOM OF PAGE 15 OF ARTICLE 10. • MILITARY TIME IS TREATED AS HOURS WORKED.

15. ISSUES IN DISPUTE • RETURN TO DUTY AFTER CERTAIN CHRONIC CONDITIONS OR AFTER ABSENCE OF MORE THAN 21 DAYS • REVISED PUB 71

16. RETURN TO DUTY • NATIONAL ARB PENDING IN REVISED PUB 71 (7 DEADLY SINS) • FEDERAL COURT ACTION PENDING ON PUB 71 REVISIONS • QUESTION…CAN THE POSTAL SERVICE DIMINISH RIGHTS UNDER THE LAW BY RELYING ON MORE STRINGENT INTERNAL REGS (e.g. fitness for duty/extensive medical reports) (825.207h, 305.e,700, 701 &702) (Routes v. Henderson & Albert v. Runyon)

17. FMLA COORDINATOR • THE DOL ISSUED REVISED GUILDLINES RECOGNIZING THE EMPLOYER’S RIGHT TO HAVE FMLA COORDINATORS • THE FMLA COORDINATOR CAN REVIEW AND RETAIN RESTRICTED MEDICAL RECORDS RELATING TO THE FMLA CONDITION (ASM revised 8/2/00 & Dr. Reid letter dated 4/16/01)

18. DOCUMENTATION REQUIREMENTS • ABSENCES OF 3 DAYS OR LESS SHOULD NOT REQUIRE DOCUMENTATION IF THE CONDITION IS PRECERTIFIED AND THE CIRCUMSTANCES HAVE NOT CHANGED • INTERMITTENT ABSENCES OF MORE THAN 3 DAYS MAY REQUIRE ADDITIONAL DOCUMENTATION IF THE EMPLOYEER REQUESTS PAID LEAVE IN LIEU OF UNPAID LEAVE (Das award Q00C-4Q-C-03126482) • TERM OF CERTIFICATION DETERMINED BY HEALTH CARE PROVIDER. (825.308 AND PAGE 46 OF Training Manual)

19. DIAGNOSIS/PROGNOSIS • NEITHER FMLA COORDINATORS OR SUPERVISORS CAN REQUIRE THE DISCLOSURE OF A DIAGNOSIS OR PROGNOSIS TO APPROVE FMLA (Dr. Reid letter dated 6/22/95 , 825.306 and recent DAS award) • BOTH HOWEVER CAN REVIEW INFORMATION THAT IS CONTAINED ON THE FMLA FORMS WHEN CONSIDERING THE ABSENCE • IF THE FORM HAS MEDICAL INFORMATION IT MUST BE TREATED AS A RESTRICTED RECORD AND CANNOT BE KEPT BY THE SUPERVISOR. These records can be maintained in the medical unit or secured under the control of the FMLA coordinator.