Home Page and
More! Home Page News
Photo Gallery
Meetings
Schedule Monthly
Planner Phone
Numbers Human
Relations Video
Stewards
Forum Chief
Stewards Forum

Steward
Online JOIN THE
UNION! Overtime
Questions FMLA
Questions Contract
Interpretation Step One Form
Information Request
Form Non
Member List Clerk
Seniority

Heatwave
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August
2004

Forms/Documents Contract
Local
Memorandums Local
Constitution Natl
Constitution FMLA
Forms Injured At
Work? 3971 Annual Leave
Donation Clerk Bid
Info Member
Scholarship Direct Deposit
COPA - Save Our
Jobs! PTF Hours Tracking
Sheet Flexible Spending Account
Claims

Outside
Links APWU.org
APWU
Store APWU Health
Plan Member
Benefits eReassign
Mutual
Swap Thrift
Savings Postal
Ease USPS.com AFL-CIO
Take
Action! Contact
Your Senator Contact Your
Representative

Have a question regarding
FMLA?
You should be able to find
your answer here.

QUESTIONS & ANSWERS

1: How much leave am I entitled to
under FMLA?

Response:  If you are an
"eligible" employee, you are entitled to 12 weeks of leave for
certain family and medical reasons during a 12-month
period.

2: How is the 12-month period
calculated under FMLA?

Response:  Employers may select one of
four options for determining the 12-month period:

the calendar year;

any fixed 12-month "leave year" such as a fiscal year, a
year required by state law, or a year starting on the
employee’s "anniversary" date;

the 12-month period measured forward from the date any
employee’s first FMLA leave begins; or

a "rolling" 12-month period measured backward from the
date an employee uses FMLA leave.

3: Does the law guarantee paid time
off?

Response:  No. The FMLA only
requires unpaid leave. However, the law permits an employee to
elect, or the employer to require the employee, to use accrued
paid leave, such as vacation or sick leave, for some or all of
the FMLA leave period. When paid leave is substituted for
unpaid FMLA leave, it may be counted against the 12-week FMLA
leave entitlement if the employee is properly notified of the
designation when the leave begins.

4: Does workers’ compensation leave
count against an employee’s FMLA leave
entitlement?

Response:  It can. FMLA leave and
workers’ compensation leave can run together, provided the
reason for the absence is due to a qualifying serious illness
or injury and the employer properly notifies the employee in
writing that the leave will be counted as FMLA leave.

5: Can the employer count leave
taken due to pregnancy complications against the 12 weeks of
FMLA leave for the birth and care of my child?

Response:  Yes. An eligible employee is
entitled to a total of 12 weeks of FMLA leave in a 12-month
period. If the employee has to use some of that leave for
another reason, including a difficult pregnancy, it may be
counted as part of the 12-week FMLA leave entitlement.

6: Can the employer count time on
maternity leave or pregnancy disability as FMLA
leave?

Response:  Yes. Pregnancy disability
leave or maternity leave for the birth of a child would be
considered qualifying FMLA leave for a serious health
condition and may be counted in the 12 weeks of leave so long
as the employer properly notifies the employee in writing of
the designation.

7: If an employer fails to tell
employees that the leave is FMLA leave, can the employer count
the time they have already been off against the 12 weeks of
FMLA leave?

Response:  In most situations, the
employer cannot count leave as FMLA leave retroactively.
Remember, the employee must be notified in writing that an
absence is being designated as FMLA leave. If the employer was
not aware of the reason for the leave, leave may be designated
as FMLA leave retroactively only while the leave is in
progress or within two business days of the employee’s return
to work.

8: Who is considered an immediate
"family member" for purposes of taking FMLA
leave?

Response:  An employee’s spouse,
children (son or daughter), and parents are immediate family
members for purposes of FMLA. The term "parent" does not
include a parent "in-law". The terms son or daughter do not
include individuals age 18 or over unless they are "incapable
of self-care" because of mental or physical disability that
limits one or more of the "major life activities" as those
terms are defined in regulations issued by the Equal
Employment Opportunity Commission (EEOC) under the Americans
With Disabilities Act (ADA).

9: May I take FMLA leave for visits
to a physical therapist, if my doctor prescribes the
therapy?

Response:  Yes. FMLA permits you to take
leave to receive "continuing treatment by a health care
provider," which can include recurring absences for therapy
treatments such as those ordered by a doctor for physical
therapy after a hospital stay or for treatment of severe
arthritis.

10: Which employees are eligible to
take FMLA leave?

Response:  Employees are eligible to
take FMLA leave if they have worked for their employer for at
least 12 months, and have worked for at least 1,250 hours over
the previous 12 months, and work at a location where at least
50 employees are employed by the employer within 75 miles.

11: Do the 12 months of service with
the employer have to be continuous or
consecutive?

Response:  No. The 12 months do not have
to be continuous or consecutive; all time worked for the
employer is counted.

12: Do the 1,250 hours include paid
leave time or other absences from work?

Response:  No. The 1,250 hours include
only those hours actually worked for the employer. Paid leave
and unpaid leave, including FMLA leave, are not included.

13: How do I determine if I have
worked 1,250 hours in a 12-month period?

Response:  Your individual record of
hours worked would be used to determine whether 1,250 hours
had been worked in the 12 months prior to the commencement of
FMLA leave. As a rule of thumb, the following may be helpful
for estimating whether this test for eligibility has been
met;

24 hours worked in each of the 52 weeks of the year; or

over 104 hours worked in each of the 12 months of the
year;or

40 hours worked per week for more than 31 weeks (over
seven months) of the year.

14: Do I have to give my employer my
medical records for leave due to a serious health
condition?

Response:  No. You do not have to
provide medical records. The employer may, however, request
that, for any leave taken due to a serious health condition,
you provide a medical certification confirming that a serious
health condition exists.

15: Can my employer require me to
return to work before I exhaust my leave?

Response:  Subject to certain
limitations, your employer may deny the continuation of FMLA
leave due to a serious health condition if you fail to fulfill
any obligations to provide supporting medical certification.
The employer may not, however, require you to return to work
early by offering you a light duty assignment.

16: Are there any restrictions on
how I spend my time while on leave?

Response:  Employers with established
policies regarding outside employment while on paid or unpaid
leave may uniformly apply those policies to employees on FMLA
leave. Otherwise, the employer may not restrict your
activities. The protections of FMLA will not, however, cover
situations where the reason for leave no longer exists, where
the employee has not provided required notices or
certifications, or where the employee has misrepresented the
reason for leave.

17: Can my employer make inquiries
about my leave during my absence?

Response:  Yes, but only to you. Your
employer may ask you questions to confirm whether the leave
needed or being taken qualifies for FMLA purposes, and may
require periodic reports on your status and intent to return
to work after leave. Also, if the employer wishes to obtain
another opinion, you may be required to obtain additional
medical certification at the employer’s expense, or
rectification during a period of FMLA leave. The employer may
have a health care provider representing the employer contact
your health care provider, with your permission, to clarify
information in the medical certification or to confirm that it
was provided by the health care provider. The inquiry may
not seek additional information regarding your health
condition or that of a family member.

18: Can my employer refuse to grant
me FMLA leave?

Response:  If you are an "eligible"
employee who has met FMLA’s notice and certification
requirements (and you have not exhausted your FMLA leave
entitlement for the year), you may not be denied FMLA
leave.

19: Will I lose my job if I take
FMLA leave?

Response:  Generally, no. It is unlawful
for any employer to interfere with or restrain or deny the
exercise of any right provided under this law. Employers
cannot use the taking of FMLA leave as a negative factor in
employment actions, such as hiring, promotions or disciplinary
actions; nor can FMLA leave be counted under "no fault"
attendance policies. Under limited circumstances, an employer
may deny reinstatement to work - but not the use of FMLA leave
- to certain highly-paid, salaried ("key") employees.

20: Are there other circumstances in
which my employer can deny me FMLA leave or reinstatement to
my job?

Response:  In addition to denying
reinstatement in certain circumstances to "key" employees,
employers are not required to continue FMLA benefits or
reinstate employees who would have been laid off or otherwise
had their employment terminated had they continued to work
during the FMLA leave period as, for example, due to a general
layoff.

Employees who give unequivocal notice that they do not
intend to return to work lose their entitlement to FMLA
leave.

Employees who are unable to return to work and have
exhausted their 12 weeks of FMLA leave in the designated "12
month period" no longer have FMLA protections of leave or job
restoration

Under certain circumstances, employers who advise employees
experiencing a serious health condition that they will require
a medical certificate of fitness for duty to return to work
may deny reinstatement to an employee who fails to provide the
certification, or may delay reinstatement until the
certification is submitted.

21: Can my employer fire me for
complaining about a violation of FMLA?

Response:  No. Nor can the employer take
any other adverse employment action on this basis. It is
unlawful for any employer to discharge or otherwise
discriminate against an employee for opposing a practice made
unlawful under FMLA.

22: Does an employer have to pay
bonuses to employees who have been on FMLA
leave?

Response:  The FMLA requires that
employees be restored to the same or an equivalent position.
If an employee was eligible for a bonus before taking FMLA
leave, the employee would be eligible for the bonus upon
returning to work. The FMLA leave may not be counted against
the employee. For example, if an employer offers a perfect
attendance bonus, and the employee has not missed any time
prior to taking FMLA leave, the employee would still be
eligible for the bonus upon returning from FMLA leave.

On the other hand, FMLA does not require that employees on
FMLA leave be allowed to accrue benefits or seniority. For
example, an employee on FMLA leave might not have sufficient
sales to qualify for a bonus. The employer is not required to
make any special accommodation for this employee because of
FMLA. The employer must, of course, treat an employee who has
used FMLA leave at least as well as other employees on paid
and unpaid leave (as appropriate) are treated.

23: Under what circumstances is
leave designated as FMLA leave and counted against the
employee's total entitlement?

Response:  In all circumstances, it
is the employer's responsibility to designate leave taken for
an FMLA reason as FMLA leave. The designation must be based
upon information furnished by the employee. Leave may not be
designated as FMLA leave after the leave has been completed
and the employee has returned to work, except if;

the employer is awaiting receipt of the medical
certification to confirm the existence of a serious health
condition;

the employer was unaware that leave was for an FMLA
reason, and subsequently acquires information from the
employee such as when the employee requests additional or
extensions of leave; or,

the employer was unaware that the leave was for an FMLA
reason, and the employee notifies the employer within two
days after return to work that the leave was FMLA
leave.

24: Can my employer count FMLA leave
I take against a no fault absentee policy?

Response:  No.

INFORMATION DERIVED
FROM THE DEPARTMENT OF LABOR WEBSITE.

[BACK
TO TOP]

You can now contribute to COPA online.  One
dollar per month could save your job.  Click
Here!

2004-2009 ©
COPYRIGHT PHOENIX METRO AREA LOCAL
ALL RIGHTS RESERVED.
3741 E. ATLANTA PHOENIX ARIZONA 85040
602-437-8173

Web Design and Maintenance by
Joseph M. Zamenick Jr. P/L
353