Clarification on Use of APWU FMLA Forms

(07/14/09) In response to a letter from the Postal Service stating that the APWU’s FMLA forms are not equivalent to the Department of Labor’s FMLA forms, the union has written the Postal Service clarifying our position on the use of the forms. Some managers have interpreted the USPS’s comments to mean that the APWU’s FMLA forms are unacceptable. This is not true. FMLA regulations do not require that certification be provided on any particular form, or in any particular format, as long as the information is complete and sufficient. Management must make a case-by-case determination if the documentation provided is complete and sufficient. If it’s not, they are required to explain to the employee, in writing, what they must do to make the form complete and sufficient. They cannot require the use of the optional DOL forms. In addition, the optional DOL forms contain space for doctors to provide information that is not required by the regulations. The APWU continues to encourage our members to use the APWU forms.

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