The following article comes to us from a NAPS article entitled ‘Pay Agreement Makes Positive Steps’ – By Jimmy Warden – NAPS Secretary/Treasurer

I would like to address a concern I have heard recently while attending branch meetings and training seminars regarding the Family and Medical Leave Act (FMLA). I am hearing that when EAS employees call in to eRMS for SL/FMLA, their time is being changed to LWOP/FMLA.

If you noticed in the November issue of The Postal Supervisor, the FMLA poster from the Department of Labor Hour and Wage Division was included on page 35. We published the poster to get the message out that what some managers are doing is totally wrong. A superior is not allowed to change your requested leave you want to use when it is FMLA-covered.

I am hearing leave is being changed so the sick leave ratio is lower as they change the leave to LWOP. This is wrong and is against the law! The regulation reads: “FMLA is not paid leave, but you may choose, or be required by your employer, to use any employer-provided paid leave if your employer’s paid leave policy covers the reason for which you need FMLA leave.”

The Postal Service—your employer—has a paid leave policy. Therefore, you are entitled to use paid leave when on FMLA. Should your superior tell you differently, show them a copy of the poster of regulations by the Department of Labor Hour and Wage Division from the November issue. If the situation is not corrected, contact your NAPS local branch president.

When approached with this situation, local branch presidents should contact their respective Human Resources manager. All members should take a few moments and reread page 35 regarding the FMLA Department of Labor Hour and Wage Division rules. These are your rights!

Full article may be found at PEN here