Ive been working six days a week for the last 2.5 months. Have had to cancel appointments. Because every time i ask for a day off, the pm claims someone got their paperwork in before me. So today i turned in requests for sick leave for the next four thursdays. Now she claims she is going to file fmla...and that she has the right to see documentation since im taking that many days off...
taking sick days
- Thread starter johnwayne
- Start date
Deer Smearer
Well-known member
She doesn't have the right to see anything related to your health.
Last edited:
Windindaface
Well-known member
From APWU...
Family and Medical Leave Information
To be eligible for FMLA leave, an employee must have been employed by the employer at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the employer employs 50 or more employees within 75 miles.
Another citing outside of the USPS....
Employer Rights
Family and Medical Leave Information
Under the family and medical leave act of 1993 (FMLA), eligible employees of the U.S. Postal Service are entitled to receive unpaid leave for qualified medical and family reasons. Qualified medical and family reasons include: personal or family illness, pregnancy, adoption, or the foster-care placement of a child.
The FMLA is intended “to balance the demands of the workplace with the needs of families.” It allows eligible employees to take up to 12 work weeks of unpaid leave during any 12-month period to attend to the serious health condition of the employee, his or her parent, spouse or child, or for pregnancy or care of a newborn child, or for adoption or foster care of a child.To be eligible for FMLA leave, an employee must have been employed by the employer at least 12 months, and worked at least 1,250 hours over the past 12 months, and work at a location where the employer employs 50 or more employees within 75 miles.
Another citing outside of the USPS....
Employer Rights
Employers have the right to force an employee to begin using FMLA leave if it is believed the employee has a qualifying condition. In the case Knox v. the City of Monroe, the court held in favor of an employer who requested that an employee take FMLA leave. When the employee refused to take the leave the employer subsequently fired her for excessive absences, and the court supported the employer's actions. Employers also are not required to inform employees that their jobs may be in jeopardy if they fail to take FMLA leave. An employer is required to inform an employee only of the necessity to take leave for a given condition.Employees have the right to be informed that a medical condition or situation qualifies them for leave if they meet the employment requirements of FMLA. Employers can require them to use paid leave concurrently with FMLA leave. Employees must provide physician certification of a qualifying condition but must also be informed by the employer of the deadline required for the paperwork. This deadline is generally 15 days. Employers have five days to respond to an employee's request for FMLA. If an employer fails to respond, an employee may be afforded extra leave because the official FMLA clock has not yet begun.
Since they are asking you......Next time you are aware of PM going on a vaycay or medical visits, poke at their hive. Where is your leave slip? Who signs it? Also show me the DR note so I have proof you were out for the day a medical appointment. 
Put in for the FMLA. You'll be protected.
But,
"To be eligible for FMLA leave, an employee must have been employed by the employer at least 12 months, and worked at least 1,250 hours over the past 12 months..."
So, if you are a sub, you may not qualify.
Also, you have a grievance for disparate treatment if any discipline is issued due to your TAKING EARNED LEAVE.
But,
"To be eligible for FMLA leave, an employee must have been employed by the employer at least 12 months, and worked at least 1,250 hours over the past 12 months..."
So, if you are a sub, you may not qualify.
Also, you have a grievance for disparate treatment if any discipline is issued due to your TAKING EARNED LEAVE.
johnwayne -- "Ive been working six days a week for the last 2.5 months. Have had to cancel appointments. Because every time i ask for a day off, the pm claims someone got their paperwork in before me. So today i turned in requests for sick leave for the next four thursdays. Now she claims she is going to file fmla...and that she has the right to see documentation since im taking that many days off... "
-- Politely ( or otherwise ) ask to see the other person's leave chit -- just to make sure one was submitted. If told no, contact the Assistant District Representative who might have better luck.
-- Actually you are the one who should be filing for FMLA. Heed what "Oi veh" posted. If you don't qualify, there is the unscheduled leave number to be used. Just get a doctor's note as manglement will no doubt be asking for one although a note is not really needed for one day's absence.
-- If you are able to get FMLA, don't bother telling the PM that it is a FEDERAL program and messing with you could lead to problems for the PM.
-- You can say that the "excessive" days off would not be needed had previous requests been honored.
-- While at it, request an EAP because you are feeling the stress from working 6 days a week for months. Your body is breaking down and need to see a doctor.
-- Politely ( or otherwise ) ask to see the other person's leave chit -- just to make sure one was submitted. If told no, contact the Assistant District Representative who might have better luck.
-- Actually you are the one who should be filing for FMLA. Heed what "Oi veh" posted. If you don't qualify, there is the unscheduled leave number to be used. Just get a doctor's note as manglement will no doubt be asking for one although a note is not really needed for one day's absence.
-- If you are able to get FMLA, don't bother telling the PM that it is a FEDERAL program and messing with you could lead to problems for the PM.
-- You can say that the "excessive" days off would not be needed had previous requests been honored.
-- While at it, request an EAP because you are feeling the stress from working 6 days a week for months. Your body is breaking down and need to see a doctor.
the thing is..i actually just need days off. being an rca..i have another home based business..that is getting neglected..and needs some attention. Not to mention my wife is working 70 hours a week also..so the kids are being neglected. it is just turning in to a terrible situation..so i dont need fmla. i do need to go to the dentist..but most of all. i just need to get my life back in order.
Understood.
Then go for EAP if you are taking the sick leave. If your PM is going to threaten you with a good time because you are taking time for your health, then show her that you will not be bullied.
Otherwise, take annual. And grieve if not approved.
I understand that you are being worked to death. I am only suggesting remedies for taking days off.
Then go for EAP if you are taking the sick leave. If your PM is going to threaten you with a good time because you are taking time for your health, then show her that you will not be bullied.
Otherwise, take annual. And grieve if not approved.
I understand that you are being worked to death. I am only suggesting remedies for taking days off.
if i werent 47..and 2-5 months from getting to reg..id be outta here..
formerlyknownas
Well-known member
Let me ask this question please. If I'm going out on surgery on July 1 and have filled out FMLA papers and sent to my doc do I still need to fill out the form for missing days and give to super (who does know about the surgery and instigated the FMLA papers). Thank you. I could have asked him, but he wasn't in today
DB.Cooper
Well-known member
If you have FMLA approved for your surgery and/or underlying condition... then you just submit your leave form for the days you need off... and on the leave form, check the sick leave box, and then in the next column over on the leave form, check the FMLA box... submit this as soon as you know the dates that you need off... and good luck with everything!!!Let me ask this question please. If I'm going out on surgery on July 1 and have filled out FMLA papers and sent to my doc do I still need to fill out the form for missing days and give to super (who does know about the surgery and instigated the FMLA papers). Thank you. I could have asked him, but he wasn't in today
formerlyknownas
Well-known member
Thanks guys!! You're tops and I am real carrier since Nov It was actually amazon at Peak Season that killed my left hip...300 parcels a day and I did it all by myself! I knew when I kept chicken winging that left leg to go over parcels in the llv that it probably wasn't the smartest thing I ever did. Lol, now look at me.....
and I am real carrier since Nov It was actually amazon at Peak Season that killed my left hip...300 parcels a day and I did it all by myself! I knew when I kept chicken winging that left leg to go over parcels in the llv that it probably wasn't the smartest thing I ever did. Lol, now look at me.....It's just as DB stated, and to add...you should have received an FMLA case #. There is a place backside to write it on the form. When you receive the FMLA approval mailing from HRC, a card with the case # will also be included. Use the # as well for postoperative appointments and anything related to the case in the future. Not that your management will give future pushback, but even toxic management knows better than to question FMLA related appointments...you would think at least.Let me ask this question please. If I'm going out on surgery on July 1 and have filled out FMLA papers and sent to my doc do I still need to fill out the form for missing days and give to super (who does know about the surgery and instigated the FMLA papers). Thank you. I could have asked him, but he wasn't in today
Windindaface
Well-known member
Stop stressing about the little things involving the Machine. Your health is your top priority. They make you jump through hoops of fire for paper work for known procedures you require. For ships and giggles when you are better. Ask any management member you serve.... If I drop dead tonight and do not call in will I be fired? And will you find coverage?
Wind, when you mention it, I can't help but to think about Ed Harris in "Glengarry Glen Ross" ..."%&@# THE MACHINE!!"
Wsopgal
Active member
Can one use their 12 weeks FMLA sporadically? I am having to drop what I am doing at the last minute - 2 to 3 days a week when a PTF who is holding down a route. It is all phony. I know they ha be an illness that requires usually 1 or 2 doctors appointments a month.......but they take an extra 8 to 12 days per month......I can't even work my own PTF string because I have to cover him.
Yes they can. Some medical conditions require recurring visits involving complications, progress check-ups, monitoring through bloodwork, therapy, ...on and on.
Wsopgal
Active member
good to know. Thanks
formerlyknownas
Well-known member
Thank you so much! I did receive a case number. It was my super super that suggested I do FMLA because "the post office can be a toxic place" . Oops...should he have said that!
