Family & Medical Leave Act
The Family and Medical Leave Act of 1993 provides covered employees with the right to 12 workweeks of unpaid leave during any 12-month period for the following reasons:
* the birth and care of a son or daughter of the employee;
* the placement for adoption or foster care of a son or daughter with the employee;
* the care of spouse, son, daughter, or parent of the employee who has a serious health condition; or
* serious health condition of the employee that makes the employee unable to perform the essential functions of his or her positions.
It is important, if you need to use this Act, to understand your rights and responsibilities. Misunderstanding can lead to errors, which can lead to problems. You must understand what you must do to preserve your rights.
Link to the APWU web site relating to FMLA.
Link to the Department of Labor web site relating to FMLA.
Link to the National Association of Letter Carriers web site relating to FMLA.
Link to the Office of Personnel Management web site relating to FMLA,
and a one page information sheet.
The EEOC has a page of information. It is intended “to provide technical assistance on some common questions that have arisen about the Americans with Disabilities Act of 1990 (ADA) and Title VII of the Civil Rights Act of 1964 (Title VII) when the Family and Medical Leave Act of 1993 (FMLA) also applies.”
If you still have questions regarding eligibility,
contact your steward or an APWU officer.
New Family and Medical Leave Act Regulations
For the first time since its creation in 1993, the Family and Medical Leave Act (FMLA) is changing.
Some revisions include:
Employer notice: Employers are required to notify employees of the amount of FMLA leave being charged and the employee’s paid leave status.
Also, employers are required to notify employees if their FMLA certifications are incomplete or insufficient and give them the opportunity to remedy any deficiency.
Employee notice: Employees must follow the employer’s usual and customary call-in procedures for reporting an absence, except under unusual circumstances.
Also, the new regulations require employees who request leave for an approved FMLA case to specifically reference their FMLA case at the time of their request.
Clarifying “serious medical condition.” The new rules keep the six definitions of a serious medical condition, but require health care providers to include some of the details about the illness, project the number of days employees will be out of work and the number of necessary health care provider visits.
The Department of Labor has new FMLA forms available for use. Click here to read the FMLA final rule. Contact your FMLA coordinator for more information.