Sick Leave General Information
Sick leave is provided to
employees for paid time off from regularly scheduled work
hours due to
illness, injury, pregnancy, and medical examinations and
treatment (including dental and optical). Sick leave
is accrued and credited at the end of each bi-weekly pay
period in which it is earned.
4 hours for each full biweekly pay period:
104 hours (13 days per yr.)
1 hour for each unit of 20 hours in
pay status up to 104 hours (13 days per yr.)
ELM Revision: Sick Leave for Dependent Care
Effective October 27, 2005, Employee and Labor Relations Manual
(ELM) 513.1, Purpose, and 513.32, Conditions for Authorization,
are revised to differentiate sick leave taken for employee
incapacitation from sick leave taken for dependent care, and
then to clarify that leave taken for care of a qualifying family
member, after a maximum of 80 hours of sick leave, will be
charged to annual leave, or to leave without pay, at the
513.12 Sick Leave for Dependent Care
A limited amount of sick leave may also be used to provide for
the medical needs of a family member. Nonbargaining unit
employees, and bargaining unit employees if provided in their
national agreements, are allowed to take up to 80 hours of their
accrued sick leave per leave year to give care or otherwise
attend to a family member (as defined in 515.2) with an illness,
injury, or other condition that, if an employee had such a
condition, would justify the use of sick leave. If leave for
dependent care is approved, but the employee has already used
the maximum 80 hours of sick leave allowable, the difference is
charged to annual leave or to LWOP at the employee's option.
(See 515 for information about FMLA entitlement to be absent
Sick Leave for Dependent Care vs Family Medical Leave Act
An employee's child is ill and needs care, may an
employee call in to care for him/her? What kinds of leave can
an employee's request ? It has been a
misunderstanding on this issue of Sick Leave vs the Family Medical
Leave Act. If an employee or an employee's dependent require
medical treatment, and will be incapacitated for three
consecutive days or more --an employee is eligible for FMLA. If
dependent has a condition that would prevent him/her from
working as if the employee had the condition -- an employee can
use Sick Leave for Dependent Care. Employees may use up to 80
hours of Sick leave for Dependent Care, and 12 weeks of FMLA
each calendar year. Employees should not be required to
provide medical documentation for sick leave for dependent care
unless he/she has been placed on restricted sick leave or has
used leave for three or more consecutive days
MEMORANDUM OF UNDERSTANDING
UNITED STATES POSTAL SERVICE
AMERICAN POSTAL WORKERS UNION, AFL-CIO
Re: Sick Leave for Dependent Care
The parties agree that, during the term of
the 2000 (note: extended through 2005) National
Agreement, sick leave may be used by an employee to give
care or otherwise attend to a family member having an
illness, injury or other condition which, if an employee
had such condition, would justify the use of sick leave by
that employee. Family members shall include son or
daughter, parent and spouse as defined in ELM Section
515.2. Up to 80 hours of sick leave may be used for
dependent care in any leave year. Approval of sick
leave for dependent care will be subject to normal
procedures for leave approval.
the above MOU also applies to carriers and mail
from Employee and Labor Relations Manual (ELM)
Issue 17.6. - April 15, 2004
Sick leave insures employees against loss of pay if they are
incapacitated for the performance of duties because of
illness, injury, pregnancy and confinement, and medical
(including dental or optical) examination or
treatment. A limited amount may also be used to provide for
the medical needs of a family member. Nonbargaining unit
employees, and bargaining unit employees if provided in
their national agreements, are allowed to take up to 80 hours
of their accrued sick leave per leave year to give care or
otherwise attend to a family member (as defined in 515.2)
with an illness, injury, or other condition that, if an
employee had such a condition, would justify the use of sick
leave. (See 515 for information about FMLA entitlement to be
absent from work.)
513.5 Advanced Sick Leave
513.511 May Not Exceed Thirty Days
Sick leave not to exceed 30 days (240 hours) may be advanced in
cases of an employee’s serious disability or illness if there is
reason to believe the employee will return to duty. Sick leave may
be advanced whether or not the
employee has an annual leave or donated leave balance.
513.512 Medical Document Required
Every request for advanced sick leave must be supported by medical
documentation of the illness.
513.522 Forms Forwarded
PS Form 1221, Advanced Sick Leave Authorization, is completed and
forwarded to the Eagan ASC when advanced sick leave is authorized.
513.6 Leave Charge Adjustments
513.61 Insufficient Sick Leave
If sick leave is approved but the employee does not have
sufficient sick leave to cover the absence, the difference is
charged to annual leave or to LWOP at the employee’s option.
(emphasis added by PostalReporter.com)
513.62 Insufficient Sick and Annual Leave
If sick leave is approved for employees who have no annual or sick
leave to their credit, the absence may be charged as LWOP unless
sick leave is advanced as outlined in 513.5. LWOP so charged
cannot thereafter be
converted to sick or annual leave.
513.33 Requests for Sick Leave
Except for unexpected illness or injury situations, sick leave
must be requested on Form 3971 and approved in advance by the
ELM 16.1 Contents Summary of Updates
513.332 Unexpected Illness or Injury
An exception to the advance approval requirement is made for unexpected
illness or injuries; however, in these situations the employee
must notify appropriate postal authorities of their illness or
injury and expected duration of absence as soon as possible. When
sufficient information is provided to the supervisor to determine
that the absence is to be covered by FMLA, the supervisor completes
Form 3971 and mails it to the employee’s address of record along
with a Publication 71.
When the supervisor is not provided enough information in advance
to determine whether or not the absence is covered by FMLA, the
employee must submit a request for sick leave on Form 3971 and
applicable medical or other certification upon returning to duty
and explain the reason for the emergency to his or her supervisor.
Employees may be required to submit acceptable evidence of incapacity
to work as outlined in the provisions of 513.36, Documentation
Requirements , or noted on the reverse of Form 3971 or Publication
71, as applicable.
The supervisor approves or disapproves the leave request. When
the request is disapproved, the absence may be recorded as annual
leave or, if appropriate, as LWOP or AWOL, at the discretion of
the supervisor as outlined in 513.342.
513.34 Form 3971, Request for or Notification of Absence
Request for sick leave is made in writing, in duplicate, on
Form 3971, Request for or Notification
of Absence. If the absence is to care for a family member, this
fact is to be noted in the Remarks section.
513.342 Approval or Disapproval
The supervisor is responsible for approving or disapproving requests
for sick leave by signing Form 3971, a copy of which is given
to the employee. If a supervisor does not approve a request for
leave as submitted, the
Disapproved block on the Form 3971 is checked and the reason(s)
given, in writing, in the space provided. When a request is disapproved,
the granting of any alternate type of leave, if any, must be noted
along with the reason for the disapproval. AWOL determinations
must be similarly noted.
513.36 Sick Leave Documentation Requirements
513.361 Three Days or Less
For periods of absence of 3 days or less, supervisors may accept
the employee’s statement explaining the absence. Medical documentation
or other acceptable evidence of incapacity for work or need to
care for a family member is required only when the employee is
on restricted sick leave (see 513.39) or when the supervisor deems
documentation desirable for the protection of the interests of
the Postal Service. Substantiation of the family relationship
must be provided if requested.
513.362 Over Three Days
For absences in excess of 3 days, employees are required to submit
medical documentation or other acceptable evidence of incapacity
for work or of need to care for a family member and, if requested,
substantiation of the family relationship.
513.363 Extended Periods
Employees who are on sick leave for extended periods are required
to submit at appropriate intervals, but not more frequently than
once every 30 days, satisfactory evidence of continued incapacity
for work or need to care for a family member unless some responsible
supervisor has knowledge of the employee’s continuing situation.
513.364 Medical Documentation or Other Acceptable Evidence
When employees are required to submit medical documentation, such
documentation should be furnished by the employee’s attending
physician or other attending practitioner who is performing within
the scope of his or her practice. The documentation should provide
an explanation of the nature of the employee’s illness or injury
sufficient to indicate to management that the employee was (or
will be) unable to perform his or her normal duties for the period
of absence. Normally, medical statements such as "under my care"
or "received treatment" are not acceptable evidence of incapacitation
to perform duties. Supervisors may accept substantiation other
than medical documentation if they believe it supports approval
of the sick leave request.
513.365 Failure to Furnish Required Documentation
If acceptable substantiation of incapacitation is not furnished,
the absence may be charged to annual leave, LWOP, or AWOL.
513.37 Return to Duty
An employee returning from an FMLA-covered absence because of
his or her own incapacitation must provide documentation from
his or her health care provider that he or she is able to perform
the functions of the position with or without limitation. Limitations
described are accommodated when practical. Bargaining unit employees
must also comply with requirements in 865.
513.39 Restricted Sick Leave
513.391 Reasons for Restriction
Supervisors or installation heads who have evidence indicating
that an employee is abusing sick leave privileges may place the
employee on the restricted sick leave list. In addition, employees
may be placed on the restricted sick leave list after their sick
leave use has been reviewed on an individual basis and the following
actions have been taken:
a. Establishment of an absence file.
b. Review of the absence file by the immediate supervisor and
higher levels of management.
c. Review of the absences during the past quarter of LWOP and
sick leave used by employees. (No minimum sick leave balance is
established below which the employee’s sick leave record is automatically
d. Supervisor’s discussion of absence record with the employee.
e. Review of the subsequent quarterly absences. If the absence
logs indicate no improvement, the supervisor is to discuss the
matter with the employee to include advice that if there is no
improvement during the next quarter, the employee will be placed
on restricted sick leave.
513.392 Notice and Listing
Supervisors provide written notice to employees that their names
have been added to the restricted sick leave listing. The notice
also explains that, until further notice, the employees must support
all requests for sick leave by medical documentation or other
acceptable evidence (see 513.364).
513.393 Rescission of Restriction
Supervisors review the employee’s Form 3972, Absence Analysis,
for each quarter. If there has been a substantial decrease in
absences charged to sickness, the employee’s name is removed from
the restricted sick leave list and the employee is notified in
writing of the removal.