USPS Sick Leave Policies and Documentation Requirements

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USPS has strict attendance policies regarding sick leave, including requirements for documentation and restricted sick leave. Employees are expected to maintain regular attendance, provide evidence for absences when necessary, and follow specific guidelines for sick leave documentation. Restricted sick leave can be enforced if abuse is suspected, with a process for review and potential removal from the list. Supervisors play a key role in monitoring and enforcing these policies to ensure proper utilization of sick leave.

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DEEMS DESIRABLE, RESTRICTED SICK LEAVE, AND DOCUMENTATION

USPS ATTENDANCE POLICIES From the ELM: 511.43 Employee Responsibilities Employees are expected to maintain their assigned schedule and must make every effort to avoid unscheduled absences. In addition, employees must provide acceptable evidence for absences when required. 665.41 Requirement of Regular Attendance Employees are required to be regular in attendance. Failure to be regular in attendance may result in disciplinary action, including removal from the Postal Service.

DOCUMENTATION POLICIES ELM 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.

RESTRICTED SICK LEAVE 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 considered unsatisfactory.) 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.

RESTRICTED SICK LEAVE CONTINUED 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 Recision of Restriction Supervisors review the employee s PS Form 3972 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.

DEEMS DESIRABLE The purpose of Deems is to require an employee to provide documentation to substantiate an unscheduled absence. Deems can only be enforced on a case-by-case basis and cannot be blanket policies implemented by management. In most cases, the use of Deems Desirable is nothing more than management s attempt to intimidate carriers into not using their earned sick leave and circumvent its own Restricted Sick Leave policy under the guise that it is protecting the interests of the Postal Service .

NATIONAL ARBITRATION Q00C-4Q- C 03126482 STATES IN PERTINENT PART: Finally, the Postal Service maintains that it needs to have employees describe the nature of their illness/injury in order to decide whether to require medical documentation for absences of three days or less under ELM 513.361, which provides: 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. Under this provision, medical documentation can be required for absences of three days or less only when the employee is on restricted sick leave or to protect the interests of the Postal Service. The latter, insofar as the record in this case shows, applies where the supervisor who is to approve/disapprove the requested leave has some reason to suspect the employee is not really incapacitated from working, as where the employee was denied requested annual leave or has a pattern of asking for sick leave on the days after holidays.

M-01597 POSTAL SERVICE CORRESPONDENCE DECEMBER 19, 2006: Regarding supervisory activation of the "Deems Desirable" option in eRMS and the Restricted Sick Leave List (RSL List) Provisions of ELM Section 513.39: A supervisor's determination that medical documentation or other acceptable evidence of incapacitation is desirable for the protection of the interests of the Postal Service must be made on a case by case basis, must be consistent with the provisions of ELM 513.361 and may not be arbitrary, capricious, or unreasonable. Availability of this eRMS option does not expand or diminish supervisory authority, or change policy concerning medical documentation in any way.

EXAMPLES OF IMPROPER DOCUMENTATION REQUESTS When issued as a blanket policy , whether it be a single employee or the entire office. When it was obvious the employee was ill or incapacitated at the time the request was made. When management does not have a factually based reason and relies solely on their own belief. Simply because the absence created an inconvenience. (Mail volume/Scheduling issues) The absence occurred on the day before or after an SDO, a holiday, or scheduled annual leave.

WHEN PLACING AN EMPLOYEE ON DEEMS OR REQUESTING DOCUMENTATION MAY BE APPROPRIATE In some instances, management may be within their rights to place an employee on Deems Desirable . Such circumstances are very limited and must be done so on a case-by-case basis. Management has credible fact-based evidence to believe the employee is not actually incapacitated for duty. When an employee was previously denied leave in certain situations. The employee has established a distinct pattern of unscheduled absences. Employee abruptly leaves work after a disagreement with supervision.

FMLA Can an employee be required to provide documentation if they have an active FMLA case? Continued from National Arbitration 03126482: As I read Section 825.207 of the DOL regulations, the fact that an employee already may have provided acceptable FMLA certification that would entitle the employee to unpaid FMLA leave does not preclude the employer from requiring an employee who elects to substitute paid leave to comply with the employer's own medical certification requirements, whether they are more or less stringent than the FMLA requirements.

TAKE THE TIME TO INVESTIGATE Each and every instance of an employee being required to provide documentation should be investigated as soon as it occurs. Interview management to find out who made the decision documentation was necessary and why. If necessary, formally request all information relied upon by management. Review the employee s attendance record. After your investigation, if you believe management improperly requested documentation, immediately file a grievance.

WHAT YOU NEED TO PROVE If it s a blanket policy, get statements from carriers, document your interviews with management, obtain copies of any postings or notices, etc. If it is being done on a case-by-case basis, you must be prepared to show the grievant s attendance record did not warrant such actions and that management s demand for documentation was arbitrary and unreasonable. Once you have proven your argument, the burden shifts and management must justify their actions showing why documentation was necessary to protect the interests of the Postal Service.

WHAT IS THE APPROPRIATE REMEDY? Management immediately Cease and Desist improper requests for documentation. Reimburse the employee for any co-pays resulting from obtaining documentation. Reimbursement for mileage to and from the medical facility. Sick leave converted to other paid leave for time spent obtaining documentation at the request of the Postal Service.