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Originally Posted by: MPE2009  Originally Posted by: Cntpfrm  If you read all of the MOU, it clarifies that the use of sick leave, annual leave, COP, LWOP or a combination may be used for such absences in keeping with postal leave policies, if LWOP is requested, then it must be approved by management.
“Under FMLA, the employee may request substitution of paid leave for the 12 workweeks (12 times the employee's normal scheduled hours per week) of unpaid absence per year in accordance with normal leave policies and bargaining unit agreements. However, under Postal Service policy an employee may use LWOP for an FMLA-covered absence.”
The inference made in the above paragraph is that it is the employees choice as to what type of leave he or she will use for approved FMLA leave as long as the employee has sufficient leave to use. The only leave that has to be approved specifically under this MOU is LWOP when the employee lacks sufficient paid leave or chooses LWOP in place of paid leave.
“ Employee Rights: For postal employees, with the exception of military caregiver leave, the leave year begins with the first full pay period that begins in a calendar year and ends with the start of the next year . Up to 12 work weeks of annual leave, sick leave, continuation of pay, LWOP, or a combination of these, depending on the situation, may be used for FMLA-covered conditions. LWOP must be approved for a covered absence when requested by an eligible employee. The CB leave may be taken in a single block of time, in separate blocks, or intermittently depending on the condition and the medical necessity for the leave.” My point is/was that the employee is only entitled to LWOP under the law, not paid leave. Therefore it is not falsification if the PM denies paid leave and uses LWOP. However it may or may not be a contractual violation and therefore is a grievable offense. Actually, the law allows an employee to elect paid leave. It also allows the employer to require the use of paid leave. Here are the relevant provisions in the statute: SEC. 102. LEAVE REQUIREMENT .
(a) IN GENERAL.--
(1) ENTITLEMENT TO LEAVE.--Subject to section 103, an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period for one or more of the following: [List Omitted.]
(c) UNPAID LEAVE PERMITTED. -- Except as provided in subsection (d), leave granted under subsection (a) may consist of unpaid leave. Where an employee is otherwise exempt under regulations issued by the Secretary pursuant to section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), the compliance of an employer with this title by providing unpaid leave shall not affect the exempt status of the employee under such section.
(d) RELATIONSHIP TO PAID LEAVE.--
(1) UNPAID LEAVE.--If an employer provides paid leave for fewer than 12 workweeks (or 26 workweeks in the case of leave provided under subsection (a)(3)), the additional weeks of leave necessary to attain the 12 workweeks (or 26 workweeks, as appropriate) of leave required under this title may be provided without compensation.
(2) SUBSTITUTION OF PAID LEAVE.--
(A) IN GENERAL.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or family leave of the employee for leave provided under subparagraph (A), (B), (C), or (E)of subsection (a)(1) for any part of the 12-week period of such leave under such subsection.
(B) SERIOUS HEALTH CONDITION.--An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, or medical or sick leave of the employee for leave provided under subparagraph (C) or (D) of subsection (a)(1) for any part of the 12-week period of such leave under such subsection, except that nothing in this title shall require an employer to provide paid sick leave or paid medical leave in any situation in which such employer would not normally provide any such paid leave. An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection, except that nothing in this title requires an employer to provide paid sick leave or paid medical leave in any situation in which the employer would not normally provide any such paid leave. [Bold Added.]
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