Letter from Greg Bell, APWU Industrial Relations Director to the U. S. Postal Service regarding “Medical Documentation or Other Acceptable Evidence for Absences of Three (3) Days or Less”
The purpose of this letter is to determine if there is a disagreement between the parties regarding the conditions under which an employee may be required to submit medical documentation or other acceptable evidence for periods of absence of 3 days or less; particularly with regard to the Postal Service’s obligation to adhere to Article 10 of the National Agreement and applicable provisions/requirements of Subchapter 510 of the Employee and Labor Relations Manual before an employee can be required to submit medical documentation for 3 days or less.
It has been called to my attention that through the application of the RMD/eRMS, local management is improperly requiring employees to submit medical documentation or other acceptable evidence for future absences of 3 days or less, It is my understanding that based on a supervisor’s review of an employee’s attendance record, supervisors are making a determination that medical documentation is deem desirable (requiring an employee to submit medical documentation of other acceptable evidence) for absences of 3 days or less, for the protection of the interest of the Postal Service. As you know, it is improper for management to deem documentation desirable for 3 days or less based on a review of an employee attendance record.
Moreover, in the absence of an employee being on restricted sick leave, supervisors may not require medical documentation or other acceptable evidence because of abuse or excessive use of sick leave for 3 days or less.
There are only two (2) circumstances under which supervisors may require medical documentation or other acceptance acceptable evidence for absences of three (3) days or less. Medical documentation or other acceptable evidence of incapacity for work or need to care for a family member may only be required:
1. When the employee is on restricted sick leave (pursuant to part 513.39) ofthe ELM, or
2. When the supervisor deems documentation desirable for the protection of the interests of the Postal Service (Part 513.361 of ELM) Accord ingly, supervisors may only require an employee to submit medical documentation or other acceptable medical evidence for absences of 3 days or less for future requests for sick leave by placing the employee on restricted sick leave, pursuant to part 513.39 of the ELM
In regard to individual requests for sick leave, a supervisor may deem documentation desirable for the protection of the interests of the Postal Service pursuant to part 513.361 of the ELM. However, the supervisor has the burden, on a case-by-case basis of justifying any demand for medical documentation or other acceptable evidence for 3 days or less…
If the Postal Service disagrees with the APWU position, it is requested that you provide the Employer’s position and any supporting authority to the contrary.
Deems Documentation Desirable
It is the APWU position that when a supervisor deems documentation desirable for the protection of the interests of the Postal Service pursuant to part 513.361 of the ELM, the supervisor has the burden, on a case-by-case basis of justifying a demand for medical documentation. In other words, the supervisor must have a legitimate reason for suspecting the validity of a sick leave request. In the absence of evidence of a legitimate reason to suspect that an employee’s request for sick leave is not for purposes2 in which sick leave may be used, a demand for medical documentation is improper.
It is also the APWU position that it is improper for management to deem documentation desirable (requiring an employee to submit medical documentation or other acceptable evidence) for 3 days or less because of alleged (1) abuse pf sick or (2) excess use of sick leave.
Management may only require an employee to submit medical documentation or other acceptable evidence for absences of 3 days or less because of alleged abuse or use of sick leave by placing such employee on restricted sick leave pursuant to part 513.39 of ELM. In the absence of an employee being on restricted sick leave pursuant to part 513.39 of the ELM, it is improper for management to deem documentation desirable for the protection of the interests of the Postal Service because of alleged abuse or excessive use of sick leave for absences of 3 days or less.