The union contends grievant called in FMLA sick leave dependent leave and management unilaterally changed the leave to LWOP. The grievant exhausted 80 hours of sick leave dependent care within the leave year. The grievant supervisor advised the grievant she received FMLA/LWOP because she did not have sufficient amount of annual to fulfill the 32 hours of requested paid leave. Therefore the leave was converted to FMLA/LWOP. The supervisor said he advised the grievant she had exhausted the 80 hours of sick leave given in a leave year.
It is true the grievant has an active FMLA for her mother. The union says there is a different between sick leave dependent care and FMLA leave for dependent care. The USPS-APWU Joint Contract Interpretation specifically state “An employee may take time off to care for the same person under both Sick Leave for Dependent Care and FMLA. Under Sick Leave for Dependent Care (SLDC) it says “The 2010 National Agreement continued the right to use up to eighty hours of sick leave per leave year to give care or otherwise attend to a family member, while FMLA provides protection for the absence if it is due to FMLA covered condition.” It does not negate paid sick leave after receiving 80 hours during the leave year.…show more content… It is true FMLA is a federal law that does not provide new, additional or paid leave. FMLA allows employee to protection for their absences without being penalized within the criteria of the law. Employees have an obligation to adhere to the USPS policies regarding leave, the policy provide 80 hours of sick leave, the employee is not entitled to paid leave. The leave requested by the grievant was not available, consequently the 80 hours was extinguished and the grievant leave was protected with
