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Sunriver Regional Assembly |
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ARTICLE 9 77. Part-time flexibles are compensated at a different rate for overtime than a full-time regular employee. False - See M-00373 Step 4 The reason that this is false is that the regular straight time hourly rate of the part-time flexible employee incorporates the compensation for the 10 holidays cited in Article II, Section I of the National Agreement. ARTICLE 10 78. If a Local Memorandum either specifically, or by percentage, provides for a certain number of employees off in choice and non-choice periods, management must grant leave when the slots are not filled. True - See National arbitration award HlC-NA-C-59 and 61 In accordance with the language of the Local Memorandum. If the Local Memorandum sets percentages or numbers off during the choice and non-choice periods, those slots remain available up to the limitations provided throughout the leave year unless a specific provision of the Local Memorandum places a limitation on such a selection. 79. Management may exclude vacation weeks from the leave chart in order to conduct counts and inspections. True - See M- 1105 Pre-arb Under the following conditions: (1) all advance commitments for granting annual leave must be honored, except in serious emergency situations; (2) management may block out vacation time in order to perform route inspections provided that the dates in question are blocked out prior to vacation selection; (3) when management blocks out vacation an equivalent number of additional slots must immediately be made available for vacation selection unless the local Union agrees otherwise. The slots will be added to the number of slots required by the Local Memorandum during the 30 day period immediately before or after the dates of the inspection. 80. Part-time flexible employees are credited at the beginning of the leave year for all annual leave to be earned that year. False - See ELM 512 PTF employees earn annual leave based on the number of hours in pay status on an earn-as-you-go basis. Example: Less than three years service, one hour for each 20 hours worked to a maximum of four hours per pay period. Three to 15 years. One hour for each 13 hours worked to a maximum of six hours per pay period. 15 or more. One hour for each ten hours worked to a maximum of eight hours per pay period. 81. Annual or sick leave must be used in minimum units of one hour. False - See Article 10, Section 5D, E&LR Manual 512.5 (annual leave) and E&LR Manual 513.4 (sick leave). Units are now charged in whole hours and fractions of an hour by hundredths. (One hundredths of an hour - .01 hour - is the minimum unit allowable. 82. Employees may have approved annual leave requests rescinded by the Postal Service in non-emergency situations. False - See M-00508 Step 4 and Article 10, Section 4.D. 83. Casual employees earn annual leave in the same manner as part-time flexible employees. False - See ELM, Section 512.132 84. Disabled veterans who are employed by the Postal Service have additional protection relative to the use of sick leave and leave without pay. True - See M-00165 Executive Order 5396 (Herbert Hoover) Since 1930 there has been a legal protection to disabled veterans. If they present a statement from their doctor proving that medical treatment is required, they will be allowed to take sick leave and leave without pay for their treatment without any penalty in efficiency ratings. See also M-00787 Step 4 in which the Postal Service agrees that the Hoover Executive Order still applies. Also see Employee and Labor Relations Manual, Section 514.22. 85. It is inappropriate for an employee to bring documentation showing proof for incapacitation by anyone other than a licensed physician. False - See M-00803 Step 4 This decision allows a naturopath to be considered an "attending practitioner" under 513.364 of the Employee and Labor Relations Manual. 86. The Postal Service may not contact an employee's physician to obtain clarification or verification of a medical certificate. False - See M-00703 Step 4 However, in OWCP cases, management may only contact the physician via mail or fax. Telephone/in person contact is prohibited in OWCP cases. See 20 CFR 10. Also, in FMLA cases management must obtain permission of the employee prior to contact. See 29 CFR 825. 87. If the Postal Service has requested medical certification they should approve sick leave pending the receipt of such from the employee. False - See M-00132 Step 4 The Postal Service is well within its rights to withhold approval of the sick leave until the documentation is submitted. 88. Employees may be required under certain provisions to supply a separate statement for the reason of an absence in addition to Form 3971. False - See M-012003 Step 4 89. A non-scheduled day is counted in determining whether or not an employee has been sick in excess of three days per 513.362 of the Employee and Labor Relations Manual. False - See M-00489 Step 4 90. If a part-time flexible calls in sick they are guaranteed eight hours of sick leave for that particular day. False - See M-00665 Step 4 A part-time flexible employee is not guaranteed a set number of hours sick leave but should be paid the number of hours that the employee was realistically scheduled to work or would reasonably have been expected to work on a given day up to 8 hours. 91. Local policies concerning call-in procedures for absences are for local management to determine. False - M-1059 Step 4 Local policies must comport with ELM 513.332. 92. If you run out of sick leave, management must approve a request for up to 30 days advance sick leave if you are a regular full-time employee. False - E&LR Manual 513.5 Approval is at the discretion of the Postmaster. Normally it will be advanced if there is reason to believe the employee will return to work and medical documentation accompanies the request. 93. Only sons/daughters and spouse qualify for the 80 hours of sick leave for dependent care. False - Sick Leave for Dependent Care Memo of Understanding. Parents also qualify. 94. Family Medical Leave may be used to look for day care for a new child under 1 year of age. False - See 29 CFR 825, see also NALC Guide to FMLA. 95. Employees may be required to provide additional medical proof of FMLA entitlements every 14 days. False - 29 CFR 825, see also NALC Guide to FMLA. Management may not ask for recertification until expiration of original notice. Absent a minimum period, management may not ask more often than 30 days. 96. Supervisors may call a carrier's doctor for additional information about an FMLA certificate. False - See 29 CFR 825, see also NALC Guide to FMLA. 97. Absences for FMLA purposes can be cited in discipline cases. False - See C#14107 Regional Arbitrator Lurie FMLA absences are excused for up to a total of 12 weeks. No discipline may be issued based on FMLA leave. 98. When a carrier and her husband both work for the Service and there is a child born, each are eligible for 12 weeks off. True - NALC Guide to FMLA, page 19 99. A carrier's child has asthma. Once a month he/she takes the child to the doctor for treatment. This qualifies for FMLA. True - See 29 CFR 825, see also NALC Guide to FMLA. Intermittent absences due to a family member's chronic condition do meet the criteria. 100. Carriers can take FMLA leave for substance abuse treatment. True - See 29 CFR 825, see also NALC Guide to FMLA. However, the care must be administered by a licensed health care provider. 101. In-laws qualify for FMLA when they are living with the carrier. False - 29 CFR 825, see also NALC Guide to FMLA. 102. No employee may take more than 15 days of military leave within a particular year. False - ELM Section 517.63. See also M-00174 Letter of December 12, 1977. Allows employees, if they have official orders for training or responsibilities beyond the 15 days, to take annual leave or LWOP at their discretion for the amount of time necessary. 103. Both full-time and part-time employees are eligible for military leave. True - See ELM, Section 517.51 Full-time employees are granted up to 15 days per year and part-time employees are granted one hour of military leave for each 26 hours in a pay status in the preceding fiscal year if the part-time employee was in a pay status for a minimum of 1,040 hours in the preceding fiscal year and the employee's pay for military leave does not exceed 80 hours. 104. The Postal Service may require employees to report to work before their scheduled jury duty. True - See C#06821 and ELM, Section 516 Back to [WSALC] back to Q&A home page |