The notice sent to the APWU Postal Service on January 13, 2009 contained changes to the DOL forms as well as a copy of an employee service call. Please note that while neither party can dictate how they design instructions or guidelines for field service, the presentation of services to employees was subsequently revised at the suggestion of APWU. APWU forms are lighter, easier for health care providers to use, and protect against inappropriate disclosure of protected health information. For these reasons, the APWU encourages union members to use the fmLA medical certification forms developed by the APWU. The POSITION OF THE APWU has not changed: an employee`s medical diagnosis is private health information that does not and does not have to be provided on the form. There were no changes to the law requiring the employee`s medical diagnosis to be included in the form. If an employee decides not to use the APWU forms and instead opts for one of the «optional» WH-380 forms, they should ask their health care provider to provide only the basic «medical facts» about the general nature of their condition, not their medical diagnosis or prognosis. The APWU notes that the DOL WH-380 forms created in 2009 request information from health care providers beyond what is actually required by law. For example, Forms WH-380-E and WH-380-F prompt health care providers to provide the medical diagnosis.
The APWU has repeatedly stated, and the postal service has agreed that the medical diagnosis/prognosis is private health information that is not required on the form. While APWU forms may look different from DOL forms, APWU forms reflect the same basic FMLA medical certification requirements so that healthcare providers can provide adequate medical information in accordance with the law. Please note that the two new «optional» medical certification forms created by the DOL to replace the old optional WH-380 allow the health care provider to provide information beyond the required requirements. For example, while the new «optional» forms WH-380-E and WH-380-F explicitly allow the health care provider to provide the employee`s medical diagnosis on the form, they are not required to do so. Despite the fact that an employee may have submitted their medical documents using an APWU medical certification form or other format for FML medical documentation, the postal service gives the employee`s medical certification as well as the «optional» DOL forms WH-380-E, «Health Care Provider Certification for the Employee`s Serious Medical Condition» or WH-380-F, «Certification of the health care provider for the serious health condition of a family member». State of health». The POSITION OF THE APWU is that once an employee has submitted an APWU Medical Certification Form or other form for fml documentation, it is not necessary or required to use any other format or optional WH-380 forms to provide additional information required. Employees should be advised to use the same form and simply ask their health care provider to add the additional required information to the original certification or provide it on a separate sheet of paper. On a positive note, the new regulation provides for special leave rights for military families.
The rule allows military family employees to take time off to care for ill or injured military personnel and to take time off to manage the affairs of active duty military personnel. For a summary of the changes, see www.apwu.org/issues-fmla/analysis.htm. Regardless of the forms used if certification is incomplete or inadequate, the new regulations require the postal service to indicate in writing what additional information is required to make the certification complete and sufficient and to give employees the opportunity to submit the additional information. The Postal Service will use Form DOL WH-382, «Notice of Designation», to comply with its obligation to designate the vacation as protected by the FMLA and to notify the employee of the amount of vacation that will count towards the employee`s FMLA vacation entitlement. Form WH-382 is also used to inform employees of additional information that may be required and/or if a second or third notice is requested from the postal service. Please note that the FMLA does not require the use of a particular form as long as the required information is provided. The revised APWU forms are the recommended forms that APWU members can use when requesting family leave and sick leave. The APWU FMLA forms have been updated to meet the revised certification requirements that came into effect on January 16, 2009. The forms have also been renumbered. APWU Form 1 is for vacation for an employee`s critical health and APWU Form 2 is for vacation to care for a family member`s serious health. APWU Forms 3 and 4 are new and are intended for employees who apply for military family leave under the new regulations.
APWU FMLA forms are again available to employees when they submit a medical certificate of leave under the Family and Medical Leave Act (FMLA). According to an arbitration award by arbitrator Shyam Das dated April 18, 2012, the postal service cannot require employees to use Ministry of Labour forms WH-380. Arbitrator Das acknowledged that DOL forms are optional. The USPS must accept an employee`s medical certification in any format – provided it contains all the information required by law. The union has published FMLA forms that can be used by health care providers to certify serious illnesses of APWU members and their family members. .