FMLA & sick leave problems

[lgtx02]

I went on FMLA in April.  My husband was in a serious accident, 51 days hospitalized (33 days ICU) and still in rehab.  I was only allowed to use 10 of my 40 days of sick leave, then had to use all my annual (34 days) but after 2 weeks of LWOP I returned to work; couldn't afford being without money any longer.  My husband is at home now, in a wheelchair, with my two young daughters but they can't take him to therapy. We have tried to schedule therapy as late in the day as possible so that I can take him after work but that is not always the case.  In last 2 weeks I have had to take off 4 days to take him but when I tried to take off with sick leave for dependent care PO said I had to take LWOP even if I had 30+ days of sick leave available.  After I returned from FML I thought I could begin using the sick leave that I was denied earlier.  PO said I am only allowed 2 weeks total per year for dependent care. Is this only for rural carriers?  A clerk here has used up to 12 weeks per year twice to care for her father.

[gjtrisa]

Sick leave for dependent care is for a total of 80 hours per year for all employees.  FMLA had nothing to do with the type of leave you can use.


-----Original Message-----
From: lgtx02 (via Nabble) [hidden email]

Sent: Wed, Jul 8, 2009 6:56 am
Subject: FMLA & sick leave problems

I went on FMLA in April.  My husband was in a serious accident, 51 days hospitalized (33 days ICU) and still in rehab.  I was only allowed to use 10 of my 40 days of sick leave, then had to use all my annual (34 days) but after 2 weeks of LWOP I returned to work; couldn't afford being without money any longer.  My husband is at home now, in a wheelchair, with my two young daughters but they can't take him to therapy. We have tried to schedule therapy as late in the day as possible so that I can take him after work but that is not always the case.  In last 2 weeks I have had to take off 4 days to take him but when I tried to take off with sick leave for dependent care PO said I had to take LWOP even if I had 30+ days of sick leave available.  After I returned from FML I thought I could begin using the sick leave that I was denied earlier.  PO said I am only allowed 2 weeks total per year for dependent care. Is this only for rural carriers?  A clerk here has used up to 12 weeks per year twice to care for her father.

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[Coast Office Worker]

You might try filing a grievance citing disparity.  if the clerk in your office was able to use 12 weeks, then a precedent has been set. Although, don't be surprised if managment comes back with some fancy answer as to why the clerk got it, but you can't.

In my old office, the young postmaster took off work for 4 months for maternity leave and got paid all the way through. The supervisor's father died and then he had to take a month off to take care off his mother. He was allowed to use 10 days FMLA, then forced to use LWOP. Think he tried to use S/L  but was denied. Had A/L but would have had to cancel an upcoming planned vacation.

He couldn't fight it; so he decided to retire.

I know on the carrier side, if they use up their A/L, they can still take LWOP for their bid vacations if they didn't cancel them previously


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[....]

you do get 12 weeks , but only 80 hrs can be paid through sick leave, you can then use annual leave , then lwop. it sucks but thats the way it is , the clerk may have used 12 weeks but they werent all paid, my parents are both ill, what ive done is try not to use all the days in the same week spread out the lwop. but i have still exhausted mine. i called the dr and found out for 5.00 they will send a van out to get my parents for their appointments , so then sometimes i can still make it there in time you might want to check and see if in your area they have this service, good luck to you

[Retiring Soon]

Look in the ELM under 513 Sick Leave. It will give you the guidelines for using FMLA.