CONTRACT ADMINISTRATION DEPARTMENT REPORT
LEAVE WITHOUT PAY (LWOP) VS. ABSENT WITHOUT LEAVE (AWOL)
T
he Employee and Labor Relations Manual (ELM) defines LWOP (leave without pay) as an authorized absence from duty in a nonpay status. Acceptable reasons for LWOP can be for one or more of the following: personal, no leave to cover vacation during choice vacation period, to cover full-time attendance at a college or university, personal illness or injury, FMLA, an injury in the line of duty, or military duty. The entire list of acceptable reason can be found in ELM Exhibit 514.4. Acceptable reasons for LWOP, however, do come with consequences. Employees who are on LWOP for a period or periods totaling 80 hours during a leave year can have their leave credits reduced, with some exceptions. Mail Handlers do not obtain Credit for Service if they are in a nonpay (LWOP) status in excess of six months in a calendar year unless the entire time off is because the employee is being carried on the rolls of OWCP, the employee has been granted LWOP to serve in an employee or management organization, or the employee has honorable active service in the military. In addition, under Article 6 of the National Agreement, Mail Handlers who fail to meet the 20 pay period requirement in any given anniversary year must begin a new six-year
continuous service period to achieve protected status against involuntary layoff or reduction in force. Finally, LWOP in excess of two years is not approved unless specifically provided for in postal policy or regulations. In addition, the health benefits enrollment of a Mail Handler who completes 365 days of LWOP (26 pay periods) is terminated. Employees in a nonpay status for up to 12 months will have their basic and optional life insurance coverage continued without cost, but at the end of 12 months, the coverage ceases. If an employee has approved sick leave but does not have sufficient sick leave to cover the absence, the difference is charged to annual leave or to LWOP at the employee’s option. However, if sick leave is disapproved and the absence is warranted, the supervisor may approve, at the option of the employee, annual leave or LWOP. Also worth noting is that an absence that is disapproved is charged as LWOP and may be administratively considered as AWOL. Also, if an employee fails to furnish the required documentation when requesting a sick leave absence, that absence may be charged to annual leave, LWOP, or AWOL. AWOL (absent without leave) is different from LWOP in that AWOL is a nonpay status due
T H O M A S J . B R A N C H , Manager, CAD
to a determination that no kind of leave can granted either because (1) the employee did not obtain advance authorization or (2) the employee’s request for leave was denied. AWOL can be charged in fractions of an hour in accordance with the ELM. AWOL in and of itself is not a disciplinary action, but the Postal Service in the past has used AWOL as a basis for taking disciplinary actions. When discipline is issued for AWOL, employees and union representatives have to decide whether such allegations are based on just cause under Article 16 of the National Agreement. Employees faced with this situation should contact their Union Steward to discuss whether or not to file a grievance. Thomas J. Branch Manager, CAD
“ Mail Handlers who fail to meet the 20 pay period requirement in any given anniversary year must begin a new six-year continuous service period to achieve protected status against involuntary layoff or reduction in force.” 12 | The Mail Handler
Winter 2017