USPS – NPMHU Contract Interpretation Manual
RMD/eRMS users must comply with the Privacy Act, as well as handbooks, manuals and published regulations relating to leave and attendance. RMD/eRMS security meets or exceeds security requirements mandated by AS-818. It is understood that no function performed by RMD/eRMS now or in the future may violate the NPMHU National Agreement. Source: Step 4 Grievance Q98M-4Q-C 01113690, dated January 23, 2003. In a 2005 arbitration award, National Arbitrator Das has dealt with three issues related to the FMLA: 1. Arbitrator Das ruled that, in applying ELM Section 513.332 in the context of the RMD process, Attendance Control Supervisors may ask questions in the RMD/eRMS process that are necessary to make FMLA determinations and to determine whether the absence is due to an on-thejob injury or for a condition that requires return-to-work procedures; Das also ruled, however, that the Postal Service may not otherwise require employees to describe the nature of their illness/injury. The Findings set forth in this Das Award should be reviewed for more details concerning these issues. 2. Noting that the Employer was permitted to require that a third medical opinion be obtained by the employee in cases where there was a difference between the original and second medical opinions, Arbitrator Das determined that the Postal Service had to rescind a process that required the employee to provide notification within a set time period that he/she did not accept the second medical opinion and wanted a third opinion; under this rejected process, if no such notification was provided, the second medical opinion would have been binding on the employee. 3. Finally, dealing with circumstances where the employee is absent for more than three days for a condition previously certified as a serious health condition requiring intermittent leave, Arbitrator Das ruled that the Postal Service was permitted to require compliance with ELM 513.362 (requiring “medical documentation or other acceptable evidence of incapacity for work”) if an employee seeks to substitute paid sick leave (or annual leave in lieu of sick leave) for unpaid FMLA leave. Source: National Arbitration Award Q00C-4Q-C 03126482, Arbitrator S. Das, dated January 28, 2005.
Version 3 – March 2011
Article 10 - Page 32