Thursday, October 30, 2008

National Arbitration Decision on FMLA Form Letters


"...The case originated on the NALC arbitration docket, and the NPMHU intervened in support. The Unions generally argued that the form letters imposed improper and unlawful burdens on affected employees, and that the Postal Service was seeking more medical and other information than the FMLA allows employers to demand. More particularly, we claimed that the form letters impermissibly ask employees to obtain additional medical information from their health care providers, when the FMLA only allows the USPS, with the permission of the employee, to have its postal doctor call the employee’s doctor; that the form letters seek too much information, by relying on general medical releases and by referring to the employee’s general medical history, rather than focusing these inquiries on the serious medical condition at issue in the FMLA leave; and that the form letters inappropriately suggest to the employee that he or she “must” sign releases or grant USPS access to his/her health care provider, when the employee can refuse (which will usually prompt the USPS to require a second medical opinion)...."    



This Article is From: www.npmhu.org

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