Letter Carrier’s Two-Day Suspension Not Enough to Prove Retaliation

By Jeffrey Rhodes – May 17, 2017 A postal employee who was put on unpaid leave for two days but was subsequently paid for the days missed cannot show that he suffered an adverse action necessary to prove retaliation, the 5th U.S. Circuit Court of Appeals ruled. Javier Cabral is a letter carrier for the…

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USPS shakeup continues from overtime pay scandal

By Jeremy Lazarus – April 25, 2017 The U.S. Postal Service is continuing to shake up the management of postal stations in the Richmond area as the fallout continues from a scandal over overtime pay, sources have told the Free Press. In the past week, at least five station managers or carrier supervisors at area…

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Tulsa Woman Sues USPS: ‘They Were Punishing Me For My Pregnancy’

By Annie Chang – April 19, 2017 TULSA, Oklahoma – A Tulsa woman is suing her employer, the United States Postal Service. In her lawsuit, Robin Jones claims the USPS broke federal law by failing to accommodate her high-risk pregnancy. Jones works as a custodian at the downtown Tulsa post office. Back in 2014, when…

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Strict Enforcement of Attendance Procedures May Create Liability for Employers under FMLA

By Robert Meyer – March 28, 2017 Many employers include in their attendance policies a specific procedure by which employees must “call-in” to report an absence from work. Such policies typically impose disciplinary action, up to and including termination of employment, when an employee fails to follow the employer’s procedure or is otherwise a “no-call,…

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Congress Proposes Adding Parental Bereavement Leave to FMLA

By Heather Panick – March 22, 2017 On March 16th, a bipartisan group of Representatives, which included Paul Gosar, Don Beyer, Martha McSally, Brad Schneider, Tom Suozzi and Barbara Comstock, introduced the Parental Bereavement Act of 2017, also known as the Sarah Grace-Farley-Kluger Act. See H.R. 1560. This Act would add the “death of a…

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Intermittent FMLA Absences Not Subject to “Proof of Need”

By Ellison McCoy – March 17, 2017 On January 27, 2017, the Eleventh Circuit Court of Appeals issued a decision that provides a cautionary tale to employers about seeking documentation from an employee on intermittent FMLA leave. In Diamond v. Hospice of Florida Keys, Inc., Case No. 15-15716 (11th Circuit, Jan. 27, 217), the Court…

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USPS Redesigns Earnings Statement Leave Sections

We revised PS Form 1223-B, Earnings Statement (known as PayStub), to provide additional information on the leave data. We intend for the changes to: Improve communication about earned annual leave (AL) balance. Better align the information on the paystub or paycheck with the leave information that is already available to employees using ePayroll. Enable employees…

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