You Will Have To Substantiate

By Steve Burt
MSALC Director of Education

Introduction

Few policies at the Post Office breed more disillusionment among letter carriers than the treatment we often receive when calling in sick. You have just called in to report that you are feeling feverish with severe flu symptoms. You have 700 hours of sick leave, and have not called in all year.

The new Associate Supervisor responds, “You will have to substantiate if you’re sick, because you have a route to cover.” You reply, “I am really sick, and I don’t abuse my leave.” He responds, “Then substantiate.” You ask what he means by substantiate. He says that you know what he means, and then he hangs up on you.

This type of scene takes place only too frequently in our stations. What a morale buster! Let’s talk about what to do if it happens to you. Any employee would be infuriated to be spoken to in this manner. It is significant to note, however, that responding with nothing more than anger only worsens such a situation.

First, all of us need to recognize that attendance requirements at the Post Office are remarkably stiff compared to most other jobs in the federal government. This is because we are a very time-sensitive business. Absent employees strike at the ability of the Post Office in meeting its mission of daily mail service. Arbitrators uphold very severe discipline, including removal, for employees with chronic absenteeism. That, however, does not mean that an employee cannot call in sick. It simply means that regular attendance is a requirement of postal employment.

Second, we need to be aware that certain situations, an arbitrator will uphold supervisors who ask employees to substantiate absences including requests for emergency annual as well as sick leave. The ELM discusses these issues in several places, but especially Section 513.36:

ELM § 513.36 Documentation Requirements
513.361 Three Days or Less
 For periods of absence of 3 days or less, supervisors may accept the employees’ statement explaining the absence. Medical documentation or other acceptable evidence of incapacity for work is required only when the employee is on restricted sick leave (see 513.37) or when the supervisor deems documentation desirable for the protection of the interests of the Postal Service.

The key idea in Section 513.361 is that an employee not under a letter of substantiation can be rightfully required to substantiate a request for sick leave only when “deemed desirable for the protect of the interests of the Postal Service.” Unless the supervisor has some good reason to question the legitimacy of the sick call, the interests of the service are not threatened.

Substantiation Justified
As mentioned, there are some situations where arbitrators will usually find for the supervisor in a substantiation dispute. After a heated discussion with a supervisor on the work floor, an employee departing under claim of sick leave can expect to be ordered to substantiate. If one has asked for annual for a certain date and been denied, a sick call that morning will be viewed as suspicious. If the supervisor overheard the employee planning a fishing trip or a jaunt to Mount Pleasant, and the employee called in sick on the arranged day, a substantiation request would be defensible. A sick call the day after a week-end or holiday may be a problem if this fits a demonstrated pattern for that employee. Arbitrators have frequently ruled each way on this issue.

Substantiation Not Justified
Other situations where arbitrators usually find for the employee are when the employee has historically sound attendance and the call is not suspicious. The supervisor’s “feeling” that substantiation is justified will not fly by itself. If an employee becomes visibly and obviously sick at work with no suspicious circumstances, substantiation of the obvious would not be appropriate in the eyes of most arbitrators. Requiring all employees who are calling in on a certain day, such as Saturday after payday, to substantiate for no other reason than as a matter of policy would clearly be abusive.

What To Do If Ordered
If you are ordered to substantiate, our advice is simple and to the point. Go to the doctor or other appropriate medical practitioner, and bring proof of your disabling illness. Such evidence must have certain features to be administratively acceptable, including a basic diagnosis and prognosis, as discussed in Section 513.364 of the ELM:

ELM § 513.364
Medical Documentation or Other Acceptable Evidence When employees are required to submit medical documentation pursuant to these regulations, such documentation should be furnished by the employee’s attending physician or other attending practitioner. The documentation should provide an explanation of the nature of the employee’s illness or injury sufficient to indicate to management that the employee was (or will be) unable to perform his or her normal duties for the period of absence. Normally, medical statements such as “under my care” or “received treatment” are not acceptable evidence of incapacitation to perform duties. Supervisors may accept proof other than medical documentation if they believe it supports approval of the sick leave application.

Then, after acquiring the medical evidence, return to work and submit the original copy of the evidence and your medical bill. Keep Xerox copies. Ask your Steward to file a grievance, seeking (1) payment of the medical bill, (2) payment for mileage at the IRS rate, (32.5¢/mile), and (3) administrative leave for the time your were following official instructions of the Postal Service as you were seeking the medical attention and driving to and from the physician. Seeking all three remedies is no guarantee that any or all will be awarded in a decision or grievance settlement. A successful grievance may still only recover documented medical expenses. But asking for maximum remedies shows that we are very serious about fighting and even arbitrating abusive requests for substantiation.

Longer Absence
Any absence which is more than three days in length requires substantiation under current regulations. Absences for dependent care sick leave can be the subject of a substantiation request, but this should not be automatic. All the same ELM rules apply whether you are calling in sick for yourself or for your dependent, as stated in the Memorandum on page 162 of the National Agreement.

MEMORANDUM OF UNDERSTANDING
BETWEEN THE
UNITED STATES POSTAL SERVICE
AND THE
NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO

Re: Sick Leave for Dependent Care

The parties agree that, during the term of the 1994 National Agreement, sick leave may be used by an employee to give care or otherwise attend to a family member with an illness, injury or other condition which, if an employee had such condition, would justify the use of sick leave by that employee. Family members shall include son or daughter, parent, and spouse as defined in ELM Section 515.2. Up to 80 hours of sick leave may be used for dependent care in any leave year. Approval of sick leave for dependent care will be subject to normal procedures for leave approval.

Date: August 19, 1995

Concluding Remarks
In closing, if you have called in sick and been told to substantiate your illness, do not defy the request, argue with the supervisor, or bring in non-medical evidence without prior agreement. It is much easier for us to represent you in a contract grievance for payment of a medical bill than in a discipline grievance for AWOL.

Q and A

If ordered to substantiate, can I file a grievance?

Absolutely yes! You must file within 14 days, however, and have the medical bill as evidence. Seek reimbursement for the bill, mileage (32.5¢ at this time), and administrative leave.
What National Agreement Article(s) should be cited?
Article 10 (JCAM discussion) and Article 19, citing ELM § 513.361. The JCAM will usually discuss handbook provisions under the involved article, rather than Article 19. Article 10 is Leave, and Article 19 is Handbooks and Manuals.

Disclaimer: The material in this article is not presumed or intended to reflect an official position of the
National Association of Letter Carriers or the Michigan State Association of Letter Carriers. This article contains opinion statements of the writer offered for basic informational purposes only. There is no substitute for consultation with or representation by a trained advocate. The writer cannot assume responsibility of any type for the use of this material by others.

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