Working Hours
What’s the maximum hours I can work in a day?
12 hours, plus a half hour lunch. you have to end tour no more than 12.5 hours after you begin tour.
You cannot legally work more than 12.5 hours. If you are asked to, let your shop steward know and they can file a grievance for you.
I was mandated to work on my scheduled day off (SDO). Do I have to?
No. You do NOT have to work on your day off. You can volunteer to work if you wish to. However, management cannot “mandate” you unless there is a clear emergency situation. An understaff office is not a recognized emergency. It is a sign of bad management practice. You do not need to use your sick leave to have a day off. If it is your schedule day off and you need time off to recuperate, take it. You have earned it. You are not hurting your fellow coworkers. Management’s inability to staff the office is their problem. You should not feel guilt for something you did not do.
On The Job Injuries
Slips, Trips, and Falls
Filing a CA-1 for a Traumatic Injury
Filing a CA-1 for a Traumatic Injury
A traumatic injury is defined as:
“A wound or other condition of the body caused by external force, including stress or strain, which is identifiable as to the time and place of occurrence and member or function of the body affected. The injury must be caused by a specific event or incident or series of events or incidents within a single work day or work shift.”
The key to this definition is that an event or events must have occurred during a single workday or work shift. If this describes your injury you should file a claim as soon as possible.
The best way to file a claim is to register and file your claim using ECOMP, the Office of Workers’ Compensation Programs electronic claim filing portal. You can find instructions on how to register in ECOMP here. Filing electronically saves time and makes it easier to manage your claim and communicate with OWCP. You can register and file a claim on your smartphone, tablet or computer. If you don’t have a device to file a claim, the Postal Service must allow you to file your claim on a postal computer.
Once you have registered in ECOMP, you can file your claim. Here are instructions for Filing a CA-1 in ECOMP.
Notifying your supervisor and filing a claim
Immediately notify your supervisor of your injury and your intent to file a claim using ECOMP. Request your supervisor’s Postal Service email address to use in registering in ECOMP.
Once you have registered in ECOMP, go to the top of your dashboard and click New Claim. Follow the directions for filing a CA-1 claim for traumatic injury.
If you are filing the claim within one week of the injury, request form CA-16, Authorization for Examination and/or Treatment (must be supplied by your manager within 4 hours).
Request a CA-16. The Postal Service is required by law to provide the CA-16 within four hours of your request. You can use the CA-16 to see the doctor of your choice. If your doctor refers you to a specialist, the CA-16 will also cover those expenses. Review the CA-16 to make sure your supervisor properly fills out sections 8 – 11 including a signature. Section 12 of the CA-16 should contain OWCP’s address:
U.S. DEPARTMENT OF LABOR
DFEC CENTRAL MAILROOM
P.O. BOX 8311
LONDON, KY 40742-8300
Request a Form CA-17 Duty Status Report from your supervisor. The Postal Service is responsible for filling out the job requirements on the left (side A) of the CA-17. Request several copies of the CA-17 completed by your supervisor so you can take one to every medical appointment. Take one copy to your doctor and have them complete the right (side B) of the CA-17, listing any medical restrictions. Once your doctor has completed the CA-17, make a copy or take a picture of the completed CA-17 and give the original to your supervisor.
Filing a Paper Form CA-1
If you cannot register in ECOMP, request a CA-1 from your supervisor. The Postal Service is required to provide you the form upon request, which is available on your supervisor’s computer. If you are refused a form, contact your shop steward immediately. You can print your own CA-1 here.
Complete the employee portion of the CA-1, do not let a supervisor fill it out for you. Be thorough in describing the cause and nature of the injury. If you cannot describe the cause and nature in the space provided, write them down on a separate piece of paper, placing your name, address, phone number and Employee ID number at the top of the page. Sign and date the extra page and make a copy.
Once you have reviewed and signed your CA-1, physically hand the completed CA-1 to your supervisor. Do not leave it on your supervisor’s desk or inbox. The supervisor’s instructions for the CA-1 require them to give you the signed receipt on (page 4) immediately. The CA-1 receipt establishes a record of your injury and the date you filed your claim. If the supervisor does not give you the receipt, ask your shop steward for assistance.
Make a copy of the CA-1 page you filled out. You should also request a copy of the completed CA-1 once management has filled out their portion. The Postal Service is required to give the completed CA-1 to you. The Postal Service has 10 working days to submit the CA-1 to the Office of Worker’s Compensation Programs, (OWCP).
Continuation of Pay
At the bottom of the CA-1, question number 15 allows you to choose between Continuation of Pay (COP), or Sick and/or Annual leave. To qualify for COP you must:
1. File your claim within 30 days of the date of injury
2. Begin losing time within 45 days of the date of injury and,
3. Provide medical evidence of your disability, signed by a doctor, within 10 days.
If you elect COP you will be paid your regular pay for 45 calendar days. The first three calendar days of COP are waiting days and you must use either sick /annual leave or Leave Without Pay, LWOP. After the three waiting days you will continue to get paid every two weeks as if you were working.
Step 3: Seeking medical treatment
You have the right to seek treatment from your own doctor. If the Postal Service insists that you go to their doctor, you have to be seen by them but you do not have to be treated by them. Injured workers should always choose the doctor that treats them. Medical reports must be signed by a doctor. If you are examined by a physician’s assistant or nurse practitioner, ask them to have a doctor review and counter-sign the report.
Your medical records are protected by the Privacy Act. With the exception of the CA-17, the Postal Service is not entitled to your personal medical records. The CA-17 normally provides enough medical evidence for the Postal Service to make you a job offer and entitle you to COP.
Step 4: Once your claim has been filed
The Postal Service has 10 business days to send your CA-1 claim to OWCP. Once OWCP receives the claim, you will be sent a Case Create notification on your ECOMP dashboard or by mail. The Case Create notice has important information on the next steps needed in the claims process. If you do not receive a notice from OWCP that your claim has been received, contact your shop steward or National Business Agent’s office.
OWCP’s goal is to return each injured employee to work as soon as he or she is medically able. A properly completed CA-17 should explain your work duties to your doctor. Delivering mail is physically demanding work, and returning to work before you have properly healed can lead to debilitating, life-long injuries. Make sure your doctor understands the physical nature of your job.
Take a CA-17 to every medical appointment, copy or take a picture of the completed form and give the original to your supervisor. The Postal Service has an obligation to offer you work within your restrictions and the completed CA-17 must be provided to the Postal Service to determine if there is work available within your restrictions.
If the Postal Service offers you a job and you are uncertain if you can perform all of the duties of the job, you have the right to take the job offer to your doctor. If you are told to accept or refuse the job offer immediately, accept the job and write “under protest” next to your signature. Refusing a job offer can lead to termination of your benefits. If your doctor believes the job offer exceeds your limitations, he or she must write a medical report listing the specific duties of the job you cannot perform.
Your doctor should send medical reports directly to OWCP. You can also upload medical reports into your claim file via ECOMP. Your medical reports are protected by the Privacy Act and should be sent directly to OWCP, not the Postal Service.
The Postal Service is prohibited from calling your doctor. Any contact with your doctor must be in writing, and the Postal Service is required to send you a copy of the letter, and your doctor’s response.
Step 5: Once you have filed your claim, OWCP has three options:
1. Request more information
OWCP will notify you if your case lacks enough information to make a decision in your case. They will notify you in ECOMP or mail you a development letter requesting more information. Development letters often list a series of questions for both you and your doctor to answer. Development letters always give you exactly 30 days from the date on the letter to respond.
It is important that you act quickly to respond within the 30-day time limit. Make an appointment with your doctor as soon as possible. Bring the OWCP letter to your appointment and ask your doctor to thoroughly answer the questions. OWCP must receive the information within the 30 days, a postmark is insufficient. Make sure your doctor understands the urgency. Use ECOMP to upload your documents directly to your file.
Never submit documents without first making copies for your own records. You need to organize your records to be ready to respond to OWCP. If you have problems with your claim, contact a branch officer or your National Business Agent’s office for help.
2. Claim Accepted
OWCP will send you a letter accepting your claim, listing the accepted conditions and a “Now That Your Claim Has Been Accepted” attachment that includes tools for managing your claim. Read the attachment carefully and keep it handy as it has important information you can reference regarding your claim.
When your COP has ended you should file a CA-7 claim for compensation. Postal regulations require Postal Service Health Resource Management (HRM) to provide you with form CA-7 when you are on COP and it appears you will not return to work after 30 days.
You can file a CA-7, from your ECOMP dashboard by clicking New Claim. Submit a completed CA-7 every two weeks.
If you file a paper CA-7, take a picture or make a copy and give it to your supervisor or HRM office. Attach a written request for a copy of the completed CA-7, including management’s portion every time you submit it to HRM.
The Postal Service has five working days to complete its portion of the CA-7 and send it to OWCP. Keep a copy of every CA-7 for your file.
OWCP’s goal is to return each injured employee to work as soon as he or she is medically able. Thoroughly explain your work duties to your doctor. Delivering mail is physically demanding work, and returning to work before you have properly healed can lead to debilitating, life-long injuries.
Job Offers/ Returning to Work
The Postal Service has an obligation to make every effort to find you work within your restrictions. A CA-17 must be provided to the Postal Service to determine if there is work available within your restrictions.
Never refuse a job offer. Refusing a job offer can lead to termination of your benefits. If the Postal Service offers you work and compels you to either accept or refuse a job offer, always accept the job offer.
If you are uncertain if you can perform all of the duties of the job, write “under protest” next to your signature, and contact your shop steward. You have the right to take the job offer to your doctor. If your doctor believes the job offer exceeds your limitations, he or she must write a medical narrative listing the specific duties you cannot perform.
Your doctor should send the reports directly to OWCP. You can also upload them into your claim file via ECOMP. Your medical reports are protected by the Privacy Act and should be sent directly to OWCP, not the Postal Service.
The Postal Service is prohibited from calling your doctor. Any contact with your doctor must be in writing, and the Postal Service is required to send you a copy of the letter, and your doctor’s response.
3. Claim Denied
If OWCP denies your claim, the denial letter will list the basis for the decision so you know what you need to appeal the decision. Along with the denial, OWCP will give you a list of your appeal rights. Each venue has specific time limits that are absolute. If your claim is denied contact a branch officer or National Business Agent’s office immediately for help in your appeal.
Grievances
What is a Grievance?
A grievance is a formal complaint raised by a worker against the employer. In the case of the NALC, either the member or the Union can initiate a grievance. The grievant must document the facts and prove a violation of the Contract exists. The NALC grievance procedure has a number of required steps, as shown in this Article 15 Grievance Procedure Chart.