In the USPS we call it LWOP or Leave With Out Pay. I doesn't matter if you have the sick leave s/l or annual leave a/l you are still protected from discipline for the 12 weeks. Make sure she qualifies because many do not realize that there must be 50 or more employees in order to qualify.
EMPLOYER COVERAGE
FMLA applies to all:
public agencies, including state, local and federal employers, local education agencies (schools), and
private-sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year and who are engaged in commerce or in any industry or activity affecting commerce — including joint employers and successors of covered employers.
EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:
(1) work for a covered employer;
(2) have worked for the employer for a total of 12 months;
(3) have worked at least 1,250 hours over the previous 12 months; and
(4) work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
Let me make this clear. Under the law she can not be disciplined if see is using FMLA for the doctor visits even if she has exhausted all of her "paid leave" and it is within the 12 weeks allowed. You do not HAVE to take sick leave or annual leave if you do not want to. You can just take unpaid. It is your choice how you manage your time off. You can even go as far as to just take 3 days off a week. Once you get the FMLA documented you are covered.
Also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave.
The employer is responsible for designating if an employee's use of paid leave counts as FMLA leave, based on information from the employee.
The key is to have the proper documentation. Here are some key point I pick out of this link.
http://www.postalreporter.com/usps/fmla.htm
LEAVE ENTITLEMENT
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
UNLAWFUL ACTS
It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.
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