As a USPS employee, you’ve probably heard the term “Deems Desirable” – but what does it really mean, and how can it affect your sick leave? Let’s break down the key points from the recent USPS Field Labor Relations document in plain language, so you know your rights and how to protect yourself.
Basic Sick Leave Rules
– For absences of 3 days or less: Supervisors may accept your explanation without requiring a doctor’s note.
– For absences over 3 days: You must provide documentation or other proof (like a note from a caregiver/doctor’s note).
– Extended absences (more than 30 days): You may need to submit updates on your condition periodically.
Key Takeaway: If you’re out sick for 3 days or less, you do not automatically need a doctor’s note unless you’re on restricted sick leave.
What Is “Deems Desirable”?
This is a tool management can use to require documentation only if they suspect abuse. Examples of when they might apply it:
– You frequently call out on days before/after weekends, holidays, or paydays.
– You have a suspicious pattern (e.g., always calling out on Fridays).
– You were denied a schedule change and then called out.
But there are strict rules:
– It must be case-by-case; supervisors can’t just blanket-apply it to everyone.
– They must have proof of a pattern (not just a one-time thing).
– They must tell you if you’re placed on it.
How Have Arbitrators Ruled?
The document cites multiple cases where management lost because they misused “Deems Desirable”:
– Arbitrator Talarico: Said supervisors can’t be arbitrary; they need real evidence.
– Arbitrator Fritsch: Ruled that a one-time call-out before a holiday isn’t enough to justify it.
– Arbitrator Desimone: Stressed that employees must be notified and given a chance to correct behavior.
But in one case (Arbitrator Rosen), management won because the employee had a clear pattern (71% of unscheduled absences were on Sundays).
Key Takeaway: If your supervisor demands a doctor’s note for a short absence without warning or proof of abuse, you may have a strong grievance case.
How to Protect Yourself
– Keep records of your absences and any discussions with management.
– If placed on “Deems Desirable,” ask for the reason in writing.
– If you think it’s being misused, contact your union rep immediately; arbitrators have repeatedly sided with employees when management acts unfairly.
– Communicate proactively: If you have a medical issue, provide documentation early to avoid disputes.
Final Advice
– Know your rights under ELM 513.361–513.364.
– “Deems Desirable” is not automatic; management must justify it.
– Don’t let them bully you into unnecessary paperwork for short absences.
If you’re facing unfair sick leave demands, fight back with your union’s help because the rules are on your side.
Stay informed, stay protected!
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