Due to the recent weather many of our members were unable to report to work or were told not to report for work. Below is an explanation as to what is considered an “Act of God” which entitles employees to administrative leave. On returning to work fill out the PS 3971 and check “Other” and write “ADMIN LEAVE”. Afterwards you may have to write a letter to the Postmaster explaining your attempts to report.
519.214 Early Dismissal Due to Acts of God
When employees are dismissed from duty before the normal completion of their duty due to an act of God, the following applies:Full-time employees are entitled to credit for hours worked plus enough administrative leave to complete their tour of duty. This combination of work and leave is not to exceed 8 hours in any one day.
519.1 Administrative leave is absence from duty, authorized by appropriate postal officials, without charge to annual or sick leave and without loss of pay.
519.211 “Acts of God” involve community disasters such as fire, flood, or storms. The disaster situation must be general rather than personal in scope or impact. It must prevent groups of employees from working or reporting to work.
519.213 Postmasters and other appropriate postal officials determine whether absences from duty allegedly due to “Acts of God” were, in fact, due to such cause or whether the employee or employees in question could, with reasonable diligence, have reported to duty.
519.214(c) Part-Time Flexible Employees are entitled to credit for hours worked plus enough administrative leave to complete their scheduled tour. The combination of straight time worked and administrative leave may not exceed 8 hours in a service day. If there is a question as to the scheduled work hours, the part-time flexible employee is entitled to the greater of the following:
(1) The number of hours the part-time flexible worked on the same service day in the previous service week; or(2) The number of hours the part-time flexible was scheduled to work; or,3) The guaranteed hours as provided in the applicable national agreement.
ELM Section 519.211, specifies three criteria which must be met before administrative leave may be granted for “Acts of God”. First, the “Act of God” must create a community disaster. Second, the disaster must be general, rather than personal, in scope and impact. Third, it must prevent groups of employees from working or reporting to work. The majority of arbitrators agree that all three of these criteria must be met before a request for administrative leave is upheld.
Proof of “reasonable diligence”
To justify a request for administrative leave, most arbitrators require the employee to have exercised reasonable diligence in attempting to report to work. Some arbitrators will make this determination based upon the general conditions of the area, and do not require specific proof. Other arbitrators require the employee to present specific proof that they have exercised reasonable diligence and still were unable to report to work.
If you have any questions please call the office 716-631-3940