Currently, there is a spike of COVID-19 diagnosis throughout the United States. Postal Employees are not exempt from contracting COVID-19. Following national trends, there is also a spike in the number of COVID-19 cases at the Postal Service. Not knowing how COVID-19 can affect any one person whether it is a mild illness, a severe case, a case of “long” COVID-19, what the long-term effects might be, or sadly even death, it is vital that those who contract the virus understand that it is their right to apply for worker’s compensation benefits to protect themselves and their families.

If you are a postal employee, no matter if you are a career employee or non-career employee, you are entitled to file a claim with the Office of Workers Compensation Programs. The one caveat is that you must have worked at the Post Office at some point during the 21-days prior to your COVID-19 diagnosis, and are required to complete an approved form of COVID-19 testing to prove you are sick. Employees that have claims approved are entitled to have their medical costs and lost wages paid. Approved Claimants are also entitled to request that any annual sick or annual leave used be “bought back” and redeposited to their leave balances. Also, should a postal employee pass away due to COVID- 19, their survivors are entitled to benefits under the compensation programs if there is an approved claim.

As previously reported, under the American Rescue Plan Act of 2021 signed into law on March 11, 2021:

Section 4016 of the law provides that a federal employee who is diagnosed with COVID-19 and carried out duties that required contact with patients, members of the public, or co-workers, or included a risk of exposure to the novel coronavirus during a covered period of exposure prior to the diagnosis, is deemed to have an injury that is proximately caused by employment.

In simple terms, this means that if you are diagnosed with (have a positive test) and you file an OWCP claim, it will be more than likely approved. You are not required to prove you contracted the disease at work. In order to receive benefits, those diagnosed must submit a claim. Do not expect management to do this for you and do not expect them to inform you that you have the right to file a claim.

When you file a claim for COVID-19 you are entitled to request continuation of pay (COP). This is pay at your regular rate of pay paid to you by the postal service during your COVID-19 illness absence. You are entitled to COP if you file your claim within 30-days of your diagnosis. If you are filing more than 30-days after your diagnosis, you are not entitled to COP. Please note, that for the first three days, the law requires a “waiting period” that you must use sick, annual, or leave without pay (LWOP) before COP kicks in. However, if your absence lasts longer than 14-days, the first three days will be converted to COP. Any non-scheduled days also count towards the three day “waiting” period. COP can be paid for up to 45 calendar days after which any additional missed time will be paid as worker’s compensation payments by OWCP.

In order to file a claim, it is recommended that you do so through e-COMP. You must register at https://www.ecomp.dol.gov

Doing so ensures that OWCP receives your claim form, receives the necessary laboratory reports because you upload the documents. They system automatically forwards documents to your supervisors to complete and tracks whether or not the Postal Service has done their part. Using e-COMP gives you tracking and you can hold management accountable because you can see what they have and have not done. It should be noted that you can register on e-COMP at any time — whether you have an injury or not. In fact, it is a good idea to register and establish an account in case you need to use it anytime during your career for any at-work injury. It is also one thing less to worry about if you are diagnosed with COVID-19.

The instructions below are not all inclusive and do not guarantee claim approval. To file a claim and to receive COP:

• Notify your supervisor that you are sick with COVID-19

• Get an an approved form of COVID-19 testing to prove you are sick. 

  • The best form of testing for proof of illness is a laboratory PCR test.

  • A positive Antibody or Antigen COVID-19 test result, together with contemporaneous medical evidence and documentation from a medical professional, may also be accepted.

  • If no positive laboratory test is available, a COVID-19 diagnosis from a physician together with rationalized medical opinion supporting the diagnosis and an explanation as to why a positive test result is not available may also be accepted. 

  • AT HOME & RAPID TESTS ALONE ARE NOT SUFFICIENT TO SERVE AS PROOF OF ILLNESS - they require an accompanying statement from a doctor.

• Submit a PS-Form 3971 and check COP as the reason

• Register on e-COMP if you have not done so: https://www.ecomp.dol.gov

• Once registered on e-COMP, login to your account

  • Click on new claim on top right of page

  • On next screen, make sure "Federal Employee" is selected

  • Make sure to select Postal Service as the agency

  • Click “File Claim”

  • Click “next”

  • Select the COVID-19 Claim and enter information requested in the online form

  • Once requested information is entered, upload a copy of the positive laboratory COVID-19 results or other relevant medical documentation

  • After uploading, make sure you select “continuation of pay”

  • It is recommended you save a copy of your claim or at least write down the ECN number for your claim

Here are some links to references for OWCP claims due to COVID-19:

Register for e-COMP
Video Tutorial on Registering for e-COMP
Video Tutorial on Filing COVID-19 Claim through e-COMP

Additional Resources:
Now It Is Easier to File FECA COVID Claims | American Postal Workers Union
Claims under the Federal Employees' Compensation Act due to the 2019 Novel Coronavirus (COVID-19) | U.S. Department of Labor
FECA Bulletins (2020-2024) | U.S. Department of Labor (these are the instructions claims examiners must follow)

You have the right under the law to file an OWCP claim for COVID-19! Do not let management discourage you from filing a claim. Do not let them tell you that you have to prove your sickness was contracted at work as this is not a requirement of the law. It is in your best interest to file for the benefits. You protect yourself and your families by doing so. If you follow the steps and have a laboratory test confirmed case of COVID-19, you will likely be approved. However, the APWU cannot guarantee claim approval.

The latest documents can be found below. 

https://d1ocufyfjsc14h.cloudfront.net/sites/default/files/mou_-_extension_of_memoranda_of_understanding_apwu_12.21.21.pdf

https://d1ocufyfjsc14h.cloudfront.net/sites/default/files/liberal_changes_of_schedules_and_leave_12.21.21.pdf

https://d1ocufyfjsc14h.cloudfront.net/sites/default/files/liberal_changes_of_schedules_and_leave_3-23-2020_1.pdf

The American Postal Workers Union and the U.S. Postal Service have reached a tentative three-year Collective Bargaining Agreement (CBA) announced APWU President and Lead Negotiator Mark Dimondstein. The following is a summary of that tentative agreement. The APWU is preparing the complete Tentative Agreement to be sent to members with their ratification ballot. Detailed information on the ratification vote will be announced in the near future.

To learn more about the Tentative Agreement, sign up to attend a virtual town hall webinar at apwu.org/townhall

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Contract Time Period

• Three-year contract: September 21, 2021 through September 20, 2024 

General Annual Wage Increases and Cost of Living Allowances (COLA)  

• 1.3% November 20, 2021 (Will be Retroactive) 

• 1.3% November 19, 2022 

• 1.3% November 18, 2023 

• Six (6) Cost of Living Allowances (COLA) for career employees (March and September of each year) with no change to the current formula based on the July 2021 CPI-W. (After the fourth month of the six-month measuring period, the COLA increase is at $0.39 per hour and will be based on the January 2022 CPI-W Index) 

• PSEs receive the general wage increases and an additional 1% increase each year in lieu of COLA (i.e. 2.3% each November)  

• $0.50/hour additional increase for PSEs effective the first pay period of the second full month after the Agreement is ratified 

Job Security 

• No Lay-off protections for career employees with six years of service remain in full-force and effect. 

• Any current career employee on the rolls as of September 20, 2021, with less than six years of service will be included in the no lay-off protections for the life of the National Agreement, providing an additional 72,000 career employees protection from lay-offs. 

• 50-mile limit on excessing of employees 

• The current moratorium on subcontracting of Postal Vehicle Service (PVS) work will continue in its present form during life of the Agreement

Holiday Pay 

• Juneteenth added to the holidays for career employees for a total of 11 paid holidays per year 

• PTF pay rate will be increased to reflect a total of 11 holidays each year, increase will be effective on January 1, 2022 

Health Insurance 

• No change to the Postal Service contribution to premiums for those participating in the Federal Employees Health Benefits Program.  

• 95% Postal Service contribution to premiums of the APWU Consumer Driven Health Plan (CDHP) 

• PSEs converted to career will receive credit for time they were enrolled in a FEHBP plan towards the 1-year qualifying period for the 95% Postal Service contribution to CDHP premiums 

Enhanced Level 8 & 11 Pay Scales 

• Grade 8 Pay Scale:  

• Bottom Steps FF-AA eliminated with Step A becoming the first Step. 

• New top Step P added  

• Employees currently in Grade 8 will move into new steps while retaining all credit toward next step 

  • Steps FF-BB moved to Step A

  • Step AA moved to Step B

  • Steps B-O moved up one Step 

• Grade 11 Pay Scale increased by an average of 2.3% prior to any general increases or COLAs 

Part-Time Flexible (PTF) Work Rules 

• Schedule guarantee of 24-hour per pay period, increased from 2 hours a pay period 

• Guaranteed at least four hours of work or pay when scheduled 

• Forty (40) hours of annual leave will be advanced at the start of each leave year for immediate use 

• Guaranteed a minimum of one (1) non-scheduled day each service week except during the peak season exception period with notice Wednesday the week prior  

• Within 90-days of ratification a One-time Voluntary Transfer Opportunity to residual full time regular vacancies in larger offices within a district. 

Automatic Conversion of PSEs in Level 20 offices and above 

• PSEs will be converted to career status upon reaching 24-months of relative standing 

  • Clerk PSEs assigned to offices Grade 21 or higher will be converted to Full-Time Flexible with such assignments made in accordance with the Clerk Craft provisions of Art. 37.4

  • Clerk PSEs assigned to Grade 20 offices will be converted to Part-Time Flexible

  • MVS PSEs assigned in any size office will be converted to Part-Time Flexible

  • PSEs converted under this provision start at a new Step GG in Grades 5-7 and Step A in Grade 8. 

  • Automatic Conversion does not apply to PSEs assigned to Grade-4 RMPOs 

• Conversions will still occur prior to the 24-months 

  • The “Filling of Residual Vacancy MOU” and Article 37.5.D remains in full force and effect 

  •  MVS Craft Conversions will be made in accordance with Article 39.2.A.11 

  • Conversion occurring earlier to 24-months start at Step FF for Grades 5-7 and Step-A for Grade 8 

Other PSE Provisions 

• Forty (40) hours of advanced annual leave upon completion of an initial 360-day PSE appointment in Level 20 offices and above. 

• PSEs assigned to Level 4 RMPOs receive an additional one (1) hour of paid annual leave per pay period upon completion of two (2) 360-day appointments 

• PSEs assigned to Level 4 RMPOs upon completion of two 360-day appointments will receive 40 hours of advance leave. 

• PSEs will be offered one (1) non-scheduled day each service week except during peak season with notice the Wednesday the week prior.  

PSE Staffing 

• The 12 PSEs per District assigned to Level 4 RMPOs will no longer count against the 20% District cap  

• 10 PSEs in the 46 Package Support Annexes (PSAs) will not count against the District cap (for a total maximum of 460 PSEs) and will be allowed to work in any facility in the installation the PSA is attached to 

• A four (4) weeks “ramp-up” period prior to the start of accounting period 3, the 20% PSE District cap will be temporarily increased by 1% per week equating to no more than a 4% increase. 

• New protections for the OTDL during “ramp-up” whereby prior to utilizing a PSE more than 8 hours in a day or 40 hours in a service week, qualified and available employees on the appropriate OTDL will be utilized. No requirement to use an OTDL employee on the second non-scheduled at the penalty rate prior to using a PSE in excess of 40 hours.  

Uniform/Work Clothes Program Allowances 

• 2.5% increase to the uniform/work clothes allowances in 2022, 2023, and 2024 

• Delivery/Sales Service Distribution Associate (DSSDA) will receive Type 1 uniform allowance 

• New “Rollover” program where unused funds can carry over to a successor allowance year 

Additional Work Rule Improvements 

• Remote Encoding Center staffing ratio changed to 62% Full-time Regular and 38% PSE and all career duty assignments are Full-time Regular. 

• 90-day waiting period to use annual leave eliminated for new career employees with 90-days continuous service prior to their conversion.  

• Updated the Deaf and Hard of Hearing MOU  

• Work Environment Improvement Task Force 

• Work Place Free of Harassment 

• Enhanced and Expanded Services 

• Environmental/Sustainability issues, EAP, and Child and Elder care, included in the jurisdiction of the National Labor Management Committee 

• District Safety Committees made permanent 

• Right of Union Officials to Enter Postal Installations 

• Regional Safety and Health Representative Training Opportunities 

• Repromotion MOU  

• Article 8 Task Force to address excessive overtime, particularly in relation to non-list employees 

• Election Mail Task Force MOU 

• Full per diem for employees traveling to NCED  

Additional Clerk Craft Provisions 

• Window training starts within 10-days after posting of the senior bidder 

• Updated NTFT duty assignments language 

• Pilot program to test new pecking order for the assignment of PTF Hub Clerks  

• Filling of Residual Vacancy MOU updated 

Additional Motor Vehicle Service Craft Provisions 

• PTFs identified for conversion to FTR converted within 28-days 

• APWU will have opportunity to submit recommendations on new vehicles prior to specifications being sent to contractors and before manufacturing and completion of new vehicles 

• National committee established to address training initiative and opportunities  

• HCR limitation on Subcontracting MOU remains in full force and effect. 

Additional Maintenance Craft Provisions 

• No additional custodial staffing packages will change from MS-47 TL-3 to TL-5 for life of the contract 

• Change the calculation method of PS Form 4852 for Juneteenth Holiday 

• Annual cap on the number of times an employee can be involuntarily assigned to off-site training courses  

• Career employee may request to be tested for maintenance craft positions and if rated eligible may request placement on the appropriate in-service register.  

• Updates to the posting of relief assignments in the craft 

• Agreement to consolidate and upgrade multiple legacy jobs.  

• Employees traveling to NCED for training receive full per diem for length of stay 

Additional Support Services Craft Provisions 

• In Material Distribution Centers Maintenance Mechanic General Grade 7 eliminated and Building Equipment Mechanic Grade 9 added. 

• Penalty Overtime provisions applied to Operating Service employees