ARTICLE

31.

Section 1 - General

All employees of the bargaining unit shall be covered by the terms of this Article to the extent consistent with applicable laws and Government-wide rules and regulations.

Section 2 - Temporary Employees

Temporary employees may be separated at any time upon notice in writing from the Department. When it is determined that a temporary employee is to be separated, the employee will be given two (2) weeks' notice.

Section 3 - Probationary Employees

A. The Department agrees to provide probationary employees with the opportunity to develop and to demonstrate their proficiency.

B. During the probationary period, frequent communication between the supervisor and employee is encouraged. In the event there are deficiencies in conduct and/or performance that may affect an employee's standing for conversion to career-conditional status, supervisors will counsel employees in a timely manner and document the meeting, with a copy given to the employee.

C. The employee's pre-employment background will be investigated consistent with applicable regulations.

D. Probationary employees have the right to Union representation.

Section 4 - Part-time Employees

A. To be considered part-time for purposes of this section, an employee must have a regularly scheduled tour of duty, set in advance, of at least sixteen (16) hours but not more than thirty-two (32) hours in an administrative workweek. An increase in a part-time employee's tour of duty above thirty-two (32) hours per week or sixty-four (64) hours per pay period is not permitted for more than two (2) pay periods. Except for situations involving patient care needs, this restriction will also apply to Title 38 employees. When a holiday falls on a part-time employee's regularly scheduled workday, the employee will be paid for the number of hours he/she was scheduled for that day.

B. The Department will give bona fide consideration to employee requests regarding part-time career and employment consistent with the Department's resource and mission requirements.

C. The Department recognizes that part-time employment may be particularly appropriate for the following classes of employees:

1. Employees seeking gradual transition into retirement,

2. Employees with disabilities or others who require a reduced workweek,

3. Parents who must balance family responsibilities with the need for additional income, or

4. Students who must finance their own education and/or vocational training.

D. Denials of requests for part-time employment from full-time employees will be discussed with the employee and, upon request, the employee will be provided with written reasons for the denial.

E. A full-time employee shall not be required to accept part-time employment as a condition of continued employment. If the Department proposes to convert any full-time positions to part-time, that will be a subject for negotiations in accordance with 5 USC 7106(b)(1) and Executive Order 12871.

F. An employee's request for temporary adjustment of an established part-time work schedule may be granted if based on personal need or to permit participation in management-approved details, other assignments, or training. Such adjustment shall not result in a permanent change of the established work schedule.

G. The Department agrees to provide part-time and full-time employees on the same tour of duty equivalent access to employee activities, e.g., health facilities, and not to deny opportunities for attendance at Department-approved training courses solely because of part-time status.

H. A permanent part-time employee receives a full year of service credit for each calendar year worked (regardless of tour of duty) for the purpose of computing service for retention, retirement, career tenure, completion of probationary period, within-grade increases, leave category rate, and time-in-grade restrictions on advancement.

I. The Department will advise employees in writing of the effects of converting to part-time employment as it relates to employee benefits prior to the actual conversion.

J. Employees who accept or convert to part-time positions have no guarantee that they will subsequently be converted to full-time employment, but the Department agrees to consider the employee's request based on the employee's circumstances and the needs of the Department.

Section 5 - Job Sharing

A. Job sharing is a form of part-time employment in which the tours of duty of two employees are arranged in such a way as to cover a single full-time position.

Job sharing can provide the Department and employees with considerable work scheduling flexibility. Work disruptions which tend to occur when employees are on extended leave can be reduced through job sharing.

B. The Department agrees that entry into job sharing is strictly voluntary, initiated by the employee, and without coercion by the Department. Job sharing will be considered when traditional part-time employment is not practical or feasible.

C. The Department shall give bona fide consideration to employees' requests regarding part-time job sharing employment, including requests for reassignment from a non-job sharing arrangement to a job sharing arrangement and from a job sharing arrangement to non-job sharing arrangement, consistent with the Department's resources and mission requirements.

Employees working in positions of the same occupational series, position description, or in the same line of work may request the opportunity to enter a job sharing arrangement. Employees not in the same occupational series, position description, or in the same line of work must qualify for the position for which they are applying.

D. Potential job sharing participants shall submit a written proposal to the immediate supervisor. The job sharers are expected to seek management assistance and approval in drawing up the job sharing plan so that the work will be properly divided.

Potential participants will receive a written response from management within a reasonable amount of time from the date of submission of their written proposal informing them of acceptance or rejection of their job sharing proposal. If rejected, the reasons will be stated. The participants may revise their written proposal to accommodate the reasons given for rejection and resubmit it for reconsideration.

E. Although they share the duties of a full-time position, job sharers are considered to be individual part-time employees for all personnel and employment purposes.

F. Each employee shall be informed of her regularly scheduled work hours, as agreed to by the employer, employees, and the other job sharer. Management will make every reasonable effort to avoid scheduling additional hours not contiguous with the established tour of duty The Department agrees that statutory, regulatory, and contractual provisions shall apply in any situation in which overtime may be worked.

Additional hours will not be assigned to employees engaged in job sharing for the purpose of eliminating the need to schedule qualified, full-time employees for overtime. Such overtime hours will be assigned and accomplished according to contractual obligations.

G. A variety of different work scheduling arrangements can be used as long as each job sharer works no less than sixteen (16) hours and no more than thirty-two (32) hours each week. For example, split days (one job sharer works mornings and the other afternoons), alternate days (one job sharer works Monday and the other Tuesday, etc.), or split weeks (one job sharer works from Monday morning through noon Wednesday and the other works noon Wednesday through Friday).

Although most job sharers split the hours of a full-time position in half, this is not an absolute requirement. The work schedules of job sharers may overlap (one job share may work from 10 a.m. to 2 p.m. every day and the other from noon to 4 p.m). This arrangement can provide the Department with extra coverage during heavy workload periods. A certain amount of overlap may also be desirable to enable job sharers to attend staff meetings or familiarize each other with work developments.

H. The employment of an individual in a part-time position shall not be a basis for exclusions from participation in job sharing.

I. Those individuals currently engaged in a job sharing arrangement shall be covered under this Article.

J. Each employee entering into a job sharing arrangement shall be given a written explanation of his/her work schedule and an explanation of the impact of conversion to part-time on his/her rights and benefits.

The job sharing agreement shall incorporate the understanding that in the event one of the job sharing participants leaves and management concludes that the needs of the position requires full-time staffing, management shall make every reasonable effort to assist the remaining job sharing partner in finding another partner. The remaining participant will be given a reasonable amount of time to find another partner.

During the period of time the remaining participant is searching for new job sharing partner, the remaining participant may be required to increase his tour of duty depending upon the needs of the organization and the terms of the job sharing agreement.

If the remaining participant is required to increase his tour of duty, he will be given as much advance notice as possible, but no less than two (2) weeks' advance notice prior to increasing the tour of duty.

K. Leave requests by employees in a job sharing situation shall be approved or denied in accordance with Article ___ of this Agreement.

L. Performance appraisals for job sharing participants will be handled in accordance with Article ___ of this Agreement. Throughout the tenure in a part-time position, the employee's appraisal will not reflect the performance of the job sharing partner.