ARTICLE

32.

Section 1 - General

A. Employees will accrue and use sick and annual leave in accordance with applicable statutes, OPM regulations, and this Agreement.

B. All leave charges shall be in increments of one-quarter hour.

Note: Except for employees who accrue and use leave in full-day increments.

C. Employees should request, in advance, approval of anticipated leave.

D. Leave will be denied only for appropriate reasons and not as a form of discipline.

E. No arbitrary or capricious restraints will be established to restrict when leave may be requested.

F. Employees will not be denied leave based solely on their leave balance.

G. For clearly compassionate and appropriate reasons, Management may increase the stated limits applicable to all forms of leave in accordance with governmentwide regulation and law.

Section 2 - Annual Leave

A. Annual Leave is provided to allow employees extended leave for rest and recreation and to provide periods of time off for personal and emergency purposes.

B. The use of accrued annual leave is an absolute right of the employee, subject to the right of the employer to approve when leave may be taken.

C. Management will render timely decisions on employees' leave requests. Employees should submit requests as far in advance as possible.

D. If scheduling conflicts arise among employees' annual leave requests, they shall be resolved consistent with present practices or as otherwise negotiated in local supplemental agreements.

E. When an employee requests annual leave in conjunction with scheduled days off at the beginning and/or end of the leave period, Management will not unilaterally change that employee's days off.

F. The Department recognizes the needs of employees to plan vacation and personal time off. Therefore, the Department will not cancel leave which has been approved without the consent of the employee, except for rare and unusual circumstances.

G. Carryover (restored) leave will be addressed in accordance with applicable rules and regulations.

H. Should conflicts arise in scheduling annual leave, they will be resolved using a fair and equitable procedure negotiated locally. The Department will allow the maximum number of employees to use leave in accordance with coverage requirement.

Section 3 - Excused Absence

Supervisors should excuse, without charge to leave, infrequent, brief periods of tardiness/absence if such tardiness/absence was for a good cause.

Section 4 - Sick Leave

A. Sick leave is an employee's earned benefit and will be granted to the employee for appropriate absences such as when an employee:

1. Receives medical, dental, or optical examination or treatment.

2. Is incapacitated for the performance of duties by sickness, injury, pregnancy, or confinement.

3. Is required to give care and attendance to an immediate family member who is afflicted with a contagious disease.

4. Would jeopardize the health of others by being present on duty after exposure to a contagious disease.

Note: Sick leave is also authorized under the provisions of the Family Friendly Leave Act (Section 18 of this Article).

B. It is the responsibility of an employee who is incapacitated for duty to notify the immediate supervisor or designee (or to have any responsible person make the notification for the employee) at the work site as soon as possible but no later than two hours after the employee is scheduled to report for duty unless mitigating circumstances exist.

C. An employee who expects to be absent more than one day will inform the supervisor or designee of the expected date of return to duty and notify the supervisor of any change. In the case of extended illness, daily reports will not be required.

D. Supervisors should make an effort to accommodate employees who request, in advance, a change in work schedule to meet medical or dental appointments.

Section 5 - Documentation for Sick Leave

A. An employee requesting annual leave, sick leave, or leave without pay for periods of illness of more than three consecutive workdays must make an appropriate request and may be required to furnish evidence of the need for sick leave upon return to duty. An employee may justify the request for sick leave:

1. By medical certification from the Department's personnel physician or the employee's personal physician or health care professional, or

2. By the employee's own written statement in instances where the illness was not treated by a physician. The statement will indicate why a physician was not seen, for example, remoteness of area, nature of illness, or other specific reasons. The supervisor may request clarification should the employee's written statement not be sufficient to support the request.

3. An employee with a chronic medical condition that does not require medical treatment but does result in periodic absences from work will not be required to furnish a physician's certificate on a continuing basis if the employee: (1) is not on leave restriction and (2) provides, if requested, an updated valid medical certificate every six (6) months which clearly states the continuing need for the periodic absences.

4. Medical certification must include a statement that the employee was incapacitated for work and date(s) of incapacitation. This will be considered sufficient for medical certification purposes. This applies to both sick leave of more than three (3) days and certification for sick leave restrictions.

B. Documents regarding employee absence for sick leave purposes are highly sensitive. Management will ensure that they are maintained in a secure and confidential manner.

C. Where there is substantial reason to believe that an employee is abusing sick leave entitlement:

1. The employee shall be formally counseled and advised of the possibility of future medical certification requirements should the abuse continue.

2. If the abuse continues, the employee may be required to furnish a medical certification for each sick leave application.

3. All such cases requiring a counseling or medical certification may be reviewed in four (4) months but not later than six (6) months afterward.

Note: Frequency or amount of leave used will not be the sole factor for determining sick leave abuse, nor will leave for which medical documentation has been provided. When abuse ceases, the restriction will be removed, the record shall be made clean, and the employee will be notified of this action. The employee will also be notified of the reasons, in writing, if the restriction is to be continued.

Section 6 - Leave Misrepresentation

No approved leave or approved absence will be a basis for disciplinary action except when it is clearly established that the employee submitted fraudulent documentation or misrepresented the reasons for the absence.

Section 7 - Nature of Illness

Employees will not be required to reveal the nature of the illness as a condition for approval of sick leave.

Section 8 - Sick Out

Employees may be required to furnish evidence of illness to support approval of sick leave for periods of less than three (3) days when Management has reasonable evidence that a "sick-out" has occurred. Under these circumstances, the Union will be provided, in advance, with the evidence for Management's suspicions that a "sick-out" has occurred.

Section 9 - Registration and Voting

Management agrees that when the voting polls are not open at least three hours either before or after employees' regular hours of work, employees will be granted an amount of excused leave to vote, or to register to vote, which will permit them to report to work three hours after the polls open or leave work three hours before the polls close, whichever requires the lesser amount of time. Under unusual circumstances, an employee can be excused up to a full day. Where release of an employee at the beginning or end of the day would seriously impair operations, the supervisor, to the extent possible, shall make other arrangements to allow the employee a reasonable amount of time during the workday to vote or register to vote.

Section 10 - Unavoidable Delay While on Official Business

When employees are unable to return to their home station through no fault of their own while away on official government business, the employees will notify their supervisors as soon as possible and obtain appropriate instructions. In such instances, the employees will be paid overtime or approved compensatory time, as appropriate, for any time beyond normal duty hours that they are determined to be performing official duties. If the employees are unable to return to their duty stations and must stay overnight at some other location, per diem expenses will be paid when appropriate.

Section 11 - Employee Absences for Court or Court-Related Services

A. Except as otherwise modified by applicable law, governmentwide regulations or other outside authority binding on the Department, an employee summoned or subpoenaed in connection with a judicial proceeding by a court or other authority responsible for the conduct of that proceeding shall be authorized to attend the judicial proceeding without charge to leave or loss of VA salary in the following instances:

1. For jury duty.

2. To appear as a witness on behalf of the Federal, District of Columbia, state, or local government.

3. To appear as a witness on behalf of a private party in an official and job-related capacity or to produce official records.

4. To appear as a witness on behalf of a private party in an unofficial capacity and one of the parties to the proceeding is either the United States, District of Columbia, or a state, or local government.

5. Even though no compensation is received for serving on jury duty in a federal court, employees may keep expense money received for mileage, parking, or required overnight stay. Money received for performing jury duty in state or local courts are indicated on the pay voucher or check as either "fees for services rendered" or "expense money." "Expense money" may be retained by the employee; "fees for services rendered" must be submitted to the appropriate financial office.

6. It is agreed that days off and/or schedules will not be changed to avoid granting absence for court or court-related services.

B. An employee who is granted court leave and is excused or released by the court for any day or substantial portion of a day is expected to return to the employee's regular VA duties except when:

1. Only a small portion of the work day would be involved and thus no appreciable amount of VA service would be rendered.

2. The distance from the court to the place of duty is such that this would be an unreasonable requirement.

3. The regular tour of duty occurs at night.

Section 12 - Leave Without Pay (LWOP)

A. Requests for LWOP will be given serious, bona fide consideration. The granting of LWOP will be in a fair and equitable manner.

B. LWOP may be requested in the same manner and for the same purposes as annual leave and sick leave.

C. Upon written request from the appropriate Union office, an employee may be granted leave without pay to engage in Union activities on the national, district or local level, to work in programs sponsored by the Union or the AFL-CIO. Such requests will be referred to the appropriate Management official. Such employees shall continue to accrue benefits in accordance with applicable OPM regulations. LWOP for this purpose is limited to one year but may be extended or renewed upon proper application.

D. Upon return to duty after a period of LWOP, Management will restore the employee to the position which the employee held prior to the leave or to a similar position at the same grade and pay within the commuting area.

E. Employees may request LWOP for educational purposes.

F. LWOP is granted at the discretion of Management, except in the following cases:

1. When a disabled veteran requests LWOP for medical treatment,

2. When requested by a reservist or National Guard member for military duties in accordance with appropriate military orders. Employees may request such leave after their military leave has been exhausted (38 USC Section 4316(d)),

3. When requested by an employee who has suffered an incapacitating job-related injury or illness and is waiting adjudication of a claim for employee compensation by the Office of Workers' Compensation Program, or

4. When an employee makes a request under the Family and Medical Leave Act and meets the criteria for that program.

Section 13 - Hazardous Weather/Emergency Conditions

A. Management and Union at each facility will jointly plan the procedures for hazardous weather/emergency conditions and will annually communicate these procedures to employees.

B. Facilities under emergency conditions may authorize meals and accommodations for employees who are required to remain on duty.

C. The VA Incentive Awards Program is an appropriate vehicle and will be utilized for recognizing exceptional services rendered by employees during emergency/hazardous weather conditions.

Section 14 - Religious Compensatory Time

A. An employee whose personal religious beliefs require abstention from work during certain periods of time may elect to engage in overtime work to compensate for time lost for meeting those religious requirements.

B. To the extent that such modifications in work schedules do not interfere with the efficient accomplishment of the VA mission, the agency shall in each instance, afford the employee the opportunity to work compensatory overtime and shall in each instance grant compensatory time off to an employee requesting such time off for religious observances when the employee's personal religious beliefs require that the employee abstain from work during certain periods of the work day or work week.

C. For the purpose stated in paragraph B of this section, the employee may work such compensatory overtime before or after the granting of compensatory time off.. Advanced compensatory time off should be repaid with the appropriate amount of compensatory overtime work within a reasonable amount of time. Compensatory overtime shall be credited on an hour-for-hour basis or authorized fractions thereof. Appropriate records will be kept of compensatory overtime earned and used.

Section 15 - Military Leave

A. In accordance with law and regulations, full-time permanent and part-time permanent employees who are members of the National Guard or the Armed Forces Reserves are entitled to 15 calendar days of regular military leave in a fiscal year for active duty or active duty for training.

B. For part-time employees, military leave is prorated based on the number of hours in the employee's work week.

C. Employees who do not use the entire fifteen (15) days can carry any unused military leave (not to exceed fifteen (15) days) over to the next fiscal year. Military leave may never exceed thirty (30) days in any one calendar year.

D. Regular military leave is charged in increments of one (1) day and includes nonworkdays falling within the period of absence of military duty, for example, weekends, holidays, and day off due to compressed work schedules. Nonworkdays falling at the beginning or end of military leave are not included in the period of military leave.

E. Management will take into consideration the schedules of employees who work off-tours and will, when possible, arrange schedules to allow such employees to have scheduled days off immediately preceding and following the required military leave.

Section 16 - Advance Annual/Sick Leave

A. An employee may be advanced all annual leave that will accrue up to the end of the leave year. However, advance annual leave may not be granted to a temporary employee beyond the date set for the expiration of the employee's temporary appointment or to any employee if there is a likelihood that the employee will retire, be separated, or resign from the Department before the date the employee will have earned the leave. Upon separation, employees must repay the balance of any remaining advanced annual leave.

B. Employees who are incapacitated for duty because of serious illness or disability should be advanced sick leave for up to thirty (30) days. The employee will not be required to utilize any annual leave prior to utilizing the advanced sick leave.

C. Advance sick leave may be combined with annual leave when necessary to cover one continuous period of absence.

D. It is agreed that advance leave, including both sick and annual, will be fairly and equitably administered.

E. Denials of requests for advance leave must be conveyed to the employee promptly and must contain a specific explanation of the reasons for the denial.

Section 17 - Voluntary Leave Transfer Program/Leave Bank

As authorized by 5 CFR 630 Subpart J, employees are entitled to donate and receive leave for medical emergencies. By reference, the definitions, eligibility criteria and administrative provisions pertaining to a Voluntary Leave Transfer Program contained in 5 CFR 630 Subpart J are incorporated into this Agreement. The establishment of Leave Banks to administer the leave transfer program is a subject for local supplemental bargaining. Leave Bank Boards will operate by consensus.

Section 18 - Family Friendly Leave

A. Employees may use up to forty (40) hours of sick leave in a year under the Federal Employee Family Friendly Leave Act:

1. To care for or otherwise attend to a family member having an illness, injury, or other condition which if an employee had such a condition would justify the use of sick leave by such an employee and

2. For purposes relating to the death of a family member, including making arrangements for and attending the funeral of such family member.

B. Family member is defined as:

1. Spouse and parents of spouse,

2. Children, including adopted children, and their spouses,

3. Parents,

4. Brothers and sisters and their spouses, and

5. Any individual related by blood or affinity whose close association with the employee is the equivalent of a family member.

C. Up to an additional sixty-four (64) hours may be used if that number of hours does not cause the employee's sick leave balance to fall below eighty (80) hours.

D. The amount of sick leave to which part-time employees are entitled is a pro-rated amount of full-time employees entitlement, in accordance with governmentwide law and regulation.

Section 19 - Family Medical Leave

A. Maternity and Paternity Leave

1. Under the Family Medical Leave Act and this Agreement, bargaining unit employees are entitled to sixteen (16) weeks of LWOP during any twelve- (12) month period for the following reasons:

a. Birth of a son or daughter and the care of such son or daughter and

b. Placement of a son or daughter for adoption or foster care,

2. Supervisors are encouraged to approve additional leave as circumstances warrant.

B. Other Family Medical Leave

Under the Family Medical Leave Act and this Agreement, bargaining unit employees are entitled to twelve (12) weeks of LWOP during any twelve- (12) month period for one or more of the following reasons:

1. The care of a family member of the employee with a serious health condition. Family member is defined as:

a. Spouse and parents of spouse,

b. Children, including adopted children, and

c. Parents.

2. A serious health condition of the employee that makes the employee unable to perform the functions of the position of such employee.

C. Substitution of Paid Leave - For either Paragraphs A or B of this Section, the employee may elect to substitute annual leave, sick leave, compensatory time off, or credit hours for unpaid family or medical leave for any part of the applicable period consistent with governing laws and regulations. Employees may also combine annual leave, compensatory time, sick leave, or credit hours with unpaid family or medical leave for any period of approved leave. An employee may not retroactively substitute paid time off for unpaid family and medical leave.

D. Notice of Leave

1. The employee will make an appropriate request for use of family and medical unpaid leave.

2. When the need for unpaid family and medical leave is foreseeable and the employee fails to give thirty (30) days notice with no reasonable excuse for the delay of notification, the Department may delay the taking of family and medical unpaid leave until at least thirty (30) days after the date the employee provides notice of his/her need for family and medical leave.

E. Medical Certification (when requesting leave for serious health conditions)

1. An employee shall provide written medical certification to the Department in a timely manner.

2. The written medical certification shall include:

a. The date the serious health condition commenced.

b . The probable duration of the serious health condition.

c. The appropriate medical facts within the knowledge of the health care provider regarding the serious health condition including a statement as to the incapacitation, examination, or treatment that may be required.

d. A statement that the employee is unable to perform the functions of his/her position.

3. The Department shall not require any personal or confidential information in the written medical certification other than that required by Paragraph E2 of this Section.

4. If the Department doubts the validity of the original certification, the Department may require, at the Department's expense, that the employee obtain the opinion of a second health care provider designated or approved jointly by the Department and the employee concerning the information certified under Paragraph E2 of this Section.

5. If the opinion of the second health care provider differs from the original certification, the Department may require, at the Department's expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the Department and the employee concerning the information certified under Paragraph E2 above. The opinion of the third health care provider shall be binding on the Department and the employee.

"Health Care Provider" is defined as any of the following individuals:

a. Doctor of Medicine or Osteopathy.

b. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a sublimation as demonstrated by x-ray to exist) who are authorized to practice by state law.

c. Nurse practitioners and nurse midwives who are authorized to practice by state law or Christian Science practitioners listed with the First Church of Christ Scientist, in Boston, Massachusetts.

6. To remain entitled to leave under the Family Medical Leave Act, an employee or the employee's spouse, son, daughter, or parent must comply with any requirement from the Department that he/she submit to examination (not treatment) to obtain a second or third medical certification from a health care provider other than the individual's health care provider.

7. If the employee is unable to provide the requested medical certification before leave begins or the Department questions the validity of the original certification provided by the employee and the medical treatment requires the leave to begin, the Department shall grant provisional leave pending final written medical certification.

8. If, after the leave has commenced, the employee fails to provide the requested medical certification, the Department may:

a. Charge the employee as AWOL, unless:

(1) The reason for not providing the medical certification was beyond the control of the employee.

(2) The employee made a good faith effort to provide the certification.

Prior to being placed on AWOL, an employee will be provided written advance notice of at least ten (10) working days and given the reasons why AWOL is being charged. During this period, the employee may comply with the Department's request for certification, and the AWOL charges will be rescinded.

b . Allow the employee to request that the provisional leave be charged as LWOP or charged to the employee's annual and/or sick leave account, as appropriate.

9. Any health care provider designated or approved by the Department shall not be employed by the Department or be under the administrative oversight of the Department on a regular basis unless the employee's official duty station is located in an area where access to health care is extremely limited.

F. Medical Recertification

While an employee is using leave under the Family Medical Leave Act,, the Department may require, at the Department's expense, subsequent medical recertification from the health care provider only if the circumstances described in the original medical certification change significantly or if the Department receives bona fide information that casts doubts upon the continuing validity of the medical certification. Such requests for medical rectification shall not occur more frequently than every six weeks.

G. An employee eligible under the Department's Family Medical Leave Program may request to participate in the Flexiplace Program consistent with Article _____ of this Agreement.

H. Protection of Employment and Benefits

Upon return from family and medical leave, the employee will be restored to the same position as occupied before the leave or to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.

I. When an employee requests leave under the Department's Family Medical Leave Program, the Department will provide guidance concerning the employee's rights and obligations under the Program.

J. An employee who meets the criteria for leave and has complied with the requirements under this section may not be denied leave, consistent with all applicable rules governing annual or sick leave, as appropriate.

Section 20 - Leave for Bereavement

A. Upon request, subject to any documentation requirements, leave-approving officials shall approve up to five days of annual leave, sick leave, and/or LWOP for employees to mourn the death of the following family members:

1. Spouse,

2. Children, including adopted and step-children,

3. Parents including step-parents,

4. Siblings including step-brother/sister, or

5. Any individual related by affinity, i.e., whose association with the employee is the equivalent to one of the family relationships identified above.

B. Upon request, subject to any documentation requirements, leave-approving officials shall approve one day of annual leave, sick leave, and/or LWOP for employees to mourn the death of a grandparent or parent of their spouse.

C. The supervisor has discretion to require documentation (e.g., obituary, death certificate) prior to final approval of bereavement leave. However, this documentation will normally be required only in unusual circumstances.

Section 21 - Excused Absence (Administrative Leave)

A. Excused absence (sometimes referred to as administrative leave) is absence from assigned duties without charge to leave or loss of pay. The parties agree that excused absence may be granted for activities which are in the Government's interest.

B. Employees will be granted up to four hours of excused absence to donate blood to a Department-sponsored or endorsed blood program. Additional excused absence will be granted to employees who donate blood platelets through Department-endorsed Hemopharesis Programs. Time spent in necessary travel for such purposes shall also be administrative leave.

C. Upon request, subject to certification by a physician, leave-approving officials shall approve excused absence for employees who serve as living donors for bone marrow, organ, and tissue donation and transplantation. The use of excused absence can cover time off for activities such as donor screening, the actual medical procedure, and recovery time. Leave-approving officials shall approve:

1. Up to seven (7) workdays of absence without charge to leave or loss of pay for each donation by employees participating as living bone marrow donors.

2. Up to seven (7) workdays of absence without charge to leave or loss of pay for employees participating as living organ and tissue donors.

The length of absence from work can vary depending on the medical procedure involved in the donation. Therefore, for longer periods of incapacitation, leave-approving officials shall approve annual and/or sick leave or LWOP in combination with the maximum amounts of excused absence specified in Paragraphs 1 and 2 in this Section.