Article 6
Leave

The Department will adhere to all applicable Government-wide rules and regulations and the provisions in this Article in the administration of leave. Moreover, the Department shall administer this article in accordance with DPR 630, as specified or except as provided herein.

Section 1. Annual Leave

a. The taking of annual leave is a right of an employee, subject to the right of the supervisor to schedule the time at which annual leave may be taken based on the needs of the Department in accomplishing its mission. The employee and supervisor are encouraged to plan, to the extent possible, the utilization of annual leave.
b. Approval to use annual leave that an employee has not yet earned is at the discretion of the supervisor. The amount of annual leave that may be advanced during a leave year is limited to the lesser of 64 hours or the amount of annual leave an employee would accrue in the remainder of the leave year. Requests for advanced annual leave for a period in excess of 64 hours, not to exceed the amount of annual leave an employee would accrue in the remainder of the leave year, may be approved when an employee is confronted with an emergency or other exceptional circumstance. However, if an employee separates from DOL prior to the end of the leave year, he/she will be required to pay back the value of any advanced leave for which he/she is indebted as of the date of separation.
c. Except in an emergency (unanticipated event), annual leave must be requested in advance (i.e., when the employee has knowledge of the need). Management's decision to grant or deny annual leave will be based solely on mission (including coverage) requirements; except in emergency situations, the reason for the leave request will not be considered. If requested by the employee, the supervisor shall discuss the reason for the denial of any request, and discuss when the employee would be able to take the requested leave.
d. Annual leave may be used in increments of fifteen (15) minutes (.25 hours).
e. Annual leave which is accrued beyond 240 hours will be lost at the end of the leave year unless it is used or the leave is restored. Annual leave above the 240 hour carry-over limit may be restored if: (1) the leave has been requested by the employee in writing before the beginning of the third pay period before the end of the leave year; (2) it is approved by the supervisor in writing but is subsequently not used in the leave year due to illness or business exigency; and (3) it cannot be rescheduled during the remainder of the leave year.

Section 2. Sick Leave

a. Earned sick leave will be granted when an employee:

(1) requests advance approval for medical, dental, or optical examination or treatment;
(2) is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy, or childbirth;
(3) is required to give care and attendance to a member of his/her immediate family afflicted with a contagious disease, or would jeopardize the health of others because of exposure to a contagious disease.
(4) provides care for a family member who is incapacitated by a medical or mental health condition or attends to a family member receiving medical, dental, or optical examination or treatment;
(5) provides care for a family member with a serious health condition;
(6) makes arrangements necessitated by the death of a family member or attends the funeral of a family member; or
(7) must be absent from duty for purposes relating to adoption of a child, including appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow the adoption to proceed.

b. A contagious disease is a disease ruled to be subject to a quarantine, requiring isolation of the patient, or requiring restriction of movement by the patient for a specified period of time as prescribed by the local health authorities having jurisdiction.
c. When an employee in the unit is unable to report for duty because of illness or injury, notification must be given to the appropriate supervisor as soon as possible, normally no later than the beginning of core hours. It is the responsibility of the employee to keep supervisors advised regarding a continuing absence on sick leave.
d. Sick leave may be used in increments of fifteen (15) minutes (.25 hours).
e. A period of absence on sick leave in excess of three (3) consecutive workdays must ordinarily be supported by a medical certificate. However, if the circumstances surrounding the employee's absence indicate that the services of a physician were not available or required, the employee's written statement may be accepted in lieu of a medical certificate. When an employee's absences indicate a possible abuse of sick leave, the submission of a medical certificate may be required to support any leave absence regardless of its duration, in accordance with Section 4 below.
f. Upon request and the presentation of a medical certificate, sick leave should normally be advanced to permanent employees in the bargaining unit, not to exceed thirty (30) days, for cases of serious illness or injury and when the employee's absence extends beyond three (3) consecutive days. However, no advance sick leave will be made to employees for whom future accrual of sick leave is doubtful.

Section 3. Leaves of Absence for Full-Time Union Business

a. Management agrees, upon written request, to approve a leave of absence for any bargaining unit employee who is elected to a position of National Officer of the American Federation of Government Employees (AFGE), AFL-CIO, or an officer of Local 12, AFGE, for the purpose of serving full time in the elected position.
b. Leaves of absence granted under Section 3.a. of this Article will be for a period concurrent with the term of office of the elected official or representative and will be automatically renewed by Management upon notification in writing from the elected official or representative that he/she has been re-elected and wishes to continue in a leave of absence status.
c. An employee within the unit may accept full-time employment to an appointed position with AFGE, and shall be granted leave of absence by the Department for a period of up to one (1) year, which leave shall be extended upon request, with the consent of Local 12, up to a total period of two (2) years. No more than three (3) employees within the bargaining unit shall be granted such leave during any given period.
d. The Union agrees that all of the leaves of absence granted or approved in accordance with this Article are without pay and subject to all conditions that may be imposed by law or higher regulation.
e. Employees on leave of absence, as described in this Section, are entitled to coverage under the health, life insurance, and retirement programs, as provided for by Title 5 of the United States Code and Office of Personnel Management regulations.
f. Management, to the extent of its authority, shall place the employee at the end of the leave of absence in the position the employee left, or one of like status, grade, and pay.

Section 4. Leave Restriction

a. Supervisors should discuss concerns regarding leave usage with the employee at the earliest opportunity.
b. Leave abuse may be present when:

(1) proper procedures are not followed in requesting leave;
(2) the pattern of taking leave is disruptive to the mission of the office; or
(3) prior leave patterns may indicate a misuse of leave.

c. When an employee's absences indicate an abuse of leave, the employee will be advised in writing of the problem and the appropriate restrictions which apply. The leave restriction should deal with the identified leave abuse problem and the procedures that must be followed to obtain leave. Leave restrictions will be in place for no longer than four (4) months. However, if the problem persists, the leave restriction may be extended in increments of four (4) months or less.

Section 5. Leave Without Pay (LWOP)

a. Leave without pay (LWOP) is a temporary nonpay status and approved absence from duty granted upon the employee's request during hours which an employee would otherwise work or for which he/she would be paid.
b. Requests for extended leave without pay, not to exceed one (1) year, may be approved if they can be justified under standards and criteria outlined in 5 CFR 630.
c. Other requests for short periods of leave without pay may be granted, depending on workload and the needs of the Department.
d. Information regarding the impact of LWOP on employee benefits may be obtained from the employee's servicing Human Resources Office.

Section 6. Absence Without Leave (AWOL)

a. Absence without leave (AWOL) is absence without approved leave. An employee may be charged with AWOL when absent without prior authorization and without adequate reason for failing to obtain prior approval for the absence.
b. A charge to AWOL is not a disciplinary action but may serve as the basis for taking disciplinary action.

Section 7. Administrative Leave

a. Administrative leave is an authorized absence from duty without loss of pay or charge against leave which supervisors may grant. It may be granted for purposes related to but not part of an employee's regular duties, or for civic duties or activities which are deemed to be in the interest or to further a function of the Department. Administrative leave can only be granted for activities which can be paid for by DOL appropriations and which cannot be accomplished outside regular business hours.
b. All employees are expected to make reasonable adjustments in their arrangements for getting to work when it is anticipated that hazardous or other extraordinary circumstances that disrupt public or private transportation may complicate the arrival of employees at work. Such arrangements should include exploring alternative means of transportation, if they are available.
c. Management may apply administrative leave to tardiness which is clearly attributable to extraordinary weather, public transportation, or traffic tie-up conditions. In considering requests for excused absences, Management shall consider factors such as the distance between the employee's residence and place of work, the modes of transportation available to an employee, and the efforts made by employees traveling under similar circumstances in getting to work on time.
d. Registration and Voting

(1) As a general rule, where the polls are not open at least three (3) hours before or three (3) hours after an employee's regular hours of work, the employee may be granted an amount of administrative leave to vote in a civil election which will permit the employee to report for work up to three (3) hours after the polls open or leave work up to three (3) hours before the polls close, whichever requires the lesser amount of time off.
(2) Under exceptional circumstances where the general rule does not permit sufficient time, an employee may be excused for such additional time as may be needed to enable the employee to vote, depending upon the particular circumstances in the individual case, but not to exceed a full day.
(3) If an employee's voting place is beyond normal commuting distance and vote by absentee ballot is not permitted, the employee may be granted sufficient time off in order to be able to make the trip to vote. Where more than one (1) day is required to make the trip to the voting place, the Department shall observe a liberal policy in granting the necessary leave for this purpose. Time off in excess of one (1) day shall be charged to annual leave or earned credit hours or compensatory time or if annual leave is exhausted, then to LWOP.
(4) For employees who vote in jurisdictions which require registration in person, time off to register may be granted on substantially the same basis as for voting, except that no such time shall be granted if registration can be accomplished on a non-workday and the place of registration is within reasonable one-day round-trip travel distance of the employee's place of residence.

e. Civil Defense Activities

(1) Full-time employees who participate in Federally recognized civil defense programs may be excused for a reasonable amount of time, to participate in pre-emergency training and test programs, without charge to leave up to a maximum of forty (40) hours in any calendar year.
(2) Employees seeking approval for administrative leave under this Section shall provide to the supervisor evidence from State or local civil defense officials that the employee served or participated in such programs pursuant to a specific request of a public governmental body or organization established pursuant to and in accordance with a State civil defense law.

f. Participation in Military Funerals
An employee who is a veteran of a war or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave up to four (4) hours, to enable the employee to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces whose remains are returned from abroad for final interment in the United States.
g. Blood Donation
An employee donating blood at an officially authorized blood bank, or in emergencies to individuals, may be granted sufficient administrative leave to donate blood up to four (4) hours on the same day on which the donation is made and not more than once in a calendar month.
h. Medical
Administrative leave may be granted for:

(1) Absence to obtain services available at the Employee Health Unit at work;
(2) Absence to travel to, undergo, and return from a medical examination requested by an authorized Department official; or
(3) Absence while undergoing initial examination and emergency treatment of work-related injuries on the day of injury.

i. Examinations
Administrative leave may be granted as follows:

(1) Absence to take either Departmental or civil service examinations required in connection with:

(a) An application for promotion, reassignment, or other position change in the Department;
(b) Acquisition of civil service status in the Department; or
(c) Consultation with DOL employee development personnel, or taking an aptitude or other test arranged for by such personnel.

(2) Absence for up to three (3) workdays to take a Certified Public Accountant (CPA) examination, provided that accounting is directly related to the employee's current duties.
(3) Absence of a legal assistant or attorney either as a means of qualifying for appointment as attorney, or if deemed by the Department to be necessary for the effective conduct of the Government's business:

(a) while taking an examination for admission to the bar of any State or of the District of Columbia (either for initial admission or for admission in another jurisdiction); or
(b) while appearing in court to be admitted to practice, either initially or in another jurisdiction.

Section 8. Court Leave

An employee will be authorized absence from work status without charge to leave or loss of pay for jury duty, or for attending judicial proceedings in a non-official capacity as a witness in which the Federal Government or State or local Government is a party.

Section 9. Compensatory Time Off for Religious Observances

A supervisor may permit an employee to work compensatory time off for the purpose of taking time off without charge to leave when religious beliefs require the employee to abstain from work during certain periods of the workday or workweek, to the extent that modifications in work schedules do not interfere with the efficient accomplishment of the Department's mission. The employee may work the compensatory time off either before or after taking it. In either case, the employee must establish a schedule subject to supervisory approval to work the compensatory time off.

Section 10. Voluntary Leave Bank and Leave Transfer Programs

a. General

(1) The Department agrees to maintain voluntary Leave Bank and Leave Transfer programs.
(2) The Leave Bank program will be administered by a Leave Bank Board. The Department will provide administrative support to the Board.
(3) The Leave Transfer program will be administered by the Department.
(4) The employee is responsible for advising the supervisor of the intent to apply for the Leave Bank or Leave Transfer programs, completing an application, and advising the Board or Department upon termination of the need for donated leave.
(5) The employee’s supervisor is responsible for monitoring use of donated leave, ensuring that it is used in an appropriate manner, denying use of donated leave for other than an acceptable use, and advising the Board or Department of any concerns.

b. Leave Bank Program

(1) The Leave Bank Program will be administered by a Leave Bank Board. The Leave Bank Board will be comprised of one management-designated official, one Local 12-designated official, and one employee mutually agreed to by both management and Local 12. Bank Board members will serve 2 year, staggered terms.
(2) The Board shall not discriminate in violation of any Federal law, including but not limited to Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the Pregnancy Discrimination Act.
(3) Operation of the Board

(a) The Board will operate by consensus. Failure to reach consensus on an application will result in the denial of the application and notice to the applicant of the denial.
(b) At least two Board members shall be present at Board meetings. In the event that two members are unavailable in person or telephonically to act on an application in a timely manner (i.e., within ten days), then the remaining member may approve an application for no more than one pay period's worth of leave. Additional leave subsequently may be granted/denied by the Board based on the same application.
(c) Board decisions are final. All applicants will receive written notice of Board decisions either by memorandum or e-mail. Reconsideration of a Board decision (by the Board) shall be the sole right of appeal. Applicants may seek reconsideration, with or without submission of additional information or arguments. The Board will institute procedures for reconsideration and applicants who are denied leave in whole or in part will be advised of the procedures.
(d) All Board deliberations are confidential unless the Board determines otherwise under the particular circumstances. Consistent with applicable laws and regulations, the privacy of applicants will be protected.
(e) The Board will establish rules for allocating limited available leave. These rules (and any other operating rules) must be published. The Board may adjust these (and other) rules. Changes to the rules may be made no more than once a year unless the Board determines they are needed to meet the needs of members, taking into consideration the integrity of the program, and the desirability for consistency.

(4) Membership/Open enrollment periods

(a) The Leave Bank Board will have at least one open season per year that will last at least thirty days. The Board may initiate "emergency" open seasons if it determines that available leave is not sufficient to meet the needs of members.
(b) There will be a thirty-day individual open season period, during which the employee may elect to become a Leave Bank member, which begins on the date an employee (a) first enters on duty, (b) transfers to the National Office, or (c) returns from an extended absence outside an open season.
(c) Unless they opt out, employees who join the Leave Bank will have their membership automatically rolled over each year and the minimum leave donation will be automatically deducted. Employees will be given notice of the opportunity to opt out prior to the end of the year.
(d) The Board shall require donations of the minimum requirements set forth in 5 CFR 630.1004(g). The Board may raise or lower the minimum in future years based only on the needs of the program.

(5) Forms

(a) The Board shall develop all necessary forms to administer the Leave Bank program. Necessary forms shall be kept to a minimum and shall require only the minimum amount of information necessary.
(b) The Board shall develop a system and form to permit employees to donate leave outside of open season periods and to facilitate donating leave that might otherwise be forfeited.

(6) Review of applications

(a) The Department will handle all administrative processing of applications and donations.
(b) The Department will review Leave Bank applications and make recommendations to the Board regarding compliance with regulatory and Board requirements, researching past rules for consistency.
(c) The Board may delegate to the Department’s Human Resource Center the authority to approve leave donations. The decision to delegate this authority must be by consensus.
(d) The Board shall act on Leave Bank applications within ten work days of their receipt of the completed form.
(e) In considering applications, the Board, at a minimum, shall consider the factors in 5 CFR Part 630. The Board may consider factors in addition to those in 5 CFR Part 630, but if it does so, the factors must be published. The Board may adjust its rules, provided the changes are published.

(7) Procedures after approval/denial of Leave Bank applications

(a) Leave shall be transferred as expeditiously as possible, no later than the pay period following the approval.
(b) All Leave Bank records will be maintained in accordance with records management regulations and guidelines.

(8) Limits on receipt of donated leave from the Bank

(a) A recipient may receive no more than 160 hours of leave from the Leave Bank per Bank year. The Board may establish a time limit in which leave must be used.
(b) Thirty days after the end of each open season period, a limit per recipient will be established that is equal to one percent of leave in the Bank as of that date. In any Bank year, approved recipients may be granted total Bank Leave up to the lesser of 160 hours or the limit so established. Recipients who need more leave than the established limit may apply for and receive additional leave via the Leave Transfer program.
(c) The Board, subject to approval of the Director of Human Resources, may change the established cap on the number of hours recipients may receive from the Leave Bank per Bank year.

(9) Monitoring of use of donated leave/status of medical emergency

(a) Before using any leave from the Leave Bank, an employee is required to exhaust any leave received from the Leave Transfer program.
(b) The Board shall have discretion as to how to act regarding incidents of employee abuse and shall establish and publish the guidelines it will follow.
(c) If abuse is found, such as using Bank leave for purposes other than the approved medical emergency or submitting false or modified documentation in support of an application, the Board will terminate the employee’s right to use donated leave during the medical emergency, will return unused leave to the Bank and/or donors, and may terminate the employee’s Bank membership. In addition, the Board may inform the employee’s supervisor of the abuse, which may be considered for possible disciplinary action at the supervisor’s discretion.
(d) The Board will develop a system to monitor the termination of medical emergencies for the Leave Bank program.
(e) Employees have a responsibility to promptly notify the Board if the emergency terminates.
(f) Employees have a responsibility to coordinate with their agency to arrange for any unused leave to be restored back to the Bank and/or donors.
(g) Supervisors will be advised when an employee is granted leave under the program. Supervisors may alert the Board if they are aware that a medical emergency has terminated and they believe the Board may not be aware.

(10) Publicity

(a) The Department, in coordination with the Board, will issue an annual report to the Leave Bank members; continue to maintain a handbook for all members; advise employees of the program to promote membership; and notify members periodically of the Leave Bank status and activities, rules, etc.
(b) A liaison person will be designated in each agency.
(c) The Board will hold a membership forum at least once a year.

Section 11. Family Leave

a. General
In recognition of the need for a flexible and compassionate leave policy to assist employees to blend their worklife and their family responsibilities, and to promote a harmonious relationship among their needs, Management will consider all reasonable and timely requests from employees that meet the criteria established for leave as provided for in this section. Further, because we recognize that balancing home and workplace needs is important to the well-being of employees and therefore the productivity of the Department, Management and Local 12 support DOL programs designed to assist employees in meeting their family care needs. The intent of this section is to encourage the development of innovative and cost-effective approaches to providing additional assistance in meeting employee family care needs. The Department, to the extent permitted by Government rules and regulations and budget, will support these programs. This section is to be read in tandem with the Family and Medical Leave Act (FMLA) and the Federal Employee Family Friendly Leave Act (FEFFLA).
b. Maternity, Paternity, and Child-Rearing Leave

(1) Sick leave may be used for those periods of absence related to incapacitation due to pregnancy and confinement. Annual leave or LWOP may be used when sick leave is not sufficient to cover this period. Absences which are not medically certified as due to incapacitation for the performance of duty may not be charged to sick leave; such absences must be charged to annual leave, earned credit hours or compensatory time, or leave without pay.
(2) After delivery and recuperation, the employee may desire a period of adjustment or need time to make arrangements for the care of the child. Such additional leave requirements may be taken care of by the use of available approved annual leave or leave without pay.

c. Family Leave

(1) An employee may be absent on annual leave or leave without pay for purposes of aiding, assisting, or caring for family members.
(2) An employee requesting extended annual leave or leave without pay shall provide Management a reasonable advance notice which is commensurate with the extended period of absence. All leave will be granted subject to mission requirements of the Agency.
(3) In the case of extended periods of absence, Management will attempt to return the employee to the same job and location. Employees on extended approved absences may be recalled subject to the needs of the Agency mission.

d. Adoptive Leave
Annual leave, earned credit hours and compensatory time, leave without pay, or sick leave, in accordance with Office of Personnel Management (OPM) regulations, can be used by an employee for those absences associated with their adoption of children.
e. Definition of Family Member
For the purposes of this Article, family member means the following relatives of the employee:

(1) Spouse and parents thereof;
(2) Children, including adopted children, and spouses thereof;
(3) Parents;
(4) Brothers and sisters, and spouses thereof; and
(5) Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.