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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. 6. Leave Bank Program 7. 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. 8. 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. 9. 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. f. Membership/Open enrollment periods g. (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. h. 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. i. 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. j. 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. k. Forms l. 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. m. 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. n. Review of applications o. The Department will handle all administrative processing of applications and donations. p. 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. q. 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. r. The Board shall act on Leave Bank applications within ten work days of their receipt of the completed form. s. 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. t. Procedures after approval/denial of Leave Bank applications u. Leave shall be transferred as expeditiously as possible, no later than the pay period following the approval. v. All Leave Bank records will be maintained in accordance with records management regulations and guidelines. w. Limits on receipt of donated leave from the Bank x. 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. y. 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. z. 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. aa. Monitoring of use of donated leave/status of medical emergency bb. Before using any leave from the Leave Bank, an employee is required to exhaust any leave received from the Leave Transfer program. cc. 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. dd. 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. ee. The Board will develop a system to monitor the termination of medical emergencies for the Leave Bank program. ff. Employees have a responsibility to promptly notify the Board if the emergency terminates. gg. 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. hh. 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. ii. Publicity jj. 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. kk. A liaison person will be designated in each agency. ll. 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. 3. Family Leave 4. An employee may be absent on annual leave or leave without pay for purposes of aiding, assisting, or caring for family members. 5. 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. 6. 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. 7. 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. 8. Definition of Family Member For the purposes of this Article, family member means the following relatives of the employee: 9. Spouse and parents thereof; 10. Children, including adopted children, and spouses thereof; 11. Parents; 12. Brothers and sisters, and spouses thereof; and Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. |
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Article 6 Leave (cont.) |
