Article 5
Leave
History

The Department will adhere to all applicable Government-wide rules and regulations and the provisions in this Article in the administration of leave.

Section 1. Annual Leave

a. The taking of annual leave is a right of an employee. The granting and scheduling of said leave is 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. Annual leave which will be earned during the leave year will be credited at the beginning of the leave year and is available for use during the year. 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 leave taken above that which has been accrued 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 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 thirty (30) minutes (.5 hours) once the Department's computer system is programmed to accommodate this change.
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 sickness, injury, or pregnancy and confinement; or
(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.

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 thirty (30) minutes (.5 hours) once the Department's computer system is programmed to accommodate this change.
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 3 below.
f. Upon request and the presentation of a medical certificate, sick leave will 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. 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 which 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 4. 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 4.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 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 Federal Personnel Manual (FPM) Chapter 630 and its supplement.
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 Personnel 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 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) A 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 on behalf of the Federal Government or State or local Government.

Section 9. Religious Leave

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 with his/her supervisor to work the compensatory time off.

Section 10. Leave Transfer Program

a. The parties agree to establish a Joint Committee within three (3) months of implementation of the Agreement. The Committee will develop strategies designed to promote and encourage DOL employee participation in the Leave Transfer Program. The Joint Committee will also evaluate the operation of the Program, including procedures used with respect to actual leave donated and instances of such leave being unused and forfeited.
b. The Joint Committee will review disapproved applications of potential leave recipients in the bargaining unit and may authorize approval of such. The decision of the Joint Committee is final and cannot be grieved.
c. Unused donated leave shall be returned to donating employees in increments the Department utilizes to account for leave.

Section 11. Lunch Period

Employees' normal lunch break will begin no earlier than 11:00 a.m. and conclude no later than 2:00 p.m.