Article 5
Bargaining History
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Section 1. Annual Leave

The parties agree that employees and managers have interests in this area but should be considerate in requesting and granting annual leave.
The parties also agreed to the use of annual leave in 30-minute increments once the computer system is programmed to accommodate this change. The parties will review this provision one (1) year from the effective date of this Agreement.

Section 2. Sick Leave

The parties discussed the procedures by which sick leave is requested and approved/denied. It was agreed that since sick leave must be used for delineated purposes outlined in Section 2.a., the supervisor has the right to inquire as to the reason(s) for the request and verify the reason(s), as appropriate. However, the supervisor should not be overly intrusive and only ask for information necessary to determine if the request is legitimate. The parties agreed that every effort should be made to respect and maintain the employee's privacy.

The parties added the definition of contagious diseases in Section 2.b. The determination of what constitutes a contagious disease is made by the local Health Official having jurisdiction and not DOL. The local Health Official having jurisdiction means the jurisdiction where the patient resides, is quarantined, or attends school if appropriate.

The parties also agreed to the use of sick leave in 30-minute increments once the computer system is programmed to accommodate this change. The parties will review this provision one (1) year from the effective date of this Agreement.

Section 3. Leave Restriction

The parties discussed their common interest in providing employees with discretion in their use of leave consistent with mission requirements, that employees not abuse leave, and that leave problems should be addressed by the supervisor promptly. This is a new Section added to the Agreement to address Union concerns regarding what constitutes leave abuse, uniformity in application of leave abuse letters, the duration of leave restrictions, and that restrictions should address the specific leave problem.
The parties agreed to language in Section 3.a. that the supervisor should discuss leave concerns with the employee at the earliest opportunity so that an employee is aware of the concerns and the appropriate leave procedures may be reviewed with the employee.

The parties also agreed to language in Section 3.b. delineating when leave abuse may be present. Leave abuse concerns may be focused on one, two, or all three of the cited indicators of potential abuse. While Sections 3.b.(2) and 3.b.(3) both refer to patterns, there is an important distinction. Section 3.b.(2) covers a problem such as when an employee has developed a pattern of calling in on Monday mornings to request annual leave or leave without pay for that day. Although no misuse of leave may be involved, the practice of always requesting leave at the last minute is disruptive to the office. The supervisor may therefore inform the employee, through a leave restriction letter, that such leave will not be approved in the future since it is disruptive to the accomplishment of work requirements. However, such a pattern of leave-taking might be approved if requested enough in advance to allow the supervisor to plan for the absences so that work requirements may be accomplished. Leave referred to in Section 3.b.(3) incorporates all types of approved leave, including emergency annual leave, sick leave, emergency sick leave, or leave without pay. The issue here is that a pattern has developed that raises questions about the legitimacy of the requests. An example might be where an employee is "sick" or has an "emergency" every Monday. In such circumstances a leave restriction may be appropriate in order to get additional information to justify the repeated requests.

In discussing this issue, both parties agreed that leave restriction letters should not be based solely on use of approved leave and if there are leave concerns as outlined in Section 3.b., the supervisor may address these concerns in a manner other than placing the employee on leave restriction, including denying the leave or charging the absence as Absence Without Leave (AWOL).

The parties agreed to the language in Section 3.c. to address the concern that leave restriction letters were either overly broad in that the restriction was not limited to the specific abuse problem which exists and, in some instances, dealt with performance issues. For example, if an employee abuses sick leave, the leave restriction should only apply to sick leave. However, where there is a pattern of abuse involving more than one type of leave, the restriction may be as broad as necessary to address the leave problem. Leave restrictions should be used solely to address leave concerns and not performance-based problems.

The parties also agreed to place some general time frames for the duration and subsequent extension of leave restriction letters. The original leave restriction letter may be in place for no longer than four (4) months. The restriction may be in place for a shorter duration if the supervisor deems it appropriate. If the leave problem persists, the leave restriction may be extended for additional periods of up to four (4) month increments.

Section 5. Leave Without Pay (LWOP)

This Section was modified to define what is meant by Leave Without Pay (LWOP) to address confusion as to the differences between LWOP and AWOL. In response to a Union concern that LWOP was viewed in a negative fashion by supervisors similar to AWOL, management indicated that it does not view LWOP as either negative or positive and that LWOP is available subject to supervisory approval and work requirements. Lastly, servicing Personnel Offices will provide requesting employees with a Handout summarizing the impact of LWOP on their benefits.

In determining whether the request for extended LWOP can be granted pursuant to regulation, supervisors will apply the Federal Personnel Manual standards and criteria applicable at the time of the request.

Section 6. Absence Without Leave (AWOL)

This Section was added to define AWOL and to make clear that it may serve as the basis for taking disciplinary action. Language referring to "prior authorization" assumes that the leave was requested, and approved, for legitimate reasons.

Section 7. Administrative Leave

Subsections a., d., e., f., g., h., and i. were added to reflect activities for which administrative leave may be authorized.

Section 8. Court Leave

This Section was added to reflect current regulations governing court leave.

Section 9. Religious Leave

This Section was added to reflect current regulations governing religious leave.

Section 10. Leave Transfer Program

This Section was added to incorporate the previously negotiated Memorandum of Understanding on this topic.

Section 11. Lunch Period

This Section was added to clarify when the lunch period can be taken.