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Article 6 Leave
Posted On: Oct 29, 2013

Article 6


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. An employee has the right to take annual leave (as described in Section 1.c

of this Article), subject to the right of the supervisor to schedule the time at

which annual leave may be taken based solely 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 is limited to the amount of annual leave an employee would

accrue in the remainder of the leave year. When an employee who is

indebted for advanced annual leave separates from Federal service, he or

she is required to refund the amount of advance leave for which he or she

is indebted.

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. The reason for the leave

request will not be considered except in emergency situations. 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 shall be granted in accordance with 5 CFR 630 when an


(1) requests advanced approval for medical, dental, or optical

examination or treatment; or

(2) is incapacitated for the performance of duties by physical or mental

illness, injury, pregnancy, or childbirth.

b. An employee may use up to 104 hours (13 days) of sick leave per calendar

year when the employee:

(1) 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. A contagious disease is a disease ruled to be subject to

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.

(2) 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; or

(3) makes arrangements necessitated by the death of a family member

or attends the funeral of a family member.

c. In accordance with 5 CFR 630, an employee may use up to twelve (12)

weeks of sick leave each leave year for:

(1) caring for a family member with a serious health condition; or

(2) purposes relating to the 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. Adoptive parents who voluntarily

choose to be absent from work to bond with or care for an adopted

child may not use sick leave for this purpose. Parents may use annual

leave or Leave Without Pay (LWOP) for these purposes. An Agency

may request administratively acceptable evidence for absences

related to adoption.

d. If an employee previously has used any portion of the 104 hours specified

in Section 2.b of this Article in a leave year, that amount must be included

as part of the twelve (12) week entitlement pursuant to the Family Medical

Leave Act (FMLA) if the employee substitutes sick leave for LWOP under


e. When an employee in the unit is unable to report for duty or remain on duty

because of illness or injury, notification must be given to the appropriate

supervisor as soon as possible. It is the responsibility of employees to keep

their supervisors advised regarding a continuing absence on sick leave.

f. Sick leave may be used in increments of fifteen (15) minutes (.25 hours).

g. 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 will 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 absence regardless

of its duration, in accordance with Section 4 below. The medical certificate

would indicate that the employee is under the care of a physician, is

incapacitated for duty, and the expected duration of such incapacitation.

The employee shall not normally be required to provide specific medical

information such as diagnosis and prognosis. However, the employee may

choose to provide more detailed information to Departmental or Agency

representatives within the chain of command.

h. The Agency agrees that all medical information or documentation furnished

by the employee to the Agency will be subjected to all privacy rules and

regulations, including but not limited to HIPAA, and that disclosure will only

be made to those individuals who have a need to know in order to make an

informed management decision regarding the employee’s requested sick


i. 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 work 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), AFLCIO,

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 National Office, 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.

However, as an exception to the above sentence additional requests may be

submitted as the need arises.

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 government-wide law or 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.At the end of the leave of absence, it is management’s intent to place the

employee in the position the employee left wherever practicable. In the

alternative, upon return, the employee will be placed in a position in the

same job series, with the same status, grade, pay and promotional potential

as the one he/she last occupied.

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;


(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 three (3) months. However, if

the problem persists, the leave restriction may be extended in increments of

three (3) months or less.

Section 5. Leave Without Pay (LWOP)

a. Leave Without Pay 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. The supervisor may approve requests for up to eighty (80) hours. Approval

of LWOP for periods of more than 80 hours is at the discretion of the next

higher level supervisor, who may re-delegate this authority to the

immediate supervisor. Supervisors at a higher level than the DOL Agency

Head or Regional Administrator are not bound by the 80 hour limitation in

approving LWOP.

c. Any material change in the conditions upon which approval was based will

terminate the granting of LWOP thirty (30) calendar days after the change,

unless a new application is submitted for approval within that period. Each

employee who is granted LWOP for more than 30 calendar days of

continuous absence will be informed of this rule at the time the LWOP is


d. DOL Agencies may initially approve LWOP for any period up to 52 weeks.

However, longer periods of time for LWOP may be approved only in unusual

circumstances or if the requested time is in furtherance of a program of

interest to the Federal government, such as the Peace Corps. While it is

anticipated that DOL Agencies will carefully scrutinize requests for renewal

of LWOP, all relevant factors must be considered.

e. Approval for LWOP must be granted in accordance with 5 CFR 630 for:

(1) Military training or active duty for members of the Reserves or

National Guard who are not entitled to, or have exhausted their

military leave;

(2) Medical treatment for disabled veterans; or

(3) Employees exercising LWOP rights under FMLA.

f. Without having to invoke FMLA, employees may request time in order to

fulfill other family obligations (up to 24 hours of LWOP each calendar year)

solely for purposes of:

(1) School and early childhood educational activities;

(2) Routine family medical purposes;

(3) Elderly relatives’ health or care needs.

g. Other requests for short periods of LWOP for any other reason may be

granted, depending on workload and the needs of the Department.

h. Information regarding the impact of LWOP on an employee’s benefits and

service time may be obtained from the employee’s Human Resources Office.

i. If the request for LWOP was submitted by the employee in writing, any

denial of LWOP will be provided to the employee in writing within five (5)

work days of the employee’s request.

j. Upon return to duty after a period of LWOP lasting three (3) months or less,

the parties agree that an employee should normally be returned to his/her

original position and grade level prior to the absence. Upon return to duty

after a period of LWOP lasting greater than three (3) months, the employee

will be returned to his/her original position, if available. In either case,

where the original position is not available, the employee will be returned to

a similar position at the same job series, grade level, status and pay, and

with the same promotional potential, as the position previously held.

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.

c. When Management determines that it will charge an employee with AWOL,

it will notify the employee in writing of the intention to do so. The

notification will be issued to the employee as soon as possible, but no later

than the end of the pay period for which AWOL is recorded. The charge of

AWOL will be changed to the appropriate leave category if it is determined

later that the absence was excusable.

d. Employees should not be normally be charged AWOL for brief isolated

periods of tardiness when it is established to be beyond the employee’s

control and advance notice is not possible. Management will treat

employees fairly and equitably in determining whether to charge AWOL in

such circumstances.

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 of, 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 conditions that are beyond the employee’s control such as

extraordinary weather, public transportation, or traffic conditions. In

considering requests for excused absences, Management will 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. Management will treat employees equitably in approving

administrative leave in such circumstances.

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 the employee’s 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 leave 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, compensatory time or 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


(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 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 Treatment

Administrative leave may be granted for:

(1) Absence to obtain services available at the Employee Health Unit at


(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

(1) Administrative leave may be granted as follows:

(a) Absence to take either Departmental or civil service

examinations required in connection with:

1. An application for promotion, reassignment, or other

position change in the Department; or

2. Acquisition of civil service status in the Department.

(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 shall be authorized absence from work status without charge to leave

or loss of pay for jury duty, or for attending, in a non-official capacity as a witness,

judicial proceedings in which the Federal government or State or local government

is a party.

Section 9. Compensatory Time Off for Religious Observances

A supervisor shall permit an employee to earn compensatory time 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 use

the compensatory time for this purpose before or after earning it. In either case,

the employee must establish a schedule subject to supervisory approval to work

the compensatory time.

Section 10. Leave Bank and Voluntary Leave Transfer Programs

a. General

(1) The Department agrees to maintain the Leave Bank and the

Voluntary Leave Transfer Programs.

(2) The Leave Bank will be administered by a Joint Leave Board. The

Department will provide administrative support to the Board.

(3) The Voluntary Leave Transfer Program will be administered by the


(4) The employee is responsible for advising the supervisor of the intent

to apply for the Leave Bank or Voluntary Leave Transfer Programs,

and completing an application. If the employee is unable to complete

an application because of his or her medical condition, the employee

may designate a representative to apply on his or her behalf, which

may be a family member, supervisor, co-worker or representative.

The employee will notify the Human Resources Center (HRC) Leave

Staff as soon as his or her medical emergency ends. The employee’s

supervisor is responsible for monitoring the use of donated leave,

ensuring that it is used in an appropriate manner, denying the use of

donated leave for other than an acceptable use, and advising the

Board or Department of any concerns.

(5) The supervisor is also responsible for notifying the HRC Leave Staff if

the recipient becomes approved for workers’ compensation or

disability retirement.

(6) Approved recipients are not entitled to the use of Leave Bank

benefits without prior supervisory approval. Employees must have

supervisory approval prior to using any leave from the Leave Bank

unless they have invoked their rights under FMLA.

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 managementdesignated

official, one Local 12-designated official, and one

employee mutually agreed to by both Management and Local 12.

(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 majority vote. Failure to reach a

majority on the approval of an application will result in the

denial of the application and notice to the applicant of the


(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 (10) days), then the remaining

member may approve an application for no more than one (1)

pay period's worth of leave. Additional leave subsequently may

be granted or denied by the Board based on the same


(c) All applicants will receive written notice of Board decisions

either by memorandum or e-mail. Reconsideration of a Board

decision shall be the sole right of review. There is only one (1)

reconsideration available to the applicant if his/her application

is not approved. The applicant will have thirty (30) days to

request that the Board reconsider its initial decision. 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 operating rules and rules for allocating

limited available leave. These rules must be published. The

Board may modify these 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 open enrollment period allows employees to join or cancel

membership in the Leave Bank. The enrollment period is

November 1 – 30 of each year and will convey membership in

the Leave Bank for the following leave year. The Board may

initiate “emergency” open seasons if it determines that

available leave is not sufficient to meet the needs of its


(b) There will be a thirty (30) 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.

(5) 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.

(6) The Board shall require donations of the minimum requirements set

forth in 5 CFR 630. The Board may raise or lower the minimum in

future years based only on the needs of the program.

(7) 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


(8) 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 and applying

past rulings 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 majority.

(d) The Board shall act on Leave Bank applications within ten (10)

work days of its 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 modify

its rules, provided the changes are published.

(9) Procedures after approval or 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.

(10) 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 lifetime limit of leave from

the Bank is 1,200 hours per recipient. The Board may establish

a time limit in which leave must be used.

(b) The parties will conduct an annual Joint Labor-Management

Leave Bank Drive whereby employees will be encouraged to

donate leave to the Leave Bank and become members of the

Leave Bank. The Leave Bank Drive will be conducted, at a

minimum, in September or October in anticipation of the

Leave Bank Open Season.

(c) Thirty (30) 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.

(d) The Board, subject to approval of the Director of Human

Resources, may change the established cap on the number of

hours (currently 160 hours) recipients may receive from the

Leave Bank per Bank year.

(11) 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.

(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.

(12) 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 by each Agency.

(c) The Board will hold a membership forum at least once a year.

Section 11. Break Time for Nursing Mothers

The Department shall provide reasonable break times for an employee to express

breast milk for her nursing child as needed for one (1) year after the child's birth.

During this period, the Department shall provide a private place, other than a

bathroom, that is shielded from view and free from intrusion from coworkers and

the public, for a nursing mother to express breast milk. The parties agree this time

period can be extended when requested by an employee.

Section 12. Family Leave

a. General

Management shall 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 FMLA.

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, children of domestic partners,

and spouses thereof;

(3) Parents;

(4) Brothers and sisters, and spouses thereof;

(5) Any individual related by blood or affinity whose close association

with the employee is the equivalent of a family relationship, including

but not limited to domestic partners, legal guardians and wards,

grandparents, and Godchildren.

b. Maternity, Paternity, and Child-Rearing Leave

(1) Consistent with the laws and regulations for using leave, an

employee may be granted any combination of annual leave, sick

leave, LWOP, compensatory and/or credit time. The employee can be

granted leave of up to twenty-four (24) months for the purpose of

pregnancy, assisting and/or caring for the minor children of the

employee (including adopted children, children in the custody of the

employee, or children of the employee’s domestic partner), and

caring for a relative (wife, mother, sister, daughter, or domestic

partner) who is a mother of a newborn child while the mother is

incapacitated for maternity reasons.

(2) It is understood that benefits and service time may be affected by

prolonged periods of LWOP. Information regarding the impact of

LWOP on an employee’s benefits may be obtained from the

employee’s Human Resources Office.

(3) 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, LWOP, compensatory

and/or credit time.

c. Family Members

(1) Consistent with the laws and regulations for using leave, an

employee may be granted any combination of annual leave, sick

leave, LWOP, compensatory and/or credit time for a period of up to

one (1) year for the purposes of assisting and/or caring for family

members of the employee, while that person is incapacitated.

(2) An employee requesting extended annual leave, sick leave, LWOP,

compensatory time and/or credit time agrees to provide

Management, to the extent practicable, a reasonable advance notice

which is commensurate with the extended period of absence.

(3) In the case of extended periods of absence, Management will

attempt to return the employee to the same position and location. In

the alternative, the employee will be placed in a position in the same

job series, with the same status, grade, pay and promotional

potential as the one he/she last occupied. Employees on extended

approved absences may be recalled subject to the needs of the

Agency mission.

d. Adoptive Leave

Annual leave, earned credit hours, compensatory time, LWOP, or sick leave, in

accordance with Office of Personnel Management (OPM) regulations, can be

used by an employee for those absences associated with the adoption of their


AFGE Local 12
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