ARTICLE 18

LEAVE

1. GENERAL. Leave will be scheduled, requested, approved, and used in a manner that is fair and equitable and in accordance with applicable laws and regulations. Employees have the right to use leave, the Employer approves or disapproves when the leave will be used. Leave may be requested and approved in fifteen (15) minute increments. Denial of leave will not be used as discipline. The Employer will use discretion in disclosing the nature of an Employee’s absence.
   
   
   1. REQUESTING LEAVE. Except in emergency situations and unforeseeable circumstances, Employees must request and obtain approval before the leave begins. Employees are to submit leave requests (annual, sick leave for planned medical treatment, and leave without pay) as far in advance as possible and to use an SF-71 when requesting leave.
      
      
   2. EMERGENCY REQUESTS FOR LEAVE. When an Employee is unable to report to work because of an emergency or illness, he or she will notify the appropriate leave approving official within two (2) hours of his or her normal reporting time, unless prevented from doing so by circumstances beyond the control of the Employee. Employees are encouraged to make such requests prior to the commencement of core time when possible to assist the supervisor in making alternative plans for work assignments. An Employee may be instructed to call in at an earlier time for such requests if required by his/her job responsibilities.
      

      If the supervisor is unavailable, messages left on the supervisor’s phone or e-mail or with an acting supervisor will be acted on by the Employer within two (2) hours after receiving the call, unless prevented from doing so by circumstances beyond the Employer’s control. If possible, the message left by the Employee should contain a phone number where the Employee can be reached. Approval for leave for emergency situations or illness will be granted when conditions warrant.
      

   3. REQUESTS FOR UNSCHEDULED NON-EMERGENCY ANNUAL LEAVE, LEAVE WITHOUT PAY, CREDIT HOURS OR COMPENSATORY TIME OFF. When Employees call in for approval of an unscheduled absence from work not due to an emergency or illness, he or she will do so at the earliest possible time, and should normally call the appropriate approving official within two (2) hours of their normal work schedule. If the approving official is unavailable, Employees should leave a message on his/her phone or e-mail with a telephone number where the Employee can be reached. The Employer will normally act on such requests within two (2) hours of receipt. The Employee must be available for the return call. If no call is received by the Employee within two (2) hours, the leave will be considered approved.
      
      
2. ANNUAL LEAVE. It is agreed that the use of accrued annual leave is a right and not a privilege, subject to management approval when it is taken. Consistent with the needs of the Employee and the Employer, annual leave which is requested in advance will generally be approved.
   
   
   1. When making non-emergency requests for annual leave, it is not necessary for the Employee to provide a reason for the request.
      
      
   2. In the event that annual leave is denied or previous approval canceled, the Employee's supervisor will make every reasonable effort to reschedule the leave at times desired by the Employee.
      
      
   3. Previous approval of annual leave will not normally be withdrawn except in the case where the Employer has determined the Employee’s services are required, or where the Employee has failed to meet previously known commitments when not prevented from doing so by circumstances beyond the Employee’s control.
      
      
   4. The Employer will explain denial of leave in writing if such request was made in writing. The Union will be notified if five (5) or more Employees are denied annual leave under the same supervisor or working on the same project or program in the same calendar year.
      
      
   5. If work requirements prevent similarly qualified Employees within the same work group from being absent simultaneously, conflicts among bargaining unit Employees will be resolved through seniority based on the Employee’s leave SCD date. This procedure should not be used to allow a senior Employee to have the same time period two (2) years in succession when a similar conflict exists for the same time period such as Thanksgiving, Christmas, New Year's. This procedure will apply when choosing an AWS day off and scheduling use or lose annual leave.
      
      
   6. Consistent with the work requirements of Union officials, they may be granted annual leave, credit hours or compensatory time off, or a combination of the three to attend Union conventions, training and conferences. Up to forty (40) hours of leave without pay may also be granted for this purpose. Use of LWOP instead of annual leave will not satisfy the requirements for the restoration of annual leave at the end of the leave year.
      
      
3. SICK LEAVE. Sick leave will be requested and approved in accordance with applicable laws, regulations and the provisions of this Agreement. Non-emergency sick leave can be denied if the Employee's services are needed. Previously approved non-emergency sick leave will not normally be canceled by the Employer.
   
   
   1. Use of sick leave is appropriate when the Employee receives medical, dental, or optical examination or treatment, or is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy or childbirth, or provides care for a family member who is incapacitated.
      
      
   2. Under the Federal Employees Family Friendly Leave Act, full-time Employees may use up to forty (40) hours of sick leave each year to care for a family member as a result of physical or mental illness; injury; pregnancy; childbirth; or medical, dental, or optical examination or treatment, as well as to make arrangements necessitated by the death of a family member or to attend the funeral of a family member (including such things as travel, attending memorial services, pre-funeral gatherings/ceremonies, reading of the will).
      
      

      Sick leave for family care is appropriate for any condition which, if the Employee had such condition, would justify the use of sick leave; it is an entitlement and cannot be turned down.
      
      

      (1) In addition, full-time Employees who maintain a balance of at least eighty (80) hours of sick leave can use an additional sixty four (64) hours of sick leave per year for these purposes, bringing the total amount of sick leave available for family care and bereavement purposes to a maximum of 104 hours per year. The minimum balance must exist after deducting the amount that will be used for family care or bereavement.
      
      

      There is no requirement regarding the Employee's sick leave balance for use of the 40 hours of sick leave and that forty (40) hours may be advanced. However, no sick leave may be advanced for the purpose of meeting the requirement to retain a minimum sick leave balance of eighty (80) hours, or for using additional sick leave for these purposes when such use would otherwise cause the Employee's sick leave balance to fall below the minimum required.
      
      

      (2) Part-time Employees or Employees with an uncommon tour of duty may use up to the average number of hours of work in the Employee's scheduled tour of duty each week. Part-time Employees or Employees with an uncommon tour of duty who maintain a sick leave balance equal to at least twice the average number of hours of work in the Employee's scheduled tour of duty each week may use an amount equal to the number of hours of sick leave normally accrued by the Employee during a leave year.
      
      

   3. Extended Family Friendly Sick Leave. Most Federal employees may use a total of up to 12 administrative workweeks of sick leave each leave year to care for a family member with a serious health condition. If an employee previously has used any portions of the 13 days of sick leave for general family care or bereavement purposes in a leave year (see 3(b) above) that amount must be subtracted from the 12-week entitlement. If an employee has already used 12 weeks of sick leave to care for a family member with a serious medical condition, he or she cannot use an additional 13 days in the same leave year for general family care purposes.
      
      

      (1) A Family Member is defined as

      • a spouse, and parents thereof
      • children, including adopted children, and spouses thereof
      • parents
      • brothers and sisters, and spouses thereof
      • any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship
        
        

      (2) A Serious Health Condition has the same meaning as used in OPM’s regulations for administering the Family and Medical Leave Act of 1992 (FMLA). That definition includes such conditions as cancer, heart attacks, strokes, severe injuries, Alzheimer’s disease, pregnancy, and childbirth. The term "serious health condition" is not intended to cover short-term conditions for which treatment and recovery are very brief. The common cold, the flu, earaches, upset stomach, headaches (other than migraines), routine dental or orthodontia problems, etc., are not serious health conditions unless complications arise. The Employer may require medical certification of a serious health condition.
      
      

   4. Employees may use sick leave for absences relating to adopting a child. An adoptive parent may use sick leave for appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and other activities necessary to allow the adoption to proceed.
      
      

      Leave for this purpose must be requested in advance, to the extent possible. There is no limitation on the amount of sick leave that may be used for adoption and a maximum of thirty (30) days of sick leave may be advanced.
      
      

4. MATERNITY/PATERNITY LEAVE. Employees may use any combination of leave, LWOP, and donated leave available to them in accordance with applicable laws, rules, and regulations for the birth or adoption of a child. The length of absence for maternity reasons will be determined on a case-by-case basis, taking into consideration Employee wishes and workload requirements. Parents returning from leave after birth or adoption may request and be considered for part-time or job-sharing work assignments.
   
   
5. LEAVE WITHOUT PAY (LWOP). The granting of LWOP is an administrative determination and cannot be demanded by Employees as a matter of right. Requests for LWOP will be duly considered by the Employer in accordance with applicable laws, regulations and the provisions of this Agreement. The Employer's practice is to grant LWOP only when the absence will be of mutual benefit to the Employer and the Employee. In cases where the Employee is not exercising a statutory right, the work requirements of the Employee's position will also be considered in the approval process. Requests for LWOP for fourteen (14) or more work days must be made in writing and must include the reason for the request.
   
   
   1. CIRCUMSTANCES APPROPRIATE FOR LWOP.
      
      

      (1) Educational purposes
      
      

      (2) Service with non-Federal public or quasi-public organizations
      
      

      (3) Pregnancy/Paternity Leave
      
      

      (4) LWOP may be requested and may be granted for the life of the contract for an Employee for the purpose of serving in a temporary continuing basis as an officer or representative of AFGE
      
      

      (5) Up to 40 hours may be granted to pursue activities that protect the rights of workers to organize, bargain collectively, and participate through Unions in decisions which affect them, and other reasons as appropriate.
      
      

   2. STATUTORY RIGHT TO LWOP.
      
      

      (1) Family and Medical Leave Act (FMLA). Eligible Employees are entitled to a total of twelve (12) administrative work weeks of unpaid leave during any twelve (12) month period for a) the birth of a son or daughter and care of the newborn; b) the placement of a son or daughter with the Employee for adoption or foster care; c) the care of a spouse, son, daughter, or parent with a serious health condition; and d) a serious health condition of the Employee that makes the Employee unable to perform the duties of his or her position.
      
      

      To be eligible, an Employee must have worked for the Federal Government for at least twelve (12) months (all time worked is counted; it does not have to be continuous or consecutive) and, for temporary or intermittent Employees, he or she must have worked at least 1,250 hours (paid leave and unpaid leave, including FMLA leave, are not included) during the twelve (12) months prior to the start of the FMLA leave.
      
      

      Supervisors are encouraged to allow Employees to schedule up to twenty four (24) hours of LWOP for the three (3) purposes cited below. This provision may become an entitlement under FLMA upon enactment of proposed legislation. Amendment to this Agreement may be made if necessitated by final legislation.
      
      

      (a) to participate in school activities directly related to the educational advancement of a child (e.g., parent-teacher conferences, school board meetings, tutoring, interviewing for a new school or child-care facility, and school sponsored activities, such as sports and recreation programs, field trips, class plays, "career day," or other volunteer activities supporting a child’s educational advancement);
      
      

      (b) to accompany their children to routine medical and dental appointments, such as annual check-ups and vaccinations; and
      
      

      (c) to accompany their elderly relatives to routine medical or dental appointments or other professional services related to the care of the elderly relative, such as making arrangements for housing, meals, telephone, banking services, and other similar activities.
      
      

      (2) The Employee is a disabled veteran undergoing medical treatment.
      
      

      (3) The Employee is a reservist undergoing military training.
      
      

      (4) The Employee has a claim approved by the Office of Worker's Compensation and the Employer determines the Employee will be retained on the rolls during the absence.
      
      

   3. UNION OFFICIALS. LWOP may be requested and approved for up to one (1) year for an Employee who wishes to serve as a temporary officer or representative of AFGE.
      
      
   4. IMPACT. Excessive use of LWOP affects the Employee's benefits such as within-grade increase waiting period, tenure, leave, and health benefits. Employees should monitor their use and seek the advice of a benefits specialist in the servicing personnel office if they have questions or concerns.
      
      
6. ADMINISTRATIVE LEAVE. At the discretion of the Employer, administrative leave may be granted to Employees for participation in such civic activities as civil defense drills, registering to vote, and voting in national, State and municipal elections, and for such other reasons deemed necessary by the Employer or required by law or regulations, such as hazardous weather dismissals or closures. Approval of requests for administrative leave will be made in accordance with applicable laws, regulations and the provisions of this Agreement.
   
   
   1. BLOOD DONATION PROGRAM. The Parties fully support the Blood Donation Program, and to encourage participation, the Employer will generally allow Employees who donate blood to take up to four (4) hours of administrative leave, subject to workload requirements and under the following guidelines:
      
      

      (1) Employees must notify the appropriate individual to schedule an appointment in order to be granted any administrative leave.
      
      

      (2) Credit hours may not be earned on a day administrative leave is taken.
      
      

      (3) The four (4) hour maximum includes the amount of time it takes for actual donation, but does not include the Employee’s uncompensated lunch break.
      
      

      (4) Employees must record, on sign-in/sign-out sheets, the time they leave to donate blood.
      
      

      (5) The leave must be taken on the day blood is donated.
      
      

   2. Employees are entitled to use up to seven (7) days of paid leave in a calendar year (in addition to sick or annual leave) to serve as a bone-marrow or organ donor. This is a statutory right of an Employee and cannot be denied by the Employer.
      
      
7. ADVANCED LEAVE. The Employer will grant advanced sick or annual leave on a case-by-case basis. The maximum amount of sick leave that can be advanced is 240 hours and the annual leave advanced may not exceed the amount of annual leave to be accrued by the end of the current leave year. Employees on limited appointments may be advanced only the sick or annual leave which will be earned in the remaining period of the appointment. Employees will not be granted advanced leave in cases where there is no likelihood that the Employee will return to work.
   
   
8. COURT LEAVE.
   
   
   1. Jury Service. Employees who are called for jury duty shall be granted court leave. The Employee may only retain payment received for actual expenses incurred. Any other payment to the Employee must be surrendered in accordance with the procedures in the Survey Manual.
      
      

      (1) It is the Employer's policy that as a general rule, requests will not be made to excuse Employees from jury duty.
      
      

      (2) Court leave is granted for jury service to full-time and part-time Employees who are in a pay status. Annual leave, including leave that would otherwise be forfeited, may not be substituted for court leave.
      
      

      (3) The period of jury duty from the date stated in the court summons to the date of discharge by the court is charged as court leave.
      
      

      (4) An Employee excused from jury duty for an entire day, or for a period that would permit the Employee to work for at least four (4) hours is expected to return to work unless the return would cause a hardship because of the distance of the court from the residence or place of duty, or unless the Employee is assigned to night duty. If Employees do not return to work when excused from jury duty, except for the above reasons, annual leave will be charged for the absence from work.
      
      

   2. Witness Service.
      
      

      (1) Official Duty. Employees are considered to be in an official duty status if they are summoned to:
      
      

      (a) Testify in an official or nonofficial capacity or produce official records on behalf of the United States Government or the District of Columbia, or
      
      

      (b) Testify in an official capacity or produce official records on behalf of a party other than the United States or the District of Columbia.
      
      

      (2) Court Leave. An Employee is granted court leave when summoned to serve as a witness in a judicial proceeding in a nonofficial capacity on behalf of a State or local government or on behalf of a private party when the United States, the District of Columbia, or a State or local government is a party. Court leave is not available when the service in a nonofficial capacity is on behalf of a private party except as indicated above. When court leave is not authorized, the period of witness service is charged as annual leave, leave without pay, comp time, or credit hours.
      
      

9. MILITARY LEAVE. The Employer agrees to grant military leave to the fullest extent allowable.
   
   
   1. Employees who are members of a reserve component of the Armed Forces or a member of the National Guard, are entitled to use accrued military leave upon presentation of competent orders. Full-time Employees will accrue military leave at a rate of fifteen (15) days on a fiscal year basis and part-time Employees will accrue military leave at a prorated rate which is determined by dividing forty (40) into the number of hours in the regular scheduled workweek of that individual during that fiscal year. On October 1 of each fiscal year, or upon first appointment in the fiscal year, the unused military leave remaining in the Employee’s account from the prior fiscal year (not to exceed fifteen (15) days) plus the military leave to which the Employee is entitled for the current fiscal year is credited to the Employee’s account. This gives full-time employees the potential for thirty (30) days of military leave during a fiscal year.
      
      
   2. If the Employee has exhausted military leave, and is called for duty, any additional period of military service may be charged to annual leave or leave without pay. Annual leave may not be substituted for military leave which is available.
      
      
10. ABSENCE WITHOUT LEAVE (AWOL). AWOL is absence from duty which is not authorized or approved, including leave which is not approved until required documentation is submitted or for which a leave request has been denied. AWOL, in itself, is not a disciplinary action, but continued use of AWOL can be the basis for disciplinary action up to and including removal from the Government. AWOL is charged in fifteen (15) minute increments.
    
    
11. RESTORED LEAVE. Annual leave that is subject to forfeiture at the end of the leave year, will be restored by the Employer in accordance with Bureau guidance, applicable laws and regulations.
    
    
12. VOLUNTARY LEAVE TRANSFER PROGRAM. The Parties fully support the appropriate use of the USGS Voluntary Leave Transfer Program. Bureau requirements will be followed for the request, approval, solicitation and use of transferred leave. The specific reason for the Employee’s participation will be published only with the Employee’s permission. Note: A list of approved leave recipients is available via Intranet.
    
    
13. DISCRETIONARY APPROVAL OF ABSENCE. The Employer has the authority to and may excuse absences of up to one (1) hour for infrequent absences and tardiness. The Employer’s exercise of this authority will be based on the merits of each case and will be applied in a fair and equitable manner.
    
    
14. LEAVE ABUSE. The Parties agree that abuse of leave by an Employee is a serious matter and may have an adverse impact on co-workers by resulting in the requirement for them to perform the duties of the absent Employee.
    
    
    1. The Employer will normally provide a verbal warning when there are concerns regarding leave use by a bargaining unit Employee prior to imposing a leave restriction on the Employee. The decision whether to impose a leave restriction without a verbal warning will be made on an individual case-by-case basis.
       
       
    2. If the leave use does not improve after a verbal warning, the Employer may place the Employee on leave restriction for a period of three (3)months. The period of leave restriction may be extended for a year, in three (3) month increments if adequate improvement in leave use has not been achieved by the Employee. Notification of leave restriction will be in writing and will include:
       
       

       (1) the reasons for imposing the leave restriction;
       
       

       (2) any specific requirements for requesting the approval of leave for non-medical reasons;
       
       

       (3) any requirement for providing medical certification for subsequent absences when the Employee claims they are for medical reasons; and
       
       

       (4) the time frame for the leave restriction.
       
       

    3. Consistent with government wide regulations, the Employer may require medical documentation for absences of three (3) workdays or less when there is evidence that abuse of leave may have occurred regardless of whether or not the Employee is on leave restriction.