1.  ANNUAL LEAVE:

a.  The earning of annual leave, as provided by applicable law, is a right; however, the use of annual leave is granted subject to the needs of the Employer.

b.  The Employer has the primary responsibility for sched-uling and approving leave.  It is the responsibility of supervisors and employees to consult so that leave may be scheduled fairly and equitably and to avoid forfeiture of annual leave. Employees are encouraged to schedule at least two (2) weeks (not necessarily consecutive) of available annual leave every year in order to allow for rest and recrea-tion away from the worksite.  This leave should be requested as early in the year as possible so supervisors can set the schedule.  This does not prevent employees from requesting leave at other times of the year.

c.  Except when such a practice would interfere with the mission, the Employer will schedule work assignments and annual leave so that each employee who desires and who has sufficient leave may take a vacation. Reasonable efforts consistent with the needs of the Employer and equity to other employees will be made to satisfy the desires of employees with respect to requests for more than two consecutive weeks. When annual leave has been scheduled and  approved, an employee shall not be required to change
the date of leave except when required by an emergency.

d.  Employees shall state in advance the desired times for annual leave. If several employees desire the same day or time for leave, and they cannot reach agreement to resolve the conflict, leave for that period shall be granted to the employee with the most seniority based on service computation date. However, this rule shall not allow the senior employee to take leave during the same two month period more than two (2) years in succession if other employees, of less seniority, who have requested leave during the same period, would be denied leave at that time.

e.  Requests for annual leave for emergency or unforeseen reasons will be considered on an individual basis. How-ever, the approval of leave cannot be presumed by an em-ployee. In an emergency which could not be anticipated in advance, the employee must contact his/her supervisor or the  supervisor's
designated representative, either person-ally or by phone, as early as possible, but normally within two  hours
after the start of his/her shift on the first day of absence and request the use of annual leave. In cases
where the employee's record establishes a pattern of leave usage, failure to obtain the supervisor's permission may result in an employee's absence being charged to absence without leave (AWOL) and disciplinary or other administrative action taken as the circumstances may warrant.

f.  The Parties recognize that it is in the employee's best interest to maintain a reasonable balance of annual leave for emergency purposes; however, no employee shall be required to maintain a minimum annual leave balance.

g.  Forfeited annual leave which had been scheduled and approved in advance shall be restored to the employee if he/she is unable to use the leave prior to the end of the leave year because of exigencies of the public business, sickness of the employee during scheduled annual leave, or administrative error. This section will not apply in cases where leave is forfeited due to operation of Section 1d of this Article.

The parties recognize that decisions on whether exigencies exist which preclude the use of scheduled and approved annual leave are made at a level beyond Passport Services, Bureau of Consular Affairs. Grievances over a refusal to restore leave in such cases will go immediately to arbitration under Article 22.

a.  Sick leave shall be granted to employees for any of the following reasons:

(1) When the employee is incapacitated for the performance of duty by physical or mental illness, injury, pregnancy, or childbirth;

(2) For medical, dental, or optical examination or treatment;

(3) When the health authorities having jurisdiction or a health care provider determines that the employee would jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease; or

(4) Any other reason listed in 5 CFR 630.401(a).

b.  An employee who is absent because of illness will notify the appropriate supervisor as early as practicable on the first day of the illness, normally within two (2) hours after the employee is scheduled to report to work, and keep the supervisor advised regularly as to when the employee expects to return to duty.  It is understood that in extenuating circumstances, an emergency situation may preclude an employee from this reporting requirement.  Consideration will be given to an employee if the nature of the illness precludes such personal notification.

c.  Requests for sick leave for medical, dental or optical examinations or treatment will be submitted for approval prior to the beginning of leave. Where practical, these appointments would be scheduled early or late in the workday to minimize the amount of leave required.

d.  Employees shall not be required to furnish a medical certificate to substantiate requests for approval of sick leave unless:

-  an absence exceeds three (3) work days; or

-  the employee has been placed on leave restriction; or

-  when the employee has established an unusual and questionable pattern of sick leave usage, or where there is reasonable doubt as to the validity of the claim to such leave. Failure of the employee to submit an acceptable medical certificate or to provide an acceptable reason for the lack of one may result in the absence being charged to AWOL and appropriate disciplinary action initiated.

e.  Sick leave in excess of three (3) work days must be supported by medical certificate, a statement from the employee acceptable to the supervisor, or other evidence acceptable to the supervisor.

f.  Subject to law and regulations, when required by the exigencies of the situation, sick leave may be advanced for serious disability or ailment, or for purposes relating to the adoption of a child.  A maximum of thirty (30) days sick leave may be advanced under these circumstances.  Applications for advanced sick leave must be supported by a medical certificate signed by a physician or practitioner. Advance of sick leave is contingent upon the reasonable expectation that the employee will return to work upon recovery.

a.  The Parties agree to comply with the provisions of the Family Friendly Leave Act (PL 103-88, as amended), which allows the use up to 13 days of sick leave each year for the following:

-   to provide care for a family member who is incapacitated by a medical or mental condition or attend to a family member receiving medical, dental, or optical examination or treatment; or

-   to make arrangements necessitated by the death of a family member or attend the funeral of a family member.

This Act also allows a total of 12 weeks (including the 13 days above) to care for a family member with a serious health condition.

Under this Act, employees may use a total of up to 5 workdays of sick leave each leave year for family care or bereavement purposes.  In addition, a covered employee who maintains a balance of at least 80 hours of sick leave will be able to use an additional 8 workdays of sick leave per year for these purposes. These 13 workdays are also included in the 12 administrative workweeks stated above.

For the purposes of this subsection, the definition of a family member includes the following relatives of the employee: spouse and parents of a spouse; children, including adopted children and their spouses; parents; brothers and sisters and their spouses; and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Requests for Family Friendly Leave must normally be requested and approved in advance with acceptable evidence in accordance with the Act.

b.  The Parties further agree to comply with the provisions of the Family & Medical Leave Act (PL-103-03 – 5 U.S.C. 6382), which allows Employees to use up to 12 administrative workweeks of leave during any 12 month period for the following:

- because of the birth of a son or daughter of the employee and in order to care for such son or daughter;

- because of the placement of a son or daughter with the employee for adoption or foster care;

- in order to care for the employee’s spouse, son, daughter, or parent with a serious health condition; and/or

- because of a serious health condition that makes the employee unable to perform the functions of his/her position.

An employee must invoke entitlement to Family and Medical Leave, and in most cases, provide the Employer with his or her request and acceptable medical certification from the health care provider in accordance with the Act in advance of his/her intent to take the leave.

c.  Employees who are pregnant will be allowed to work as long as they and their doctors feel is wise, prior to delivery. Sick leave requested by an employee will be allowed for physical examinations and periods of incapacitation which are supported by medical certification, i.e., by a physician or medically licensed midwife. After delivery and recuperation, the employee may desire a period of adjustment or need to make arrangements for the care of the child. These additional leave requirements may be taken care of by the use of available annual leave or leave without pay. The employee shall be returned to her position or a like position at the end of such leave, unless termination is otherwise required by expiration of appointment, by reduction-in-force, for cause, or for other reasons unrelated to the maternity absence. The father may request the use of annual leave or leave without pay in order to care for his newborn child, the child's mother or other minor children. The amount of time allowed shall depend upon the circumstances of the individual case, taking into account workload considerations and the desires of the employee. Additionally, up to 13 work days of sick leave may be granted to the father to care for the child’s mother, as described in Section 3(a) above.

d. Provisions for leave under this article or under applicable regulations will apply to employees who become adoptive parents.

5.  ADMINISTRATIVE LEAVE OR EXCUSED ABSENCE: Administrative leave shall be granted to employees for participation in such civic activities as blood donations, Federally recognized civil defense drills (not to exceed 40 hours in any calendar year), and voting. Administrative leave also shall be granted to employees for attendance at conferences and conventions when it is determined that attendance will serve the best interest of the Federal Service. Administrative leave may also be granted when the activity shuts down due to circumstances beyond the agency's control for a short period of time. Instances involving a threat or potential threat to safety and health, such as civil unrest or riots, along with snow storms, floods, lack of heat or electricity and similar events are examples of situations when this type of leave may be appropriate. In addition, administrative leave shall be granted for labor relations training in accordance with Article 11 of this agreement.

6.  HOLIDAYS: Employees shall be granted all holidays given to Federal employees by statute and shall also receive holidays granted through Executive Order. If the holiday falls on a nonworkday, the holiday will be observed according to the provisions of 3 FAM 2336.2.

7.  LEAVE WITHOUT PAY: Employees who do not have leave to their credit and wish to take leave for emergencies or other necessities may request leave without pay. Eligibility for leave without pay is not dependent on a specific length of service, and may be authorized whether or not the employee has annual leave to his credit. Advanced sick leave or advanced annual leave will be considered in accordance with OPM regulations. Leave without pay shall be granted upon request to disabled veterans needing medical treatment, and to reservists and National Guard personnel for military training duties officially ordered by the reservist's unit and for which military leave is not available. Leave without pay may also be granted on an extended basis for educational purposes, while awaiting action on a retirement or Official Workers Compensation (OWCP) claim, while serving as an officer or representative of the Union, and for other reasons.

8.  COURT LEAVE:  In every instance the Employer will allow the employee to fulfill the citizenship duties of jury duty, and to serve as a witness for the Federal, state or local government.

9.  LEAVE USAGE:  Leave usage shall be charged in increments of fifteen (15) minutes.

10.  TARDINESS:  Supervisors shall have the option to excuse infrequent absences and tardiness of less than an hour on the part of individual employees. Each case shall be considered on its merits and no employee shall receive disparate treatment in excusing such tardiness.

11. SICK LEAVE RESTRICTION: Leave restriction is a non disciplinary action designed to assist the employee to overcome his/her inability to manage leave. In this regard, the employer will make every effort to assist employees who have established a pattern of leave misuse/abuse.

When a supervisor determines that an employee has established a leave pattern that indicates possible misuse or abuse, the supervisor will counsel the employee and assist him/her in developing methods for reducing leave usage. It is understood that no single leave usage will be controlling in establishing or supporting continuation of a pattern(s) of alleged leave abuse. In addition, the supervisor will notify the employee verbally and in writing and when appropriate, establish a date for expected improvement. If the employee fails to improve, the supervisor will request the issuance of a letter of leave restriction. Noncompliance with the letter of leave restriction may result in disciplinary action.

Leave restriction will be imposed for a period of six months with a supervisory review after three months. If there is significant improvement the employee may be removed from leave restriction and he/she will be notified in writing. Continued abuse, however, will result in a recommendation for disciplinary action.

All sick leave for medical appointments, regardless of the amount requested, must be requested by submitting a completed SF-71, Application for Leave, at least two (2) full workdays in advance and fully explain the need for leave. When it is not possible to request two (2) days in advance, the supervisor will fully consider the circumstances of the particular case before making a decision on the request.

12. UNPLANNED ANNUAL LEAVE ABUSE: Where the Employer has determined that employees are abusing the practice of calling in to report, that for personal reasons they are unable to report to work, or report timely, or where a pattern of either of these exists, the Employer will inform the employee that future requests for unscheduled annual leave may be denied and AWOL charged.

13. LEAVE TRANSFER:  Subject to law and regulations, an employee who has a medical emergency, i.e. medical emergency of employee or family member or other hardship situation that is likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave, may apply to become a leave recipient for the transfer of unused accrued annual leave from donating employees. The absence from duty without available leave because of the medical emergency must be or must be expected to be at least ten (10) workdays or longer.

Application forms to become a leave recipient or a leave donor shall be made available through request to supervisory personnel. A donor projected to lose annual leave at the end of the leave year may donate no more than the number of hours actually remaining in the leave year. Donors may make donations as often as they wish within the limits set forth in the regulations. When documentation exists reflecting that an employee has abused or made inappropriate use of leave and loss of income can be attributed in whole or in part to low leave balances as a result thereof, the application may be denied.

Management shall use memoranda, notices or other means to inform colleagues of the needs of an approved leave recipient. How widely the information is made known will depend on the estimated needs. Information circulated about a leave recipient should be limited to a brief, tasteful description of the employee's emergency situation and an estimate of the number of hours of leave which will be needed. The recipient’s name may not be used in such publicity unless he/she has requested that it be used. A potential donor responding to publicity must be given the name however, since donations must be designated for a specific employee.

Management Officials administering the program shall do so fairly and equitably.

No employee or management official may intimidate, threaten, or coerce any other employee or management official with respect to donating, receiving or using annual leave.

Information concerning individual leave recipients and donors is not to be released to anyone who does not require it for the purposes of administering the leave transfer program.

14. OFFICE CLOSINGS:  At all times employees are to presume that their office will be open, as scheduled. When appropriate Federal officials make decisions to close the Federal establishments within their jurisdiction, employees not required to be at their assigned work station or site or at another designated location, may be granted administrative leave or excused absence. The Employer will make reasonable efforts to notify employees how to be informed of an office closing, for example, which radio station or TV channel will carry an announcement of office closing. When office closings exceed one workday, the Employer may further excuse employees consistent with applicable laws, rules and regulations. The Employer agrees to make a reasonable and responsible effort to monitor any ongoing threat to the safety and security of the employees during the work hours, and to keep them informed of the situation as it changes (e.g., during poor weather or civil unrest).

15. Subject to normal scheduling provisions and the requirements of Article 11, leave may be granted to Union representatives to attend Union conventions and conferences. Management agrees to place a priority on such leave requests.