|
LEAVE FOR SPECIAL CIRCUMSTANCES
Section 1. In the event of a death in an employee's
family, 80 hours of annual leave, compensatory time off, or leave without pay
(LWOP) shall be granted. For the purposes of this Section, "family" is defined
as the employee's father, mother, son, daughter, brother, sister, uncle, aunt,
cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law,
step-father/mother/sister/brother/son/ daughter, half-brother, half-sister,
and life or domestic partner.
Section 2. To the extent operational requirements permit, employees
shall be granted annual leave (including compensatory time off) or LWOP to
care for members of their families under the following circumstances where an
employee:
a. is needed to aid/assist in the care of his/her minor
children whose care provider is temporarily unable to provide care; or
b. must accompany a family member to medical appointments.
Section 3. An employee whose personal religious
beliefs require the abstention from work during certain periods of time may,
after advanced approval by the employee�s supervisor, may elect to engage in
overtime work for time lost for meeting those religious requirements. Any
employee who so elects such overtime work shall be granted equal compensatory
time off from his/her scheduled tour of duty (in lieu of overtime pay) for
such religious reasons. Any entitlement under this Section will be subject to
operational requirements and any applicable regulation or Agency directive.
Section 4. FMLA/FEFFLP REGULATIONS:
a. Entitlements under these provisions are subject to the
amendments or cancellation of applicable FMLA and FEFFLP laws. In the event
of cancellation of these programs, Sections 1 of this article as well as the
provisions of the article on Sick Leave will govern entitlement.
b. For purposes of Sections 5 and 6, a "family member" is defined as (a)
spouse and parents thereof; (b) children, including adopted children, and
spouses thereof; (c) parents; (d) brothers and sisters, and spouses thereof;
and (e) any individual relate by blood or affinity whose close association
with the employee is the equivalent of a family relationship.
c. Regardless of the duration of the absence, the Agency may consider an
employee certification as to the reason for his/her absence as evidence
administratively acceptable.
d. An employee should invoke his/her entitlement to FEFFLP in advance of
absence from work; entitlement to FMLA must be invoked in advance of its
use.
e. Compensatory time off and credit hours earned may not be substituted for
leave without pay under FMLA; however, an employee may choose to substitute
annual or sick leave. An employee may not retroactively substitute paid time
off for unpaid FMLA leave.
Section 5. FAMILY CARE/BEREAVEMENT LEAVE: All full
time NAATS bargaining unit employees shall be allowed to use up to 40 hours of
earned sick leave per year for family care or family bereavement purposes. An
additional 64 hours of sick leave may be used by all NAATS bargaining unit
members who maintain an 80 hour sick leave balance, including advanced sick
leave in accordance with Article ___ of the NAATS/FAA Agreement and 5 CFR
Section 630.401(c), at any time during the leave year. The total entitlement
is therefore 104 hours of sick leave usage per year for family care and
bereavement.
Section 6. In the case of a part-time bargaining unit member or a
bargaining unit member with an uncommon tour of duty, the average number of
hours of work in the bargaining unit member's scheduled tour of duty each week
shall constitute the annual entitlement. If the number of hours in the
employee's tour of duty is changed during the leave year, the employee's
entitlement to use sick leave for purposes of FEFFLP shall be recalculated
based on the employee's new tour of duty.
Section 7. CONTAGIOUS DISEASES: The above 40 hours limit on the use of
sick leave for family care purposes does not apply to the bargaining unit
member's entitlement to use sick leave to provide care for a family member who
is afflicted with a contagious disease. Title 5 CFR 630.401(c) establishes no
limit on sick leave usage for this purpose. The Parties agree that, because of
the sensitivity of different contagions, reliance on the expertise of health
authorities may be warranted in some cases. Based on the advice of the health
authority, the employee may be required to submit proper medical documentation
to support the use of sick leave under these circumstances.
Section 8. ADOPTION: NAATS bargaining unit members shall be allowed to
use up to 12 weeks of unpaid leave during any 12 month period for purposes
related to the adoption of a child, such as travel, court appearance, and
appointments with adoption agencies, social workers, and attorneys. Since
adoption procedures and requirements differ among jurisdictions and adoption
agencies, the Employer shall determine what, if any, administrative evidence
should be provided along with the bargaining unit member's request for sick
leave for adoption related purposes. An employee may elect to substitute any
paid leave for any or all of the period of leave taken under this Section.
Section 9. BONE MARROW/ORGAN DONORS: Bargaining unit members who serve
as bone-marrow or organ donors are entitled to use 7 days of paid leave (in
addition to annual or sick leave) in any calendar year. The Employer shall
grant additional time off in the form of paid or unpaid leave as appropriate
for recovery in connection with the bone-marrow/organ donation. The Employer
shall determine what, if any, administrative evidence should be provided along
with the bargaining unit member's request for leave. The employee must provide
notice of his/her intent to take such leave no less than 30 days before leave
it to begin or as soon as is practicable.
Section 10. RIGHT TO PRIVACY: The Parties recognize the right of NAATS
bargaining unit members to their privacy. The Employer recognizes the
responsibility of all officials to adhere to employee rights to privacy. Leave
approval authorities will be briefed to only ask those questions necessary to
determine the applicability of FEFFLP and FMLA to NAATS bargaining unit
employees.
Section 11. MILITARY LEAVE. Military leave for bargaining unit members
shall be administered in accordance with current Agency policy (5 USC Section
6323).
|