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Article 13

OVERTIME

SECTION 13.01: Overtime work shall be compensated in accordance with applicable Government-wide rules and regulations. Overtime will be distributed fairly and equitably among qualified employees in each office.

SECTION 13.02: Overtime will be requested, approved, and compensated for in accordance with the following:

    A. Overtime is all officially ordered and approved hours worked in excess of eight (8) hours in a day or forty (40) hours in a workweek. Overtime can be on a "for pay basis" or "compensatory time off" basis. Overtime is restricted to situations essential to mission accomplishment which cannot be performed during regular working hours and which are of such urgency that postponement is not feasible.

    B. Hours in excess of eight worked on a holiday are to be approved as overtime; the first eight (8) to be paid as holiday pay.

    C. Paid leave taken by employees shall be considered as time worked for the purpose of computing overtime pay. Furthermore, overtime shall not in any way affect the employees right to leave.

SECTION 13.03: The Employer will provide an employee directed to work overtime with advance notice, at least prior to noon of the day the overtime is to be worked. Employees will be given at least twenty-four (24) hours advance notice for scheduled overtime. The Employer will, when circumstances permit, notify employees at least three (3) days in advance of scheduling overtime assignments.

SECTION 13.04: Employees who work overtime shall be allowed a fifteen (15) minute break at the end of their scheduled work day.

SECTION 13.05: Irregular or occasional overtime work performed by an employee eligible for overtime on a day when work was not scheduled for the employee is deemed to be at least two (2) hours in duration.

SECTION 13.06: Upon Union request, the Employer will provide records of overtime worked by FAO and regional element.

SECTION 13.07: An employee on TDY on a continuing basis (40 hours or more), will receive an equitable consideration for overtime at the TDY station. A transferee will be immediately eligible for overtime within the group to which the employee is assigned. A new hire will be given equitable consideration for overtime.

SECTION 13.08: Compensatory time off, in lieu of pay for overtime, may be granted at the employee's request.

SECTION 13.09: Overtime shall be voluntary to the maximum extent possible; however, it may be directed.

Article 14

LEAVE

SECTION 14.01: For the purposes of this Article, the following definitions will apply:

    A. Absence Without Leave (AWOL) -- Absence from duty which is not authorized or approved, including requested leave which is started prior to approval pending submission of required documentation.

    B. Accrued Leave -- Leave earned and credited to an employee’s account during the current leave year that has not been used.

    C. Accumulated Leave -- Unused leave to the credit of an employee at the beginning of a leave year.

    D. Annual Leave -- Approved absence from duty with pay during a regular tour of duty for periods of rest and relaxation or for personal or emergency purposes.

    E. Break in Service -- A separation from the rolls for a period of one or more workdays. A period of absence specifically identified for active military duty, followed by the exercise of reemployment rights, is not regarded as a break in service for leave purposes.

    F. Court Leave -- Authorized absence from duty without charge to leave or loss of basic pay for jury duty, or for the purpose of attending judicial proceedings in a nonofficial capacity when one party is the Federal, state or local government.

    G. Creditable Service -- All periods of Federal service, military and civilian, that establish a rate of accrual for annual leave.

    H. Excess Leave -- Unused accumulated and accrued annual leave over the amount authorized for carry-over into the next leave year.

    I. Exigency -- A normally unanticipated critical mission requirement of such importance that an employee cannot be excused from duty for the duration.

    J. Excused Absence -- Administratively authorized absence during an employee’s regular tour of duty which is not charged to any kind of leave and which does not result in a loss of pay.

    K. Family Member -- Employee’s spouse and the parents of the spouse; parents; children (including adopted children) and the spouses of children; brothers and sisters and the spouses of brothers and sisters; and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. (Note: This definition of family member is not used for the Family and Medical Leave Program. See Section 4-5. to determine family membership for that program.)

    L. Healthcare Provider --

      (1) Licensed Doctor of Medicine or Doctor of Osteopathy or a physician who is serving on active duty in the uniformed service and is designated by the uniformed service to conduct examinations in connection with annual, sick, or family and medical leave;

      (2) any health care provider recognized by the Federal Employees Health Benefits Program or who is licensed or certified under Federal or state law to provide the service in question;

      (3) a health care provider as defined in (2) above who practices in a country other than the United States, who is authorized to practice in accordance with the laws of that country, and, who is performing within the scope of his/her practice as defined under such law;

      (4) a Christian Science practitioner listed with the First Church of Christ, Scientist, in Boston, MA; or

      (5) a Native American, including an Eskimo, Aleut, and Native Hawaiian, who is recognized as a traditional healing practitioner by native traditional religious leaders who practices traditional healing methods as believed, expressed, and exercised in Indian religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, consistent with PL 95-314, August 11, 1978 (92 Stat.469), as amended by PL 103-344, October 6, 1994 (108 Stat.3125).

    M. Leave Without Pay (LWOP) -- Temporary non-pay status and absence from duty during regularly scheduled work hours granted and approved at the employee’s request.

    N. Leave Year -- the period beginning with the first complete biweekly pay period of one calendar year and ending at the end of the day immediately prior to the beginning of the first complete biweekly pay period in the following calendar year. The leave year normally consists of 26 biweekly pay periods.

    O. Medical Certificate -- a written statement signed by a registered practicing physician or other health care provider certifying to the incapacitation, examination or treatment, or to the period of disability while the patient was receiving professional treatment.

    P. Military Leave -- Leave of absence from duty without charge to leave or loss of basic pay to engage in required annual military training or active duty.

    Q. Sick Leave -- Approved absence from duty with pay during a regular tour of duty when an employee: receives medical, dental, or optical examination or treatment; is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy, or childbirth; provides care for a family member who is incapacitated as the result of physical or mental illness, injury, pregnancy, or childbirth or who receives medical, dental, or optical examination or treatment; provides care for a family member with a serious health condition; makes arrangement necessitated by the death of a family member or attends the funeral of a family member; would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his/her presence on the job because of exposure to a communicable disease; or, must be absent from duty for purposes related to the adoption of a child.

SECTION 14.02: Annual Leave.

    A. Vacation leave schedules for the entire year will be established, as soon as practicable each calendar year in order to assure that all employees are given an opportunity for a reasonable vacation period, and that employees are allowed to use all leave they would otherwise forfeit.

    B. Leave will be scheduled so as to avoid having an excessive number of employees on leave at the same time, and to ensure that a sufficient number of personnel will be on duty to operate effectively.

    C. Leave will be granted for the time requested by the employee, insofar as work conditions permit.

    D. Application for sick leave for optical, dental or medical treatment or examination will be made in advance.

    E. During reduced or suspended operations because of Regional managerial reasons, contractor shutdowns, etc., the Employer will make reasonable attempts to reassign employees temporarily to other locations, or to find suitable work in an appropriate office.

    F. A supervisor's approval of an employee's request to change a previously approved leave schedule will be granted if such changes do not conflict with approved leave schedules of the other employees and are consistent with the needs of the Employer.

    G. Employees are entitled to the provisions of the Voluntary Leave Transfer Program.

SECTION 14.03: Sick Leave.

    A. Sick leave may be used by the employee, subject to supervisory approval, when the employee is medically incapacitated to do his job, or related reasons such as optical, dental or medical examination or treatment or exposure to a contagious disease. An employee may also be granted use of accrued sick leave to provide care for a family member as a result of physical or mental illness; injury; pregnancy; childbirth; or medical, dental, or optical examination or treatment; or to make arrangements necessitated by the death of a family member or to attend the funeral of a family member in accordance with the Government-wide rules and regulations governing the Federal Employees Family Friendly Leave Act (FFLA). The supervisor may ascertain that the reasons for which the sick leave is requested are valid. An employee's request for sick leave will be denied if it is determined that there is not a proper basis for use of sick leave.

    B. An employee incapacitated by illness (or his representative) will notify his supervisor, as soon as practicable, normally by telephone, within two (2) hours after the beginning of the scheduled workshift. It is the responsibility of the employee to keep the supervisor advised regarding a continuing absence on sick leave.

    C. 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 supervisor may accept the employee's written statement describing the circumstances 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 leave absence regardless of its duration. If such a requirement is imposed, the employee must be advised in advance, in writing, of the reasons for the requirement.

    D. Applications for sick leave for optical, dental or medical treatment or examination will be made in advance when possible.

    E. A maximum of five (5) days sick leave may be advanced at the discretion of Field Audit Office Managers or heads of principle staff elements within the regional office elements. Advance sick leave, from six (6) days to a maximum of thirty (30) days may be authorized at the discretion of the Regional Director, in accordance with Government-wide rules and regulations. An employee holding a time-limited appointment may be advanced sick leave only in the amount which will be earned during the remaining period of his employment. Sick leave will not be advanced if it is known that the employee will be separated or will retire before he can earn the amount advanced. If the sick leave record reveals a pattern of use that will not permit an employee to accrue sick leave sufficient to make up an advance, the authorized officials may, at their discretion, refuse to advance the sick leave requested.

SECTION 14.04: Family and Medical Leave Act (FMLA) of 1993.

    A. Employees may request up to twelve (12) weeks of leave without pay, to attend to personal or family medical needs in accordance with Government-wide rules and regulations. Qualifying medical conditions include: birth and care of newborn children; placement of child with employee for adoption or foster care; care of employee’s spouse, child, or parent with serious health conditions; and serious health conditions of employee.

    B. Paid leave may be substituted for LWOP in accordance with Government-wide rules and regulations. Leave under the FMLA shall not be taken intermittently or on a reduced leave schedule unless approved by the FAO Manager/Regional Office Division Chief.

    C. Employees will provide a dated and signed written notice to their immediate supervisor of their intent to take Family or Medical Leave for the purposes stated in Paragraph A, above. The notice will indicate whether the employee elects unpaid leave or requests to substitute paid time off for all or part of the period. When leave is foreseeable (expected birth, adoption, planned medical treatment), notice will be given not less than 30 days before the date is to begin. In the case of a medical emergency, the request will be made as soon as the medical emergency is known.

    D. Supervisors may require medical certification to support the need for leave to provide family care, or documentation relating to an adoption.

SECTION 14.05: Administrative Leave.

    A. It is the right and duty of citizens to vote in Local, State and Federal elections. When voting polls are not open for at least three (3) hours either before or after an employee’s regular hours of work, he may be granted an amount of excused leave which will permit the employee to begin work three (3) hours after the polls open or leave work three (3) hours before the polls close, whichever involves the least amount of duty time lost. 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 him to vote, depending upon the particular circumstances in his case, but not to exceed a full day. It will be the employee’s responsibility to use good judgment to keep his absences to a minimum.

    B. The FAO Manager is responsible for making the decision to close an FAO due to inclement weather or an emergency. The FAO Manager will consider the following factors in making the decision to close an FAO:

      1. Federal Executive Board recommendations;

      2. Radio and television reports of road conditions in the metropolitan area;

      3. Weather Forecasts;

      4. Actions taken by the host contractor, military site, or other co-located Government agencies.

    When an office is closed for inclement weather or an emergency before the duty day begins, administrative leave will be granted. Employees on annual or sick leave will not be charged for such leave if an office is closed for the entire day. If an office is closed for an emergency after the duty day begins, only those in a duty status at the time of the closure announcement will be entitled to administrative leave. When the office is not closed, the FAO manager may grant up to two hours of administrative leave for tardiness to an employee who was delayed. Employees who do not choose to report to work due to inclement weather will be allowed to charge annual leave.

    C. Brief absences from duty of less than one (1) hour and occasional tardiness will be excused when the reasons are justifiable to the supervisor. When not justifiable, the absence must be made up or charged to an appropriate leave account.

    D. Employees called for jury duty will be placed on court leave and receive compensation in accordance with Government-wide rules and regulations.

    E. Employees who volunteer as noncompensated blood donors to the American Red Cross or similar organizations, hospitals or emergency calls for blood, will be authorized up to four (4) hours of excused absence for recuperation purposes immediately after donating blood. Donation and the excused absence may not occur more frequently than once every eight (8) weeks. Absence for blood donations must be scheduled in advance with the employee’s supervisor.

    F. Absence from duty for taking the CPA and Bar Examinations will be authorized without loss of pay or charge to leave. Excused absence may be authorized for taking other types of professional examinations upon the determination by the Regional Director that such professional qualification is in the best interest of the Agency. Excused time will include time required to travel to and from the point of the examination (and any other required personal attendance), but not to exceed a total of sixteen (16) hours travel time.

    G. In the event a duly authorized Congressional committee or subcommittee makes a request through Agency Headquarters for a bargaining unit employee to give testimony before it concerning Agency-related matters, that employee will be given adequate official time and costs to attend.

    H. The Employer will grant administrative leave to an employee in connection with necessary emergency repairs to a privately owned vehicle when the emergency arises while the employee is in official travel status. In such situations, the employee will, as soon as practicable (within the hour, if possible), provide the supervisor with an estimate of the situation and obtain appropriate instructions. Administrative leave will be granted by the Employer upon presentation by the employee of reasonable acceptable explanation/documentation relating to the emergency.

SECTION 14.06: An employee working a maxiflex work schedule (e.g., four days per week), who takes one day off of annual, or sick leave, will be charged leave for the number of hours scheduled for that day. Each employee must complete or account for the full Basic Work Requirement (BWR) of the biweekly pay period.

Article 15

HOLIDAYS

SECTION 15.01: Eligible employees shall be entitled to all holidays now prescribed by law or Executive Order, and any that may later be added by law or Executive Order.

SECTION 15.02: Every effort will be made to ensure that employees are free to observe holidays and work will be scheduled in order that employees will not be required to work on holidays except for urgent and unusual situations.

SECTION 15.03: The Employer agrees to allow an employee whose religious beliefs require absence from work during certain periods of time to work compensatory overtime in order that they may meet their religious obligations, provided that such modification in work schedules does not interfere with the efficient accomplishment of the Agency's mission. For purposes of religious observances described in this Section, an employee may work compensatory time before or after the granting of compensatory time off. A grant of advanced compensatory time off should be repaid, by the appropriate amount of compensatory time worked, within six (6) pay periods. Compensatory time shall be earned and recorded (credited) to an employee on an hour for hour basis. Appropriate records will be kept of compensatory time earned and used.

    The premium pay provisions for overtime work in Sub-part A of Part 550 of Title 5, Code of Federal Regulations, and Section 7 of the Fair Labor Standards Act of 1938, as amended, do not apply to compensatory time work performed by an employee for this purpose.

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