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Article 28: Sick Leave
Employees will earn and use sick leave in accordance with applicable laws, rules and regulations and this Article.
The Employer will grant accrued sick leave to an employee when the employee:
1. Receives medical, dental or optical examination or treatment;
2. Is incapacitated for the performance of his or her duties because of physical or mental illness, injury, pregnancy or childbirth;
3. Provides care for a family member who is incapacitated by a medical or mental condition or attends to a family member receiving medical, dental, or optical examination or treatment;
4. Provides care for a family member with a serious health condition;
5. Makes arrangements necessitated by the death of a family member or attends the funeral of a family member;
6. Would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize he health of others by his or her presence on the job because of exposure to a communicable disease; or
7. Must be absent from duty for purposes related 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.
B. For purposes of this Article, a family member is defined as:
1. The employee's spouse, and parents thereof;
2. The employee's children, including adopted children, and spouses thereof;
3. The employee's parents, and spouses thereof;
4. The employee's brothers and sisters, and spouses thereof;
5. The employee's grandparents and grandchildren, and spouses thereof;
6. The employee's domestic partner and parents thereof, including domestic partners of any individual in this section 2B; and
7. Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.
C. An employee may use up to one hundred and four (104) hours of sick leave each leave year for the purposes described in Section 2.A., paragraphs (3) and (5) above. An employee may use up to 480 hours of sick leave each leave year for the purposes described in Section 2.A., paragraph (4) above. This paragraph will be applied proportionately in the case of a part-time employee.
D. For purposes of this Article, a serious health condition shall have the meaning set forth in 5 C.F.R. § 630.1202.
A. An employee will submit sick leave requests via the electronic time and attendance system.
B. Sick leave may be requested and approved in fifteen (15) minute increments.
When possible, an employee will request the Employer's approval of the use of sick leave in advance of the requested leave. When the employee is unable to come to work and must request unscheduled sick leave, the employee must request his or her supervisor's approval of the sick leave as soon as practicable, normally within one (1) hour after the employee's scheduled start time that day, but no later than 11 a.m., absent extenuating circumstances. If the employee is unable to contact his or her supervisor, he or she will leave a message regarding the unscheduled sick leave. The employee will promptly submit a request through the electronic time and attendance system for his or her unscheduled sick leave upon his or her return to work.
A. For infrequent absences of short duration due to illness or injury, an employee's oral self-certification normally will be acceptable evidence of incapacitation.
B. An employee requesting sick leave for absences of more than three (3) consecutive days may be required to document his or her request with a medical certificate or other administratively acceptable evidence. The Employer may decline to approve sick leave until the requested medical certificate or other administratively acceptable evidence is provided. If a medical certificate is required under this provision, it must include the following elements:
(1) the actual date(s) seen by the medical provider;
(2) probable duration of incapacity and/or return to work date;
(3) an affirmative statement by the medical provider that the employee is unable to work during the period of incapacity; and
(4) the certificate must be an original and must contain the employee's name and the medical provider's name and address, and must be properly signed by the medical provider. Any medical documentation or evidence submitted by an employee shall be considered confidential and may only be discussed with other officials of the Employer subject to its Privacy Act obligations and any other applicable laws, and only for work related reasons on a need to know basis.
C. An employee with a chronic or continuing condition may be asked to provide a medical certificate evidencing the condition periodically if the original certificate does not specify the expected duration of the employee's condition and the anticipated length of the employee's incapacitation.
The Employer may place restrictions on the employee's use of sick leave if it determines that there has been inappropriate use of sick leave. The Employer may impose such restrictions only when preceded by counseling the employee that such restrictions may be imposed if the identified abuse continues. An employee subsequently placed on sick leave restrictions will be notified of the restrictions in writing. This notice will include the basis for imposing the restrictions and will specify the length of time during which the restrictions will be in place. Normally, such leave restrictions will be in place for no more than six (6) months. At the end of the stated period, the Employer may terminate or renew the restrictions, depending on the employee's use of leave during the leave restriction period and on other specific facts and circumstances. The Employer's decision will be in writing.
When an employee's sick leave balance has been exhausted, the Employer may grant a written request for advanced sick leave when required by the exigencies of the situation, for the same reasons it grants sick leave to an employee, subject to the limitations below.
- An agency may advance up to 240 hours (30 days) of sick leave to a full-time employee who is incapacitated for the performance of his or her duties by physical or mental illness, injury, pregnancy, or childbirth;
- For a serious health condition of the employee or a family member;
- When the employee would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease;
- For purposes relating to the adoption of a child; or
- For the care of a covered service member with a serious injury or illness, provided the employee is exercising his or her entitlement to FMLA leave to care for a covered service member.
An agency may advance up to 104 hours (13 days) of sick leave to a full-time employee-
- When he or she receives medical, dental or optical examination or treatment;
- To provide care for a family member who is incapacitated by a medical or mental condition or to attend to a family member receiving medical, dental, or optical examination or treatment;
- To provide care for a family member who would, as determined by the health authorities having jurisdiction or by a health care provider, jeopardize the health of others by that family member's presence in the community because of exposure to a communicable disease; or
- To make arrangements necessitated by the death of a family member or to attend the funeral of a family member.
Employer may advance sick leave for any lawful purpose, when all of the following conditions are met:
- The employee has provided a medical certificate or other administratively acceptable evidence of the need for sick leave;
- Repayment can reasonably be expected;
- The employee's request does not exceed thirty (30) business days or 240 hours;
- There is no reason to believe the employee will not return to work and continue employment after having used the leave; and
- The employee is not currently under a leave warning or leave restriction.
Advanced sick leave need not be taken on consecutive days.
The Employer will not consider the use of approved sick leave in preparing the employee's written performance appraisal.