ARTICLE 12

LEAVE

a. Employees shall earn and be granted annual leave in accordance with applicable laws and regulations. Careful consideration shall be given the desires and needs of the employees in granting annual leave, subject to operational requirements. Employees will be given an opportunity to discharge all annual leave earned during the leave year.
b. It is agreed by the parties that it is a mutual obligation to schedule annual leave in accordance with the provisions specified in this Article and the above quoted regulations, so that no employee shall be placed in the position of forfeiting annual leave at the end of the leave year.
c. The primary consideration in approving or disapproving leave request shall be the impact of such leave on accomplishment of the CDA Station mission. Reasonable efforts will be made to give employees the opportunity to discharge all annual leave earned during the leave year which would exceed the carry over provisions defined by Federal regulations. An employee may not be placed on annual leave without his/her consent solely to discharge accrued leave unless the employee has been previously counseled on potential loss of excess accrued annual leave, has been accorded an opportunity to schedule such excess, and by November 1 of the current year, has not properly scheduled use of annual leave subject to forfeiture at the end of the leave year. Counseling shall be documented by the supervisor and initiated by the employee. It is the sole responsibility of the employee to plan and request all annual leave during the leave year sufficiently in advance to avoid loss of leave, to minimize problems in work scheduling, and eliminate the potential burden on the CDA Station and fellow employees relating to the scheduling of multiple leave requests.
d. Management, due to requirements for shift operations, must utilize the total year for leave scheduling. Employees' desires for planned annual leave must be scheduled as far in advance as possible and in all cases, except as indicated elsewhere in this Article, prior to preparation of the official schedule as specified in Article 13.
e. Summer leave must be requested in writing on SF-71 , by March 1. Failure to submit the SF-71 by March 1 may result in the employee not getting consideration for the desired days off. Summer leave period is defined as May 1 through October 1. Reasonable effort will be made to grant employees at least two (2) consecutive weeks of leave. Where not restrictive to establishment of an equitable work schedule, it is desirable to allow two (2) days off at the beginning and end of the 10-day leave period. The summer leave schedule shall be posted no later than April 30. Conflicts in request for annual leave will be resolved by whatever agreement is reached between employees. Leave requests on SF-71 for other than summer leave will be answered within five (5) calendar days. It is agreed and understood that schedule changes are necessary to grant annual leave. This may include changing the official schedule after posting.
f. Unforeseen or unscheduled leave may be authorized when personnel are available and the shift can be filled by qualified employees or when a local workload adjustment can be made. While employees do not have to give a reason when requesting such leave, approval may hinge on the need for the absence. Such leave must be requested as far in advance as possible.
g. Employees will be granted emergency annual leave in the event of death, critical Illness or serious injury requiring hospitalization of an immediate relative, as defined in FPM Chapter 630-19 (S-8).
h. When annual leave is refused, the supervisor shall discuss the reasons for denial with the employee. All requests for leave will be by SF-71. SF-71 approval or other approval shall not guarantee the leave can be granted. Personnel shortages, conflicting requests. etc., may necessitate a change in leave periods or cancellations after initial approval. Whenever he/she cancels or changes previously approved annual leave, the supervisor will provide a written explanation for his/her decision.
i. Requests for advanced annual leave, as authorized under NOAA Personnel Handbook, Chapter 12 shall be furnished to approving officer at least two weeks before the date the requested leave would begin. Failure to do so will provide a prima facie basis for denial.
j. When a supervisor charges leave for tardiness, the employee will be so notified and will not be required to work during the charged leave period.

SECTION 4. OTHER LEAVE

a. Leave without pay shall be granted to not more than one of the members of the Union to serve with NWSEO for one year if requested, in writing by the Union. An extension may be considered for the second year upon request in accordance with A.O. 202-630.
b. When an employee is on leave without pay under the provisions of the Agreement, the employee shall be entitled to return to a job of like seniority. status and pay.
c. Provision for leave of absence for formal education purposes will comply with the Federal Personnel Manual Chapter 630.
d. Management agrees to grant Union officers or stewards, who are full-time employees in the bargaining unit, excused absences not to exceed three (3) days per year, in the aggregate, to receive information, briefing, or orientation relating to matters of mutual concern to the employing agency and the employee in the capacity of employee organization representative. Such request for use of this excused absence will be considered on a case by case basis. The Union bears the responsibility for showing in what way the representatives participation in the Union meeting, conference or convention will have the required benefit for management. It is understood that for these purposes, the period of excused absences for each separate meeting, conference or convention, normally, do not exceed eight (8) hours per individual.

SECTION 5. BLOOD DONORS
Up to four (4) hours excused absence may be granted to employees who donate blood to the Red Cross or in emergency situations to local hospitals, immediately following the donation, but exclusive of the lunch period. However, the specific time of donating is subject to operational requirements. Such leave must be taken on the day that the blood is donated.

a. The Union and Employer recognize the insurance value of accrued sick leave and encourage employees to conserve sick leave so it will be available in case of extended illnesses.
b. Sick leave, if available, shall be granted to employees when they are incapacitated from the performance of their duties by bona fide illness or injury, or in other circumstances as set forth in applicable regulations. Advance sick leave may be authorized in accordance with NOAA Personnel Handbook. Chapter 12.
c. When absence from duty exceeds three (3) consecutive work days, it must be supported by either a medical officer's certification that the employee was incapacitated for duty for the entire period with the reason for the incapacitation or, a signed statement by the employee stating why he/she did not seek medical care and certifying the absence was due to personal incapacitation for duty and the reasons therefor. The employee's statement is subject to approval by the supervisor.
d. Employees desiring medical, dental or optical examination or treatment shall attempt to schedule such appointments after or before work hours or on non-work days. Where such scheduling is not possible, requests for sick leave to cover such examination or treatment shall be submitted immediately upon obtaining such an appointment and will specify the date and time of the planned appointment.
e. Employees are responsible for notifying their immediate supervisors (or the supervisor's designated representative) when they will be prevented from reporting for work because of incapacitation for duty. Notice and request for sick leave will be given as soon as possible and for operational shift personnel normally no later than two (2) hours prior to the start of the employee's scheduled shift on the first working day of absence.

SECTION 8. LEAVE REQUIREMENTS LETTER
Employees who abuse leave regulations may receive a leave requirements letter specifying how leave is to be requested and used. A copy will be placed in the employees' OPF for so long as the letter is in effect. The leave requirements letter may require a medical certificate to substantiate requests for approval of sick leave for three (3) work days or less. Any absences not requested or used in accordance with the requirements letter will be charged to AWOL. A leave requirements letter cannot be issued to an employee unless Management has first orally informed the employee about leave abuse. The requirements letter will be reviewed every year on the anniversary date, by Management, the employee concerned, and the union representative. Management reserves the right to make the final determination of the necessity for continuation or termination of this requirement at any time.

a. An employee who is pregnant has in obligation to her employer to report her intent to request leave for maternity reasons, including the type of leave, approximate date, and anticipation of duration, in order that the necessary staffing adjustments may be made.
b. When there is any question about the pregnant employee's physical ability to perform her job without hazard to her health or the health of the unborn child, the employee should consult her own physician on this matter, and notify the Employer in writing of any specific restrictions.

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