DID YOU KNOW?
Here is some contract guidance for Sick Leave Restrictions. The most unknown fact is that it is the gift that keeps on giving for two (2) years.
A LEAVE PATTERN is the ONLY reason you should be on SICK Leave restriction, example, calling in every Monday for three months straight.
Article 31, section 4.B.
Where the Agency has reason to believe that an employee is abusing the use of sick leave, the Agency may inquire further into the matter. If there is evidence that an employee’s leave pattern may indicate that an abuse of sick leave exists, the employee shall first be advised by an interview, which shall be recorded in the SF-7B file, of the reasons a medical certificate may be required for each subsequent absence or sick leave. The use of sick leave for scheduled medical appointments caused by recurring and previously documented medical conditions will not be considered a leave pattern that indicates an abuse of sick leave.
If the employee’s leave pattern continues, the employee will be advised in writing as to whether an acceptable medical certificate may be required for each subsequent absence for which sick leave is requested.
The sick leave usage of all employees under sick leave restriction will be reviewed at least every four (4) months and a written decision to continue or lift the restrictions made. If the review shows significant improvement, the supervisor will lift the restriction.
Advance SICK leave criteria.
If you are on restriction “NO advance sick leave”
Article 31, Section 4.D.
Sick leave will be advanced when the following required conditions have been satisfied:
1. The employee is serving under a career or career-conditional appointment.
2. The employee has a minimum of 1 year’s Federal civilian service.
3. All available accumulated sick leave to his/her credit has been exhausted.
4. There is no expectation that the employee is contemplating separation by retirement or resignation.
5. A medical certificate substantiates that a serious illness or injury exists, and that the employee will be capable of subsequently returning to work and fulfilling the full scope of his/her job.
6. There is no expectation that the employee will not remain employed after his/her return to duty long enough to repay the advance of sick leave.
7. The employee does not have a current letter of warning or disciplinary action properly proposed or effected for abuse of sick leave.
Restrictions on Advance Annual are for TWO (2) years. If you are on restriction no advance annual even if you are off restriction
Article 31, Section 2C.
1. Advanced annual leave is leave time requested on an SSA-71 or equivalent, approved by the delegated authority and taken but not yet earned by the employee.
2. An employee may be advanced the lesser of 80 hours or the amount of annual leave an employee would accrue during the remainder of the leave year (i.e., maximum of 80 hours in the leave year).
This provision does not apply to employees who are currently on a leave restriction or who have been disciplined for leave related offenses in the past two years.
Sick leave restriction is not because of your leave balance. Your leave balance should not be a factor, example they should say you use it as soon as you earn it.
Article 31, Section 6. D.
Section 6. Leave Balances
A. Employees will not be denied leave usage solely because of their leave balances.
B. Employees will not be denied overtime or credit hours solely because of their leave balances.
C. Employees will not be adversely affected in any employment decision solely because of their leave balances.
D. Employees will not be placed on sick leave restriction solely because of their leave balances.
LWOP is your right under limited situations. Know when you are ENTITLED to use LWOP.
Article 31, Section 7 E.
E. Employees have a right to LWOP consistent with government wide rules and regulations:
* When a disabled veteran requests LWOP for medical treatment,
*When requested by a reservist or National Guard member for military duties in accordance with appropriate military orders. Employees may request such leave after their military leave has been exhausted (38 USC Section 4316(d)),
* When requested by an employee who has suffered an incapacitating job-related injury or illness and is waiting adjudication of a claim for employee compensation by the Office of Workers’ Compensation Program, or
*When an employee makes a request under the Family and Medical Leave Act, or the Expansion of the Family and Medical Leave Act and meets the criteria for that program.
