Have you been leave counseled?

Sick Leave counseling should be for a leave PATTERN per Article 31 of the AFGE/SSA National Agreement below. A pattern is when you continually do the same thing, i.e. calling in sick every Monday. A pattern is not using all of your leave when you are sick. The agency should not be counseling on your leave BALANCE.

Section 4. Sick Leave

C. 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 SSA-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.

Section 6. Leave Balances

1. A. Employees will not be denied leave usage solely because of their leave balances.
2. B. Employees will not be denied overtime or credit hours solely because of their leave balances.
3. C. Employees will not be adversely affected in any employment decision solely because of their leave balances.
4. D. Employees will not be placed on sick leave restriction solely because of their leave balances.

NOTE: Advanced annual is not available to employees who are currently on a leave restriction
or who have been disciplined for leave related offenses in the past two (2) years.

Any violation to the contract can be grieved within 15 workdays.