ARTICLE 16 OTHER ABSENCES SECTION 1 - REGISTRATION AND VOTING The Agency will publish, semi-annually, a statement describing the applicable laws, rules, and regulations. SECTION 2 - FUNERAL LEAVE Leave will be approved subject to applicable laws, rules, and regulations. SECTION 3 - CLIMATIC AND EMERGENCY CONDITIONS Administrative dismissal is discretionary by the Agency and will be determined by locally established procedures. When administrative dismissal is authorized because of weather conditions, disaster, or other emergency conditions, all employees who reported for work will be dismissed without loss of pay or leave for the remainder of their work shift, except for those employees whose services are specifically required. When time and conditions permit, the Agency will notify the Union of the contemplated administrative dismissal and consider any recommendations concerning the dismissal made by the Union. SECTION 4 - COURT LEAVE An employee will be authorized absence from work status without charge to leave or loss of pay for jury duty, or for attending judicial proceedings in a nonofficial capacity as a witness on behalf of the Federal Government or State or local Government. SECTION 5 - BLOOD DONATION Employees shall be granted administrative leave, not to exceed four (4) continuous hours in a workday, for the purposes of making blood donations and recuperating from donating blood, provided that such leave is approved in advance. SECTION 6 - LEAVE WITHOUT PAY A. Leave without pay (LWOP) is a temporary nonpay status for a specific period of time which may be granted an employee in accordance with applicable laws, rules, and regulations. The Agency agrees that every effort shall be made to satisfy the reasonable desires of employees with respect to approval of LWOP. B. LWOP may be granted to a bargaining unit employee who is elected to position of National Officer of the American Federation of Government Employees (AFGE) for the purpose of serving full-time in an elected position, or who is selected as an AFGE National Union Representative. No more than three representatives may be approved by the Agency. The Agency shall be given not less than sixty (60) days notice. Any LWOP granted or approved in accordance with this Article is subject to appropriate Government-wide regulations or other outside authority binding on the Agency. Upon return to duty after a period of LWOP, the Agency will return the employee to the position which he or she held prior to the leave or to a similar position at the same grade and pay, provided such a position is available. The employee will be trained as necessary. If the position does not exist, the employee will be placed in accordance with applicable regulations. SECTION 7 - RELIGIOUS OBSERVANCES A. Modifications to Work Schedules. An employee, whose personal religious beliefs require the abstention from work during certain periods of the workday or workweek, may elect to engage in overtime work for time lost for meeting those religious requirements. B. Compensatory Time/Time Off. To the extent that such modifications in work schedules do not interfere with the efficient accomplishment of the Agency's mission, the Agency shall afford the employee the opportunity to work compensatory time and shall grant compensatory time off to an employee requesting such time off for religious observances when the employee's personal religious beliefs require that the employee abstain from work during certain periods of the workday or workweek. C. Granting and Repaying Compensatory Time Off. The employee may work such compensatory time before or after the grant of compensatory time off. A grant of advance compensatory time off should be repaid by the appropriate amount of compensatory time worked within a reasonable amount of time. Compensatory time shall be credited to an employee on an hour-for- hour basis or authorized fractions thereof. Appropriate records will be kept of compensatory time earned and used. D. Non-Applicability of Premium Pay. The premium pay provisions for overtime work do not apply to compensatory time work performed by an employee for this purpose. SECTION 8 - FAMILY AND MEDICAL LEAVE A. The Family and Medical Leave Act (FMLA) of 1993 established a temporary non-pay status for a specific period of time which may be granted to eligible employees in accordance with applicable laws, rules and regulations. The Act provides a total of up to 12 administrative work weeks of unpaid leave during any 12 month period to take care of specified family and medical needs for eligible employees. B. Definitions. 1. Eligible employee. To be eligible for family or medical leave (FML), a person must have completed at least 12 months of service as an employee. It does not include individuals employed on a temporary or intermittent basis. 2. Health care provider. A licensed doctor of medicine or osteopathy, Christian science practitioner listed with the first Church of Christ, Scientist in Boston MA, or other attending practitioner who is certified by a national organization and licensed by a state. 3. Parent. A biological parent or an individual who stood in that position to the employee when the employee was a child. 4. Reduced Leave Schedule. A leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee. 5. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the following: a. Any period of incapacity or treatment in connection with or consequent to in-patient care in a hospital, hospice, or residential medical care facility. b. Any period of incapacity requiring absence from work or regular daily activities of more than 3 calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider. c. Continuing treatment by (or under the supervision of) a health care provider (a) for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than 3 days; or (b) for prenatal care. 6. Son or daughter. A biological, adopted or foster child, stepchild, legal ward, or child who stands in the position of a son or daughter to the employee who is under 18 years of age or who is over 18 and incapable of self care because of mental or physical disability. 7. Spouse. A husband or wife, as recognized by state law. C. Purposes for which FML may be used. 1. Birth of a child of the employee and care of newborn child of the employee (within one year after birth). 2. Placement of a child with an employee for adoption or foster care (within one year after placement). 3. Care of a spouse, child or parent with a serious health condition. 4. Serious health condition of an employee that makes the employee unable to perform duties of their position. D. Other provisions. 1. FML may be granted for up to 12 administrative work weeks during any 12 month period. 2. The 12-month period begins on the date an employee first takes FML. 3. An employee is responsible for requesting their entitlement to FMLA leave. 4. An employee may elect to substitute annual leave, sick leave or other paid time off for FML, consistent with applicable laws and regulations. E. Procedures. 1. When foreseeable, an employee is responsible for providing notice of their intention to take FML not less than 30 days before the date the leave is to begin, so as not to disrupt the agency's operations. However, this may not always be possible in the event of serious health conditions that arise unexpectedly. 2. FML used to care for a family member or for a serious health condition of the employee must be supported by a medical certificate. 3. A request for FML must be submitted to the immediate supervisor in writing, and include the effective date the FML will begin and whether the employee elects to use paid leave during the FML 12 week period. A statement of the care required and the amount of time needed to care for the family member, along with a certification by the physician or health practitioner, will be included. The request or certification must indicate whether the leave will be taken intermittently or on a reduced leave schedule for planned medical treatment, and when such treatment is expected to be provided. 4. An employee may be transferred to an alternate position of equivalent pay and benefits that can better accommodate intermittent leave. When returning to duty, an employee will be returned to the same or to a substantially equivalent position, in accordance with applicable laws and regulations. F. Specific rights, duties, and responsibilities regarding the Family and Medical Leave Act of 1993 are found in Public Law 103-3. Section 3, Climatic and Emergency Conditions, may be supplemented.