Article 10.
Miscellaneous Leave and Excused Absence
Section 1. Court Leave
A. Court Leave will be granted in accordance with applicable regulations. The court may be a federal, state,
District of Columbia or municipal court. When the employee is called as a witness, they shall notify their supervisor
promptly so that proper arrangements may be made for their absence from duty.
B. Employees called for jury duty, or jury qualification, will be granted court leave consistent with regulations. When
called, the employee shall notify the Leave Approving Official promptly and shall submit a true copy of their
Summons for jury service. Upon completion of their service, the employee shall present to the Leave Approving
Official satisfactory evidence of time served on such duty.
C. Duration of Jury Service. An employee who is under proper summons from a court to serve on a jury should be
granted court leave of absence with pay for the entire period, from the date stated in the summons on which he is
required to report to the court to the time he is discharged by the court, regardless of the number of hours per day
or days per week he actually serves on the jury during the period. However, the term of jury service does not
include time during which the employee is excused or discharged by the court for an indefinite period subject to
call by the court or for a definite period in excess of one
(1) day.
D. Interim Excuse from Jury Duty. When no hardship would result, it is within the administrative discretion of the
agency to require an employee entitled to court leave because of jury service to return to duty or suffer a charge
against their annual leave if he is excused from jury service for one day or even a substantial part of a day. The
employee may not, however, be required to return to duty if it would work a hardship on them; for example, an
employee engaged on night duty or one who lives or works a long way from the place where the court is held.
Section 2. Administrative Leave
A. Blood Donations
An official with delegated authority may approve excused absence for an employee who is donating blood
without compensation for a reasonable amount of time for purposes of donation and recovery, normally two (2)
hours. Additional time may be excused if appropriate because of the location of the donation site, the type of
donation program (e.g., donation of blood platelets), or other factors determined by leave-approving official.
B. Agency issued Traffic Citations
When an employee receives a traffic or parking ticket from the Agency police force, the employee has the
right to defend such tickets in court. In cases where the employee's citation is rescinded and/or the employee is
completely exonerated in their case on the merits before the court or liaison, the Agency will convert any annual
leave the employee requested to defend him/herself to administrative leave. This includes time required to report
to, attend, and return from court. This provision will only apply to Agency issued traffic and parking violations.
Section 3. Military Leave
A. Permanent and career-conditional employees who are members of the National Guard, or any reserve unit
of the Armed Forces (that is, Army, Navy, Air Force, Marines, or Coast Guard), shall be entitled to military leave for
each day of active duty in such organizations up to a maximum of fifteen (15) calendar days in any fiscal year
(prorated for part-time employees). Military leave, not to exceed fifteen (15) days, which is unused at the beginning
of succeeding fiscal year will be carried forward for use in that fiscal year only. This gives a full-time employee the
potential for thirty-day (30) military leave during a fiscal year (less for part-time employees, also prorated).
B. Approval of military leave provided in the foregoing shall be based on a copy of the orders directing the employee
to active duty and a copy of the certificate on completion of such duty.
C. Military leave shall be without loss of pay.
D. Employees are not entitled to military leave to use for weekend drill. However, employees should request
accommodations to attend weekend drill by rescheduling a conflicting tour of duty, annual leave or leave without
pay as far in advance as possible.
Section 4. Voting and Registration
A. Excused absence will be given employees to vote in national, state and local municipal elections or
referendums in accordance with B. below.
B. An employee living within normal commuting distance will be given time as necessary to vote, without charge
to leave, which will permit them/her to report to work within three (3) hours after the polls open or leave up to three
hours before the polls close, whichever requires the least amount of excused absence.
C. If the employee's voting place is beyond normal commuting distance and absentee balloting is not permitted
he/she may be granted sufficient time off to vote not to exceed eight (8) hours.
D. In jurisdictions where registration in person is required, excused absence to register will be granted on the same
basis as for voting, except that no time shall be granted if registration can be accomplished on a non-workday.
E. The employee has a responsibility to make arrangements with their leave approving official in advance for time
off to vote or register.
Section 5. Leave Without Pay
A. Leave without pay is a temporary non-pay status and absence from duty granted upon an employee's
request. All requests for leave without pay, regardless of duration, are subject to approval by the appropriate
authority. A period of leave without pay shall not exceed one (1) year for each application.
B. Current employees who are subsequently elected to a Union office or appointed to serve as a delegate to a
Union convention which requires their absence from work may request LWOP to fulfill their obligations. Internal
union business which requires absence from the Agency's premises, may also be appropriate for a request for
LWOP. All requests will be considered subject to workload considerations. The Employer may grant leave without
pay for such employee(s) provided the request is submitted not less than thirty (30) days prior to the day the
absence is to begin. Leaves of absence granted under this provision for employees elected to a Union office may be
for a period of time concurrent with the term of the office.
C. The Agency recognizes the obligation to return an employee to duty at the expiration of approved leave without
pay in a position and rate of pay to which the employee is entitled in accordance with government-wide rules and
regulations.
D. Employees in an approved leave without pay status shall accrue all rights and privileges with respect to
retirement status and coverage under the Federal Employees Group Life Insurance and Federal Employees Health
Benefits Program (FEHB) to the extent they are entitled such benefits. The Agency will continue to pay its share of
the FEHB premium for the first 365 days of LWOP. The employee is responsible for the employee's contribution in
accordance with government-wide rules or regulations. Employees are encouraged to seek advice from their
personnel office on this issue.
E. Employees on LWOP will be afforded the right to compete for their position during a reduction in force
according to government-wide rules and regulations.
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