Section 1. Definitions
For the purposes of this article, as well as leave sharing programs mentioned in this Agreement (Voluntary Leave Transfer Program, Voluntary Leave Bank Pilot Program), the following definitions shall apply; except as noted in Section 8 (Family Medical Leave Act):

A. "Family member" means the following relatives of the employee:
(1) spouse, and parents thereof;
(2) children, including adopted and foster children and spouses thereof;
(3) parents;
(4) brothers and sisters, and spouses thereof; and
(5) any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

B. "Health care provider" means:
(1) a licensed Doctor of Medicine or Doctor of Osteopathy or a physician who is serving on active duty in the uniformed services and is designated by the uniformed service to conduct examinations;
(2) any health care provider recognized by the Federal Employees Health Benefits Program or who is licensed or certified under Federal or State law to provide the service in question;
(3) a health care provider as defined in paragraph (2) of this definition who practices in a country other than the United States, who is authorized to practice in accordance with the laws of that country, and who is performing within the scope of his or her practice as defined under such law;
(4) A Christian Science practitioner listed with the First Church of Christ, Scientist, in Boston, Massachusetts; or
(5) a Native American, including an Eskimo, Aleut, and Native Hawaiian, who is recognized as a traditional healing practitioner by native traditional religious leaders who practices traditional healing methods as believed, expressed, and exercised in Indian religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, consistent with Public Law 95-314, August 11, 1978 (92 Stat. 469), as amended by Public Law 103-344, October 6, 1994 (108 Stat. 3125).

C. "Serious health condition" means: an illness, injury, impairment, or physical or mental condition that involves:
(1) inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care; or
(2) continuing treatment by a health care provider that includes, but is not limited to, examinations to determine if there is a serious health condition and evaluations of such conditions if the examinations or evaluations determine that a serious health condition exists.

Continuing treatment by a health care provider may include one or more of the following:

a) a period of incapacity of more than 3 consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:

(1) treatment two or more times by a health care provider, or by a health care provider under the direct supervision of the affected individual's health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or
(2) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider (e.g. a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition);

b) any period of incapacity due to pregnancy or childbirth, or for prenatal care, even if the affected individual does not receive active treatment from a health care provider during the period of incapacity, or the period of incapacity does not last more than 3 consecutive calendar days;

c) any period of incapacity or treatment for such incapacity due to a chronic serious health condition that:

(1) requires periodic visits for treatment by a health care provider or by a health care provider under the direct supervision of the affected individual's health care provider;
(2) continues over an extended period of time (including recurring episodes of a single underlying condition);
(3) may cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.). The condition is covered by this provision even if the affected individual does not receive active treatment from a health care provider during the period of incapacity or the period of incapacity does not last more than 3 consecutive calendar days;

d) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The affected individual must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider (e.g. Alzheimer's, severe stroke, or terminal stages of a disease);

e) any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity more than 3 consecutive calendar days in the absence of a medical intervention or treatment (e.g. chemotherapy/radiation for cancer, physical therapy for severe arthritis, dialysis for kidney disease).

Examples of conditions not considered a serious health condition include: routine physical, eye, dental examinations, conditions where over-the-counter medicines and/or bed rest are initiated without a visit to a health care provider, voluntary or cosmetic treatments that are not medically necessary and surgical procedures that typically do not involve hospitalization and require only a brief recovery period. In addition, the common cold, the flu, earaches, upset stomach, minor ulcers, headaches (other than migraines), allergies, restorative dental or plastic surgery after an injury, or mental illness resulting from stress are not considered serious health conditions unless complications develop or if such conditions require inpatient care or continuing treatment by a health care provider.

Section 2. Annual and sick leave records of an employee, or information from these records, will not be made available to the public, except where authorized in writing by the employee. Leave balances in and of themselves will not be the basis for denying promotion or instituting disciplinary action.

Section 3. The employee will use the appropriate form to request leave. All types of leave will be charged in increments of fifteen (15) minutes.

Section 4. Leave earnings are credited in accordance with law.

Section 5. Annual Leave
A. Requests for annual leave shall be made and approved in advance, except in cases of emergency. There shall be at all times, during core period or normal duty hours, a management official authorized to approve leave.

B. When an employee does not report to work in time to complete the entire day, the difference will be charged to annual leave. Employees shall request approval for unscheduled or emergency annual leave from their supervisors by telephone or the most expeditious means possible normally within the first hour of the employee's normal workday, or, in organizational units under flextime, within one (1) hour of the beginning of core time. Employees having scheduled assignments shall request approval of leave one (1) hour before the scheduled assignment. Where for good and sufficient reasons the affected employees are unable to notify their supervisors of their inability to report for duty, the request for emergency annual leave may be made by another person. If the employee does not report to work when expected, the employee will be placed in an Absence Without Official Leave (AWOL) status and may also be subject to disciplinary action.

C. To the greatest extent possible, consistent with workload needs, annual leave will be approved in order to satisfy the preferences of and to provide equity among employees. The employee will not be required to justify requests for annual leave, except when emergency leave is involved. Every effort will be made to accommodate requests for leave for holidays, for weddings, for funerals, and for family emergencies.

D. In the event of a conflict in scheduling annual leave among employees, first consideration will be given to essential work demands, and second to employees whose Library service computation date is earliest, in the absence of determinable personal hardship. Leave requests submitted at least sixty (60) calendar days in advance of the proposed leave period will be resolved in favor of the employee with the earliest Library service computation date, in the absence of determinable personal hardship. Subsequent conflicts among the same employees will be resolved by granting leave to the next senior employee who has not previously been granted his/her preference of leave. Leave requests submitted fewer than sixty (60) calendar days in advance of the proposed leave period will be resolved in favor of the employee who submits the earliest request for leave. Employees may be required to submit leave requests for vacations of two (2) weeks or more, on or before a fixed date established by the Library.

E. When annual leave has been requested and approved, approval will not be canceled except in extraordinary situations in which the presence of the individual employee is required and only after the employee has been consulted and informed. In these situations the employee will normally be notified at least three (3) working days in advance of the beginning of the scheduled leave period.

F. Annual leave may be granted to the extent that such leave will accrue to the employee during the remainder of the current leave year or the time remaining on his/her appointment, whichever occurs sooner.

G. Annual leave in excess of the maximum permissible carryover of 240 hours, except as otherwise provided for by applicable law and regulations, shall automatically be forfeited at the end of the leave year. However, in accordance with 5 U.S.C. 6304, if at the end of any leave year an employee has annual leave in excess of the normal permissible carryover because of one (or more) of the following reasons, such excess annual leave shall be restored to the employee pursuant to the terms and conditions of applicable laws and regulations provided that use of the annual leave in question was requested and approved in writing before the start of the third biweekly pay period prior to the end of the leave year:

Annual leave shall be restored upon the request of the affected employee under the following conditions:

1. to correct an administrative error when the error causes the loss of annual leave otherwise accruable;
2. when the annual leave was scheduled in advance but its use was denied prior to the date of scheduled use by the service unit or infrastructure head because of requirements of the public business;
3. when the annual leave was scheduled in advance but because of sickness or injury it could not be used or rescheduled before the end of the leave year.

Section 6. Sick Leave
A. Sick leave will be granted to an employee when the employee:

(1) receives medical, dental, or optical examination or treatment;
(2) is incapacitated for the performance of duties by physical or mental illness, injury, pregnancy, or childbirth;
(3) subject to the definitions and limits of this article and applicable laws and regulations,
(a) provides care for, or otherwise attends to a family member who is incapacitated by a medical or mental condition or attends to a family member receiving medical, dental, or optical examination or treatment; or
(b) provides care for, or otherwise attends to, a family member with a serious health condition as defined in Section 1(C) of this article;
(c) makes arrangements necessitated by the death of a family member or attends the funeral of a family member;
(4) would, as determined by the health authorities having jurisdiction, or by a health care provider, jeopardize the health of others by his or her presence on the job because of exposure to a communicable disease; or
(5) must be absent from duty for purposes relating to the adoption of a child, including appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow the adoption to proceed. Sick leave may not be used by adoptive parents who voluntarily choose to be absent from work to bond with or provide well baby care for an adopted child.

B. Full-time employees may (unless otherwise provided for in Section 7(A) of this article):

(1) use a total of 40 hours of sick leave per leave year, without regard to his or her sick leave balance, for family care purposes as defined in Sections (6)(A)(3)(a) and (c) of this article. Said sick leave may be advanced. A full-time employee may use up to an additional 64 hours of sick leave per year for these purposes, so long as the use of such additional leave does not bring that employee's sick leave account below 80 hours. Such additional sick leave may not be advanced;
(2) use an additional amount of sick leave, up to a total of 480 hours during any given leave year to provide care for, or otherwise attend to, a family member with a serious health condition as defined in Section 1(C) of this article , so long as the use of such additional leave does not bring that employee's sick leave account below 80 hours. Such additional sick leave may not be advanced.

The combined total of sick leave used by a full-time employee for all family care purposes under this article cannot exceed a total of 480 hours during any given leave year.

C. Part-time employees may (unless otherwise provided for in Section 7(A) of this article):

(1) use sick leave equal to the average number of hours of work in the employee's weekly schedule tour of duty, without regard to his or her sick leave balance, for family care purposes as defined in Section 6(A)(a) and (c) of this article. Said sick leave may be advanced. A part-time employee may use additional sick leave for these purposes up to an amount equal to the number of hours normally accrued by that employee during a leave year so long as the use of such additional leave does not bring that employee's sick leave account below twice the average number of hours work in the employee's weekly scheduled tour of duty. Such additional sick leave may not be advanced;
(2) may use an additional amount of sick leave, up to a total amount of sick leave equal to 12 times the average number of hours in his or her weekly scheduled tour of duty to provide care for, or otherwise attend to, a family member with a serious health condition as defined in Section 1(C) of this article, so long as the use of such additional leave does not bring that employee's sick leave account below twice the average number of hours of work in the employee's weekly scheduled tour of duty. Such additional sick leave may not be advanced.

The combined total of sick leave used by a part-time employee for all family care purposes under this section cannot exceed a total amount of more than 12 times the average number of hours in his or her scheduled tour of duty each week during any given leave year.

D. Employees shall request approval for unscheduled sick leave from their supervisors by
telephone or the most expeditious means possible within the first hour of the employees'
normal workday, or, in organizational units under flextime, within one (1) hour of the beginning of core time. Employees having scheduled assignments shall request approval of leave one (1) hour before the scheduled assignment. Where for good and sufficient reasons the affected employees are unable to notify their supervisors of their inability to report for duty, the request for sick leave may be made by another person. Employees shall report to their supervisors the dates on which they anticipate being able to report for duty. If an employee is unable to anticipate the date of his/her return to duty or is unable to return on the date previously reported, the employee may be required to call in to report continued sickness and incapacity for each day of absence. Requests for approval of sick leave must be made to the immediate supervisor or a management official who is authorized to approve leave.

E. When the need to use sick leave for family care purposes as defined in Sections (6)(A)(3) of this article is not foreseeable before the leave is to commence, the employee will give the Library notice of his/her intent to take sick leave for family care purposes as soon as practicable after the employee learns of the need for leave.

F. In emergency situations, notification is acceptable from another person until the employee is able to contact his/her supervisor. Leave may not be delayed or denied when the need for leave is not foreseeable and the employee is unable, due to circumstances beyond his/her control, to provide notice.

G. Employees normally shall not be required to furnish a medical certificate to substantiate a request for approval of sick leave unless such sick leave exceeds three (3) workdays of continuous duration. In cases where the nature of the illness was such that an employee or family member did not need to see a medical practitioner, the employee's written statement concerning the illness may be accepted. A medical statement or the employee's written statement must be filed within five (5) workdays after returning to duty. A bona fide practitioner of the Christian Science religion, or a religion of similar persuasion, would not be required to meet the requirements of this section.

H. An employee who suffers, or whose family member suffers, from a recurring condition requiring occasional absences of longer than three (3) workdays shall provide a medical certificate attesting to the nature of the condition. Thereafter, the employee need submit only a personal statement in lieu of a medical certificate, providing that the Library determines that a medical certificate is not necessary.

I. In individual cases, if the Library believes that an employee may be using sick leave improperly, the employee shall first be advised orally of the problem. Thereafter, the Library may request a medical certificate for each subsequent absence on sick leave. If this is required, the employee will be advised in writing. Such cases requiring a medical certificate for each leave absence shall be subsequently reviewed for the purpose of determining whether such requirement can be eliminated. This review shall take place no later than the end of four (4) months from date of issue of the official written notice requiring a medical certificate. When it has been determined that the restriction is no longer necessary, all records pertaining to the matter (including the final notice) shall be removed in accordance with the time established in Article 12 (Personnel Records).

J. Questions concerning the authenticity or validity of a medical statement or the employee's written statement shall be referred to the Health Services Office for resolution. Where an inquiry into a questionable medical certificate is being conducted, prior notice of such inquiry shall be given to the employee involved.

K. When sickness occurs during annual leave, the period of illness may be charged as sick leave, subject to the provisions of this article and provided the employee submits a written request within five (5) work days after returning to duty to the immediate supervisor or a management official who is authorized to approve leave. In such cases, medical documentation must be submitted.

L. Employees who are released from duty because of illness on the advice of the Library's Health Services Office shall not be required to furnish a medical certificate to substantiate sick leave for the time released. An employee so released from duty will be charged sick leave beginning at the time of departure from the Library. Employees obtaining examination or treatment at the Library's Health Services Office shall be in duty status and will not be charged sick leave if they are returned to work during their tour of duty.

M. Employees injured in the performance of duty, and requiring examination or treatment by the health unit or a medical practitioner, will be excused without charge to leave for the remainder of that workday if unable to return to work that day.

N. For family care purposes, the twelve (12) month period for calculating sick leave shall be calculated on the leave year.

Section 7. Advanced Sick Leave
A. Permanent or indefinite employees may be granted sick leave in advance of its accrual, not to exceed thirty (30) days or 240 hours, when an employee is incapacitated due to a serious health condition, as defined in Section 1(C) of this article. Employees in time-limited appointments shall not be advanced sick leave in excess of the sick leave to be earned during the remaining period of their appointment. Employees with appointments of less than one year are not eligible for advanced sick leave. (See also Section (6)(B) and (6)(C)). Such advanced sick leave shall only be granted when there is an expectation that the employee will return to duty for a sufficient time to repay the advanced leave.

B. Sick leave may be advanced even though the employee has annual leave to his/her credit, with the understanding that the total advance may be charged to sick leave subsequently earned.

C. All requests for advanced sick leave must be applied for on the appropriate forms, supported by a medical certificate, if required, and must be recommended by the division chief and Health Services Office, and approved by the Director of Human Resources Services or designee. Such requests should be processed as quickly as possible by the employee, division chief, Health Services Office, and the Director of Human Resources Services in order to avoid inconvenience or hardships. Payments cannot be made until written approval has been received by the appropriate timekeeper.

D. Any medical documentation required must be signed by a health care provider, and must be sufficiently specific for the Health Services Office to make a reasonable decision concerning whether or not the employee was incapacitated to perform the duties of the position and/or was receiving medical treatment. It must identify the dates of the incapacitation and/or treatment, and if appropriate provide an estimated date of full or partial recovery.

Section 8. Family and Medical Leave
Except as otherwise provided for in this Agreement, the provisions of LCR 2015-21 (Family and Medical Leave) are hereby incorporated into this Agreement. An employee may choose to take FMLA leave in combination with any other available leave.

For the purpose of granting leave pursuant to the Family Medical Leave Act of 1993 (FMLA), the term "family member" is defined as: a spouse (husband or wife pursuant to a marriage that is a legal union between one man and one woman, including common law marriage between one man and one woman in states where it is recognized), son or daughter (including adopted or foster children, stepchildren or a legal ward), or parent.

Section 9. Leave Without Pay.
A. The authorization of LWOP is a matter of administrative discretion based on considerations of workload demands and the interests of the Library. It may not be demanded as a right by a staff member nor may it be imposed as a penalty. The approval or denial of LWOP shall be granted without regard to the employee's unused leave credits. Requests for LWOP for less than thirty (30) workdays may be granted by division chiefs or officers of equivalent status.

B. Requests for extended LWOP (i.e., thirty (30) or more days) must be forwarded through established channels to Human Resources Services for approval. As a basic condition for approval of extended LWOP there must be reasonable expectation that the staff member will return to the Library at the end of the period. Justifiable causes for extended LWOP include, but are not limited to:

(1) education or training, including self-directed study likely to result in increased competence;
(2) temporary service with another public or private agency leading to increased job effectiveness or contributing to the public welfare;
(3) temporary illness or incapacitation;
(4) protection of an employee's status during any period:
(a) pending final action by OPM on a claim for disability retirement after all the employee's available paid leave has been exhausted;
(b) pending action by the Office of Workers' Compensation Programs of the Department of Labor on a claim resulting from work-related illness or injury; and for at least one year, while being compensated by the Office of Workers' Compensation Programs, with extension in increments of six months or one year when the Library's review of the case indicates the employee may be able to return to work within six months or a year. (If review of the case indicates the employee will not or cannot return to work, LWOP shall not be extended and the employee shall be separated.); or
(5) use of Family and Medical Leave pursuant to the provisions of this Agreement and LCR 2015-21 (Family and Medical Leave).

Section 10. Absence for Maternity Reasons
A. Maternity reasons are: the birth of a child, the termination of a pregnancy, the incapacitation or confinement related to pregnancy, or postnatal mother and/or infant care. The Library has the right to request medical certification from the affected employee to support leave requests made pursuant to this section.

B. Pregnancy is a condition which may require the employee to be absent from the job because of incapacitation. To the extent available, sick leave may be used to cover the time required for physical examination and to cover the period of incapacitation. An absence for pregnancy confinement is to be treated like any other medically-certified temporary disability.

C. Each request for maternity leave will be judged on its own merits and approved or denied in accordance with the employee's situation, consonant with the Library's operating needs. With respect to the birth of a child, as well as the care of such child, an employee may invoke her entitlement to use leave under the provisions of Section 6 of this article and LCR 2015-21 (Family and Medical Leave), with the understanding that the affected employee may request and may be granted such leave in the amounts and in the order she prefers. Specifically:

(1) Sick Leave: As applicable, a pregnant employee, or a new biological or adoptive mother, may use:

—sick leave for her own prenatal and postnatal medical appointments and any periods of incapacitation as a result of pregnancy and childbirth, as well as for any medical complications that may result;
—up to thirteen (13) days of sick leave each leave year for well baby appointments and to care for a newborn or newly adopted child during minor illnesses, i.e. general care of a family member;
—up to twelve (12) weeks of accrued or accumulated sick leave each leave year to care for a newborn child with a serious health condition, as defined in Section 1(C) of this article;
—accrued or accumulated sick leave for purposes relating to the adoption of a child as enumerated in Section 12 of this article.

Sick leave may not be used beyond the date the staff member is incapacitated due to pregnancy, childbirth, or any medical complications that may result, nor can it be used to care voluntarily for a healthy newborn. If the employee has previously used any portion of the thirteen (13) day entitlement for general family member care and bereavement purposes, that amount must be subtracted from the twelve (12) week entitlement to care for another family member with a serious health condition within that same leave year.

(2) FMLA Leave: In addition to sick leave, a pregnant employee, or a new biological or adoptive mother, is also entitled to use up to twelve (12) weeks of leave without pay in any twelve (12) month period under the Family and Medical Leave Act of 1993 (FMLA).

To be eligible for the entitlement under FMLA, an individual must be employed by the Federal Government on a permanent or indefinite appointment of more than one year, with a minimum of twelve (12) months of creditable federal service completed by the date on which any FMLA leave is to commence. Employees on intermittent or temporary appointments of one year or less are not eligible for this entitlement.

The following maternity reasons are applicable:

—for her own prenatal and postnatal medical appointments and any periods of incapacitation as a result of pregnancy and childbirth, as well as for any medical complications that may result;
—to care voluntarily for a healthy newborn or adopted child;
—to care for a child with a serious health condition, as defined in Section 1(C) of this article;
—for purposes relating to the adoption of a child as enumerated in Section 12 of this article.

A pregnant employee, or a new biological or adoptive mother, may elect to substitute paid leave, e.g., sick leave and approved advanced sick leave, accrued, accumulated, and approved advanced annual leave, and transferred or donated annual leave, for the unpaid FMLA leave, but only to the extent that the use of such paid leave is permitted under current law and regulations.

For example, a new biological or adoptive mother who invokes FMLA to care voluntarily for a healthy newborn or adopted child, may only substitute annual leave for the leave without pay, sick leave may not be used beyond the date the staff member is incapacitated due to pregnancy and childbirth or any medical complications that may result; nor can it be used to care voluntarily for a healthy newborn.

FMLA leave must be used within one (1) year following the date of birth or placement of the child.

D. Where foreseeable, the employee should make known her intent to request leave for pregnancy/maternity purposes indicating the type(s) of leave, approximate dates, and anticipated duration at least thirty (30) calendar days in advance to allow her supervisor time to prepare for any necessary staffing adjustments.

E. No arbitrary date requiring a pregnant employee to cease work or preventing her from returning to work after childbirth will be established. Normally these decisions will be the employee's upon consultation with her physician. In appropriate cases, the Library may request the affected employee to provide medical certification to support her decision.

F. The Library's overall objective is to maximize the use of the skills and training of a pregnant employee up to the point where she becomes physically incapable of executing the duties and responsibilities of her job. Therefore, when a pregnant employee, after consultation with her physician, requests a modification of her job duties, or a temporary assignment to other available work for which she is qualified, the Library shall make a reasonable, good faith effort to accommodate her. The Library shall have the right to request medical certification from the affected employee to support her request.

Section 11. Absence for Paternity Reasons
A. The Library has the right to request medical certification from the affected employee to support leave requests made pursuant to this section.

B. With respect to the birth or adoptive placement of a child, as well as the care of such child, or the care of the new mother; a new father may invoke his entitlement to use leave under the provisions of Section 6 of this article and LCR 2015-21 (Family and Medical Leave) with the understanding that the affected employee may request and may be granted such leave in the amounts and in the order he prefers. Specifically:

(1) Sick Leave: As applicable, a new biological or adoptive father may use:

—accrued or accumulated sick leave to care for the biological mother for any period (up to a maximum of twelve (12) weeks) during which she is incapacitated as a result of pregnancy and childbirth. This includes prenatal and postnatal doctor's examinations, hospitalization, and recovery from childbirth, and any medical complications that may result;
—up to thirteen (13) days of sick leave each leave year for well-baby appointments and to care for the newborn or newly adopted child during minor illnesses, i.e. general care of a family member;
—up to twelve (12) weeks of accrued or accumulated sick leave each leave year to care for a newborn child with a serious health condition, as defined in Section 1(C) of this article;
—accrued or accumulated sick leave for purposes relating to the adoption of a child as enumerated in Section 12 of this article.

Sick leave may not be used to care voluntarily for a healthy newborn. For each leave year, if the employee has previously used any portion of the thirteen (13) day entitlement for general family member care and bereavement purposes, that amount must be subtracted from the twelve (12) week entitlement to care for another family member with a serious health condition within that same leave year.

(2) FMLA Leave: In addition to sick leave, a new biological or adoptive father, is also entitled to use up to twelve (12) weeks of leave without pay in any twelve (12) month period under the Family and Medical Leave Act of 1993 (FMLA).

To be eligible for the entitlement under FMLA, an individual must be employed by the Federal Government on a permanent or indefinite appointment of more than one year, with a minimum of twelve (12) months of creditable federal service completed by the date on which any FMLA leave is to commence. Employees on intermittent or temporary appointments of one year or less are not eligible for this entitlement.

The following paternity reasons are applicable:

—to care for his spouse while she is incapacitated as a result of pregnancy and childbirth. This includes prenatal and postnatal doctor's examinations, hospitalization, and recovery from childbirth, and any medical complications that may result;
—to care voluntarily for his healthy newborn or adopted child;
—to care for a child with a serious health condition, as defined in Section 1(C) of this article;
—for purposes relating to the adoption of a child as enumerated in Section 12 of this article.

A new biological or adoptive father may elect to substitute paid leave, e.g., sick leave and approved advanced sick leave, accrued, accumulated, and approved advanced annual leave, and transferred or donated annual leave, for the unpaid FMLA leave, but only to the extent that the use of such paid leave is permitted under current law and regulations.

For example, a new biological or adoptive father who invokes FMLA to care voluntarily for a healthy newborn or adopted child, may only substitute annual leave for the leave without pay, sick leave may not be used to care voluntarily for a healthy newborn, i.e. well-baby care.

FMLA leave must be used within one (1) year following the date of birth or placement of the child.

Section 12. Absence for Adoption Reasons
An employee may use sick leave for purposes related to the adoption of a child.

Examples may include, but are not limited to: appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; any periods of time the adoptive parents are ordered or required by the adoption agency or by the court to take time off from work to care for the adopted child; and, any other activities necessary to allow the adoption to proceed.

Adoptive parents who voluntarily choose to be absent from work to bond with or care for an adopted child may not use sick leave for this purpose. Parents may use annual leave or leave without pay. Additionally, parents may use annual leave or leave without pay for any of the above purposes. The Library may request administratively acceptable evidence for absences related to adoption.

The employee may request and may be granted the leave in the amounts and in the order he/she prefers, in accordance with the provisions of this article and LCR 2015-21 (Family and Medical Leave).

Section 13. Tardiness
Employees are expected to report for work on time and to be present for duty at times assigned to do work. Reasons for tardiness shall be reported promptly to the designated official. Except for employees who are on flextime schedule, infrequent tardiness of less than one (1) hour may be excused by the designated official. Frequent instances of tardiness or lengthy periods of tardiness may be charged to annual leave or AWOL as determined by the supervisor. Where this decision is made and the period of tardiness is less than one (1) hour, the employee will not be required to work the additional period covered by the leave charge. Tardiness on separate days shall not be combined to result in charges to leave. No employee shall be charged with AWOL for tardiness up to one (1) hour without prior counseling.

Section 14. Emergency Conditions
Excused absence for emergency conditions will be granted in accordance with applicable laws and regulations.

Section 15. Excused Absence for Attendance at Professional Meetings
The Library recognizes that to assist in achieving the full development of employees in the bargaining unit, attendance at professional meetings may be necessary. Bargaining unit employees may, therefore, be granted excused absence to attend such meetings, provided that the Library determines that the employee's attendance is in its interest, and that the work of the Library will allow such absence.

Section 16. Court Leave
Court leave shall be granted in accordance with the Library's applicable rules and regulations.

Section 17. Voting Leave
Excused absence will be granted employees for the purpose of voting and/or registering to vote in accordance with the Library's applicable rules and regulations.

Section 18. Military Leave
Military leave shall be granted in accordance with applicable laws and Library regulations.

Library of Congress
101 Independence Ave. SE
Washington, D.C. 20540
Comments: lcweb@loc.gov
(04/16/02)