Section 1. The Library and the Guild agree to the establishment of a Voluntary Leave Bank Pilot Program. Under this Pilot Program, the unused accrued annual leave of a bargaining unit employee may be contributed to a leave bank for use by a leave bank member who needs such leave because of a medical emergency. The pilot shall be one year in duration unless extended by mutual agreement of the parties.

Section 2. For the purposes of this article the following definitions shall apply:

1. "Employee" means a bargaining unit employee represented by the Guild;
   
   
2. "Family member" means a person related to the employee as follows: spouse, parents of the spouse, children and their spouses, parents, brothers, sisters, and their spouses, and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship;
   
   
3. "Leave bank" means a pooled fund of annual leave established by the Library;
   
   
4. "Leave bank member" means a leave contributor who has contributed in an enrollment period (or individual enrollment period, as applicable) of the current leave year, at least the minimum amount of annual leave as provided for in Section 6E of this article;
   
   
5. "Leave contributor" means an employee who contributes annual leave to the Voluntary Leave Bank Pilot Program;
   
   
6. "Leave recipient" means a leave bank member whose application to receive contributions of annual leave from the leave bank has been approved;
   
   
7. "Medical emergency" means a medical condition of an employee or a family member of an employee that is likely to require an employee's absence from duty for a prolonged period of time of at least twenty-four (24) hours (or, in the case of part-time employees, at least thirty percent of the average number of hours in the employee's biweekly scheduled tour of duty) and likely to result in a substantial loss of income to the employee because of the unavailability of paid leave.

Section 3. Within one month of the signing of this Agreement, the Library shall establish a Leave Bank Board for the pilot, consisting of three (3) members. One of the Board members shall be appointed by the Guild. As provided for in Section 4 below, the Board shall meet and make recommendations to the Library concerning the policies and procedures for the administration of a Voluntary Leave Bank Pilot Program. Within six (6) months of the signing of this Agreement, the Library shall, in accordance with the provisions of this article and the recommendations of the Board, implement a one-year Voluntary Leave Bank Pilot Program.

Section 4. During the Pilot Program, the responsibilities of the Leave Bank Board shall be to:

1. establish its internal decision-making procedures and prepare needed forms;
   
   
2. review and approve or disapprove each application to become a leave contributor and a leave recipient under the provisions of this article;
   
   
3. monitor the status of each leave recipient's medical emergency with the advice of the Health Services Office;
   
   
4. monitor the amount of leave in the leave bank and the number of applications to become a leave recipient;
   
   
5. maintain an adequate amount of annual leave in the leave bank to the greatest extent practicable in accordance with Section 6 below;
   
   
6. perform other functions prescribed in this article.

Section 5. The Guild shall be provided with copies of all written policies and procedures as developed by the Library for establishing and administering the pilot.

Section 6. Application to Become a Leave Contributor and Leave Bank Member

1. An employee will make a written application to the Board to become a leave contributor. The application shall specify the number of hours of annual leave to be contributed and any other information the Board may reasonably require.
   
   
2. A leave contributor shall become a leave bank member for a particular leave year if he or she submits an application meeting the requirements of this section during an enrollment period established by the Board under Sections 6C of this article (or where applicable, during an individual enrollment period as provided for in Section 6D).
   
   
3. The Board shall establish at least one enrollment period for each leave year of leave bank operation. An enrollment period shall last at least thirty (30) calendar days. No less than one month before the beginning of each enrollment period, the Library shall take appropriate action to inform employees of each enrollment period.
   
   
4. An employee entering the Library or returning from an extended absence outside an enrollment period may become a leave bank member for the leave year by submitting an application meeting the requirements of this section during an individual enrollment period lasting at least thirty (30) calendar days beginning on the date the employee entered or returned to the Library.
   
   
5. Except as provided for in Section 6F below, the minimum contribution required to become a leave bank member for a leave year: (1) shall be four (4) hours of annual leave for an employee who has less than three years of service at the time he or she submits an application to contribute annual leave; (2) shall be six (6) hours of annual leave for an employee who has at least three, but less than fifteen years of service at the time he or she submits an application to contribute annual leave; and (3) shall be eight (8) hours of annual leave for an employee who has fifteen (15) or more years of service at the time he or she submits an application to contribute annual leave.
   
   
6. The Board may: (1) decrease the minimum contribution required by Section 6E for the following leave year whenever it determines that there is a surplus of leave in the bank; (2) increase the minimum contribution required by Section 6E of this article for the following leave year whenever it determines that such action is necessary to maintain an adequate balance of annual leave in the leave bank.
   
   
7. If a leave recipient does not have sufficient available accrued annual leave to his or her credit to make the full minimum contribution required by this section, he or she shall be deemed to have made the minimum contribution.
   
   
8. The Board shall deposit all contributions of annual leave under this provision in the leave bank.
   
   
9. A leave bank member may apply to contribute additional annual leave at any time. An employee who is not a leave bank member may apply to become a leave contributor at any time.

Section 7. Limitations on Contribution of Annual Leave

1. In any one leave year, a leave contributor may contribute no more than a total of one-half of the amount of annual leave he or she would be entitled to accrue during the leave year in which the contribution is made.
   
   
2. In the case of a leave contributor who is projected to have annual leave in excess of 240 hours, except as otherwise provided for by 5 USC 6304(a), that would be subject to forfeiture at the end of the leave year, the maximum amount of annual leave that may be contributed during the leave year shall be the lesser of: (1) one-half of the amount of annual leave he or she would be entitled to accrue during the leave year in which the contribution is made; or (2) the number of hours remaining in the leave year (as of the date of the contribution) for which the leave contributor is scheduled to work and receive pay.
   
   
3. The Library shall establish written criteria permitting the Board to waive the limitations on contributing annual leave under Sections 7A and 7B of this provision. Any such waiver shall be documented in writing.

Section 8. Application to Become a Leave Recipient

1. A leave bank member will make written application to the Board to become a leave recipient. If a leave bank member is not capable of making application on his or her own behalf, a personal representative may make written application on his or her behalf.
   
   
2. The Board may require leave bank members to submit applications under this provision within a prescribed period of time following the termination of a medical emergency.
   
   
3. An application by a leave bank member to become a leave recipient shall be accompanied by the following information concerning the potential leave recipient: (1) the leave bank member's name, position title, and grade or pay level; (2) the reasons leave is needed, including a brief description of the nature, severity, anticipated duration, and if it is a recurring one, the approximate frequency of the medical emergency affecting the leave bank member; (3) certification from one or more physicians, or other appropriate experts, with respect to the medical emergency, if the Board so requires; and (4) any additional information that may be required by the Board.
   
   
4. If the Board requires a leave bank member to submit certification from two or more sources under this provision, the Library shall ensure, either by direct payment to the expert involved or by reimbursement, that the leave bank member is not required to pay for the expenses associated with obtaining certification from more than one source.
   
   
5. Pursuant to Article 12 (Personnel Records), Article 30 (Health Services), and Article 31 (Employee Assistance Program) of this Agreement, all applications to the Board shall be treated as confidential.

Section 9. Approval of Application to Become a Leave Recipient

1. The Board shall review an employee's application to become a leave recipient for the purpose of determining whether the employee is a leave bank member who is or has been affected by a medical emergency.
   
   
2. Before approving an application to become a leave recipient, the Board shall determine that the absence from duty without available paid leave because of the medical emergency is (or is expected to be) at least twenty-four (24) hours (or, in the case of a part-time employee or an employee with an uncommon tour of duty, at least thirty (30) percent of the average number of hours in the employee's biweekly scheduled tour of duty).
   
   
3. In making a determination as to whether a medical emergency is likely to result in a substantial loss of income, the Board shall not consider factors other than whether the absence from duty without available paid leave is (or is expected to be) at least twenty-four (24) hours (or, in the case of a part-time employee or an employee with an uncommon tour of duty, at least thirty (30) percent of the average number of hours in the employee's biweekly scheduled tour of duty).
   
   
4. The Board shall provide timely written notification to the applicant of the action taken on the application. If the Board disapproves the application, notification shall include the reasons for disapproval. For the duration of the pilot, neither the Board's decision whether to accept an application to receive leave from the Bank, nor the amount of leave granted shall be grievable. During the pilot, applicants may seek reconsideration, once, in writing, by the Board with or without submission of additional information or arguments. The Board will institute procedures for reconsideration and applicants who are denied leave in part or whole will be advised of the procedure.
   
   
5. The Board may establish written policies limiting the amount of annual leave that may be granted to a leave recipient.

Section 10. Accrual of Annual and Sick Leave

1. Except as otherwise provided in this provision, while an employee is in a shared leave status, annual and sick leave shall accrue to the credit of the employee at the same rate as if the employee were then in a paid leave status under Article 24 (Leave) of this Agreement, and applicable LCRs, except that: (1) the maximum amount of annual or sick leave that may be accrued by a leave recipient while in a shared leave status in connection with any particular medical emergency may not exceed forty (40) hours, or (2) in the case of a part-time employee or an employee with an uncommon tour of duty, the number of hours in the employee's weekly scheduled tour of duty.
   
   
2. Any annual or sick leave accrued by an employee under the Voluntary Leave Bank Pilot Program shall be credited to a separate annual or sick leave account, as appropriate and shall not become available for use by the employee until it is transferred to the appropriate leave account of the employee.
   
   
3. Such leave shall become available for use: (1) as of the beginning of the first pay period beginning on or after the date on which the employee's medical emergency terminates pursuant to the provisions of this article; or (2) if the employee's medical emergency has not yet terminated, once the employee has exhausted all leave made available to such employee under the provisions of this article.
   
   
4. If at the beginning of the employee's leave year, the Library advances the employee the amount of leave he or she would normally accrue during the entire leave year: (1) the Library shall establish procedures to ensure that forty (40) hours, or, in the case of a part-time employee or an employee with an uncommon tour of duty, the average number of hours in the employee's weekly scheduled tour of duty, of annual leave are placed in a separate annual leave account and made available for use by the employee; and (2) the employee shall continue to accrue annual leave while using annual leave withdrawn from a leave bank to the extent necessary for the purpose of reducing an indebtedness caused by the use of annual leave advanced at the beginning of the leave year.
   
   
5. If the leave recipient's medical emergency terminates as described in Section 12 of this article, no leave shall be credited to the employee under this section.

Section 11. Use of Annual Leave Withdrawn from a Leave Bank

1. A leave recipient may use annual leave withdrawn from a leave bank only for the purpose of medical emergency for which the leave recipient was approved.
   
   
2. Except as provided for in Section 10 above, during each biweekly pay period that a leave recipient is affected by a medical emergency, he or she shall use any accrued annual leave (and sick leave, if applicable) before using annual leave withdrawn from a leave bank.
   
   
3. The approval and use of annual leave withdrawn from a leave bank shall be subject to the provisions of Article 24 (Leave) of this Agreement, and applicable LCRs, except that annual leave withdrawn from a leave bank may accumulate without regard to the maximum accumulation imposed by 5 USC 6304(a).
   
   
4. Annual leave withdrawn from the leave bank may be substituted retroactively for any period of leave without pay or used to liquidate an indebtedness for any period of advanced leave that began on or after the date fixed by the Board as the beginning of the medical emergency.
   
   
5. Annual leave withdrawn from a leave bank may not be: (1) included in a lump-sum payment; or (2) made available for re-credit under 5 USC 6306 upon re-employment by a Federal agency.

Section 12. Termination of Medical Emergency

1. The medical emergency affecting a leave recipient shall terminate: (1) when the leave recipient's Federal service terminates; (2) when the leave recipient leaves the Library, if the Board so determines; (3) at the end of the biweekly pay period in which the Board receives written notice from the leave recipient or from his or her personal representative that the leave recipient is no longer affected by a medical emergency; (4) at the end of the biweekly pay period in which the Board determines that the leave recipient is no longer affected by a medical emergency; or (5) at the end of the biweekly pay period in which the agency receives notice that the Office of Personnel Management has approved an application for disability retirement for the leave recipient under the Civil Service Retirement System or the Federal Employees Retirement System. For the duration of the pilot, the Board's decision that a recipient's medical emergency has terminated shall not be grievable. During the pilot, applicants may seek reconsideration, once, in writing by the Board with or without submission of additional information or arguments. The Board will institute procedures for reconsideration and applicants who are denied leave in part or whole will be advised of the procedure.
   
   
2. The Board shall ensure that annual leave withdrawn from the leave bank and not used before the termination of a leave recipient's medical emergency shall be returned to the leave bank.
   
   
3. The Board may deem a medical emergency to continue for the purpose of providing a leave recipient an adequate period of time within which to receive contributions of annual leave.
   
   
4. If a leave recipient elects to buy back annual leave as a result of a claim for an employment related injury approved by the Office of Workers' Compensation Programs under 20 CFR 10.202 and 10.310, the amount of annual leave withdrawn from the leave bank that is bought back by the leave recipient shall be restored to the leave bank.

Section 13. Prohibition of Coercion

1. An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right such employee may have with respect to contributing, withdrawing, or using annual leave under this article.
   
   
2. For the purpose of this article, "intimidate, threaten, or coerce" includes promising to confer, or conferring, any benefit (such as an appointment or promotion or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).

Section 14. Records and Reports

1. The Library shall maintain records concerning the administration of the Voluntary Leave Bank Pilot Program that the Board will have determined useful in the evaluation of the pilot.
   
   
2. The Library shall maintain the following information for the Pilot: (1) the number of leave bank members for each leave year; (2) the number of applications approved for medical emergencies affecting the employee and the number of applications approved for medical emergencies affecting an employee's family member; (3) the number of reconsiderations requested by employees; (4) the grade or pay level of each leave contributor and the total amount of annual leave he or she contributed to the bank; and (5) the grade or pay level and gender of each leave recipient and the total amount of annual leave he or she actually used.
   
   
3. Such records shall be kept confidential in accordance with Article 12 (Personnel Records), Article 30 (Health Services), and Article 31 (Employee Assistance Program) of this Agreement.
   
   
4. Pursuant to 5 USC 7114, copies of such records as are stipulated in Section 14B of this article shall be supplied to the Guild when requested.

Section 15. Participation in Voluntary Leave Transfer and Leave Bank Programs

1. An employee may participate in both the Voluntary Leave Bank Pilot Program and the Voluntary Leave Transfer Program.
   
   
2. Except as provided for below, any annual leave previously transferred to an employee under the Voluntary Leave Transfer Program shall remain to the credit of the employee who later becomes a leave recipient in the Voluntary Leave Bank Pilot Program.
   
   
3. The Library, in consultation with the Board, shall establish policies or procedures governing the use of donated or transferred leave for any leave recipient who receives leave under both the Voluntary Leave Transfer Program and the Voluntary Leave Bank Pilot Program for the same medical emergency.
   
   
4. Upon termination of a leave recipient's medical emergency, any annual leave previously transferred under the Voluntary Leave Transfer Program and remaining to the credit of a leave recipient shall be restored under the provisions of that program.

Section 16.

1. In the event that the Voluntary Leave Bank Pilot Program is expanded to cover employees outside of the Guild's bargaining unit, the provisions of this article may be reopened by mutual consent of the Parties.
   
   
2. The Board shall evaluate the effectiveness of the pilot and make recommendations concerning its implementation as a program no less than thirty (30) days before the conclusion of the pilot. The final evaluation will be
   completed within sixty (60) days of conclusion of the pilot. Should the Library determine that a permanent Voluntary Leave Bank Program be implemented, it will meet, discuss and bargain with the Guild pursuant to Article 8 (Midterm Bargaining) of this Agreement.

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