By: Jessica Fields; Steward, AFGE 1658
New Year’s is a perfect time to talk about your leave, particularly Leave Without Pay (LWOP). Too often, employees are subjected to adverse or disciplinary action because they are out of leave. This article will help clarify the contractual provisions regarding LWOP, as well as the Command’s position on LWOP and what you can do to protect yourself and your career.
The contractual provisions for LWOP are extremely limited. Article 20, Section D of the Negotiated Labor-Management Agreement (NLMA) covers LWOP and outlines the three situations in which LWOP will be approved: Disabled veterans undergoing medical treatment for a service-related disability; Reserve or National Guard members called for military duty; and Bargaining Unit (BU) employees requesting LWOP under the Family Medical Leave Act (FMLA).
The Command takes a hard line regarding LWOP. Historically, if an employee has exhausted all paid leave, as well as their legally-protected 12-week FMLA entitlement, supervisors are encouraged to charge their employees Absent With-out Leave (AWOL) and discipline them accordingly, up to and including removal from Federal service. Obviously, not all management is created equal, and the Union has worked with several fair and reasonable supervisors who respectfully and compassionately assist their employees through difficult times and low leave balances. However, you should be aware that those individuals are the exception and not the rule.
If a medical condition (including that of a family member) is draining your paid leave, please ask the Union about FMLA, Reasonable Accommodation, the Voluntary Leave Transfer Program (VLTP), etc. These programs exist to protect your employment. You must remember that the Command – EEO, HR, the Disability Program Manager (DPM), your management team – is not your advocate. You are your best advocate. At the beginning of this New Year, please take a few moments to assess your paid leave balances. If they are low, please take proactive steps to increase your leave balances or invoke your entitlements. If your paid leave balances are high, please consider supporting your Brothers and Sisters through the VLTP.
