LOCAL 1998

National Federation of Federal Employees

International Association of Machinists & Aerospace Workers, AFL-CIO

UNION REP A

Union Steward – PPT/CT

IAMAW NFFE FD1 FL1998

Phone # (203) xxx-xxxx

Informal Grievance

November 28, 2005

To:MANAGER A, Assistant Regional Director – Connecticut Passport Agency

cc:UNION REP B, Senior Steward – NFFE Local 1998

Colin Walle, President – NFFE Local 1998

Jim Davis, Business Representative – National Federation of Federal Employees

RE: Sick Leave

In accordance with Article 20, Section 6 of the Agreement Between Passport Services and the National Federation of Federal Employees – Local 1998 (hereafter referred to as “the Agreement”), I am filing this Informal Grievance on behalf of the bargaining unit members of the Connecticut Passport Agency. This grievance concerns the use of sick leave and procedures for obtaining sick leave.

We are alleging that Management has violated the Agreement and the law by requesting and restricting the use of sick leave during the holiday season and asking for a doctor’s note when an employee is absent for sick leave any day.

Background

November 17, 2005: The Adjudication Manager met with the Passport Specialists at the Adjudication Section to tell us about the use of annual and sick leave during Thanksgiving week and Christmas week. She told the employees that leave was approved to only two Passport Specialist at a time and that if employees were sick on the Friday after Thanksgiving or during Christmas week, they will need to submit a doctor’s note even if it is half a day or a day.

Relevant Portions of the Agreement

Article 31, Section 2a: Sick leave shall be granted to employees for any of the following reasons:

(1) When the employee is incapacitated for the performance of duty by physical or mental illness, injury, pregnancy, or childbirth ….

Article 31, Section 2d: Employees shall not be required to furnish a medical certificate to substantiate requests for approval of sick leave unless:

- an absence exceeds three (3) work days; or

- the employee has been placed on leave restriction; or

- when the employee has established an unusual and questionable pattern of sick leave usage, or where there is reasonable doubt as to the validity of the claim to such leave. Failure of the employee to submit an acceptable medical certificate or to provide an acceptable reason for the lack of one may result in the absence being charged to AWOL and appropriate disciplinary action initiated.

Article 31, Section 2e: Sick leave in excess of three (3) workdays must be supported by medical certificate, a statement from the employee acceptable to the supervisor, or other evidence acceptable to the supervisor.

Union’s Argument

An employee who is sick or has a member of his/her family who is sick (in accordance with the Family Leave Act – see Article 31, Section 3) needs to use sick leave. This is a not premeditated request. According to Article 31, Section 2d , “An employee shall not be required a medical certificate to substantiate request for approval of sick leave…” The policy announced on November 17th violates the Agreement. The policy treats all PPT/CT employees as if they are on sick leave restriction (Article 31, Section 11), though this is not the case. If individual employees merit being placed on sick leave restriction, that should be addressed on a case-by-case basis in accordance with applicable procedures as outlined in the Agreement and in past practice, rather than issuing a blanket policy affecting all employees.

Requested Relief

I respectfully request that Management agree to abide by the Agreement and the law, and therefore rescind the restrictive leave policy announced on November 17th.

Sincerely,

UNION REP A

Union Steward