MEMORANDUM OF UNDERSTANDING (5/4/94)
The following constitutes an agreement between the Social Security Administration (hereinafter referred to as the Administration) and the American Federation of Government Employees, AFL-CIO ( hereinafter known as the Union), pursuant to 5 USC Chapter 71, the parties' Master Labor Agreement and Executive Order 12871.
A. Under the AFGE/SSA Family and Medical Leave Program (FMLP), a bargaining unit employee, including seasonal employees in the Data Operations Centers, is entitled to a total of twelve (12) administrative workweeks without pay (LWOP) during any 12-month period for one or more of the following reasons:
1. The birth of a son or daughter of the employee and the care of such son or daughter (loco parentis).
2. The placement of a son or daughter with the employee for adoption or foster care (loco parentis).
3. The care of a spouse, son, daughter or parent with a serious health condition (as defined by the Act and the Code of Federal Regulations). Leave related to the serious health condition of significant others, grandparents, grandchildren and others may be requested under normal leave procedures, as governed by law, regulations and the National Agreement.
4. A serious health condition of the employee that makes the employee unable to perform the essential functions of his or her position.
For any of the reasons listed above, the LWOP may be extended and not unreasonably denied, taking into consideration the needs of the employee and the operational needs of the office.
B. The term "serious health condition" (as defined by the Act and the Code of Federal Regulations), includes but is not limited to:
1. Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential care facility.
2. Any period of incapacity requiring absence from work, school, or other regular daily activities of more than three (3) calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider.
3. Continuing treatment by (or under the supervision of ) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) calendar days, e.g. medical treatment of substance abuse, including alcohol or prenatal care.
C. If the employee has documented a serious health condition as defined in Section B above, leave under the Act may be appropriate if the employee is needed to provide psychological comfort and/or physical care, assistance for basic medical, hygienic, nutritional, safety or transportation needs or in arranging for a third party to meet such needs for a family member.