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D. Substitution of Paid Leave
1. The employee may elect to substitute annual leave, sick leave, compensatory time off, or credit hours for unpaid family or medical leave for any part of the applicable period consistent with governing laws and regulations. An employee may not retroactively substitute paid time off for unpaid family and medical leave.
2. An employee may request to use leave on an intermittent basis or under a reduced leave schedule. If the requested leave is for the serious health condition of the employee or the employee's family member, the leave may be taken intermittently if medically necessary. If the requested leave is related to the birth of a son or daughter or the placement of a son or daughter with the employee for adoption or foster care, the leave may be taken on an intermittent basis if the employee and the supervisor agree. The employee must consult with the supervisor and make a reasonable effort to schedule intermittent LWOP and/or paid leave so as not to cause disruptions to the operations of the administration. Leave may be taken in increments of as little as 15 minutes.
3. It is understood that employees who have requested and been granted leave under the Family and Medical Leave Act (FMLA) have the option of making application under the Leave Transfer Program.
E. Notice of Leave
1. Requests for use of family and medical leave may be made: in writing, in person, by telephone, FAX, telegraph, or other electronic means. In emergency situations, other family members may provide this notice. If a request is not made on an SF-71, employees will complete the SF-71 as soon as practicable indicating whether the leave is FMLA Family Leave or FMLA Medical Leave.
2. When the need for unpaid family and medical leave is foreseeable, the employee shall provide 30 days notice of intent to take leave. Otherwise, the employee shall provide such notice as soon as it is practicable to do so.
3. For requests for leave under the FMLA, for any serious health condition, the supervisor may require the employee to submit initial medical certification containing the following information:
a. The certification will state the appropriate medical facts within the knowledge of the health care provider related to the serious health condition, including a general statement as to the incapacitation, examination or treatment that may be required and should state the date the condition began and the probable duration of the condition. In cases where the nature of the serious health condition is very sensitive, the employee may submit the above-requested documentation to SSA's Medical Officer for evaluation.
b. If the requested leave is for the purpose of caring for a family member having a serious health condition, the supervisor may require annual certification that the family member required psychological comfort and/or physical care, needs assistance for basic medical, hygienic, nutritional, safety or transportation needs or in arranging to meet such needs; and would benefit from the SSA employee's care or presence.
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