c. If the requested leave is needed due to the employee's personal serious health condition, the supervisor may require annual certification that the employee is unable to perform the essential functions of his or her position.

d. If the requested leave is to be used on an intermittent leave or reduced leave schedule to provide for treatment of a serious health condition, a supervisor may require periodic certification from the health care provider as to the dates on which medical treatment is expected to be given and the duration.

e. In addition to certification from the health care provider, if a request for leave is based on the need to provide care to an employee's family member having a serious health condition, a supervisor may require annually the employee to cite the kind of care to be provided to the family member and to provide an estimate of the amount of time to be needed to care for the family member.

F. Upon request, an employee eligible under FMLA who has an ongoing need for leave under the Act, may request to be considered for work at home under SSA's existing Work-at-Home policy. The parties agree that the Work-at-Home policy can be a mutually attractive and acceptable alternative to the use of LWOP, but cannot be required in place of LWOP.

G. Employees taking leave under the FMLA who require special accommodations related to officia travel will be accommodated in accordance with the National Agreement, applicable laws, rules and regulations.

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                                  Memorandum of Understanding side bar

This side bar is part of the Memorandum of Understanding regarding the implementation of the Family and Medical Leave Act (FMLA).

The Union and Agency recognize that there could be cases where, due to administrative error or oversight, some employees may be unaware of their right to use paid leave under FMLA.

Therefore, in individual cases where, at the time leave under the FMLA is approved, an employee has not been informed about his or her eligibility to substitute paid leave for leave without pay (LWOP) under the FMLA, the employee may retroactively substitute for that LWOP, any annual or sick leave accrued at the time the leave is used, consistent with governing laws, regulations and the National Agreement.