ARTICLE 17: ATTENDANCE MANAGEMENT PROCESS

Official CBA pages 57-73

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ARTICLE 17: ATTENDANCE MANAGEMENT PROCESS

A. PURPOSE: This Article sets forth the attendance management process for bargaining unit

employees. The Parties recognize:

1. Bargaining unit employees are expected to report to work on time and to be on duty at all

times during their tour of duty except during meal breaks and when on approved leave; and

2. Leave is provided to allow bargaining unit employees an annual vacation period of

extended absence for rest and recreation and to provide periods of time off for personal,

emergency, and medical purposes; therefore,

3. In addition to this Article, TSA MD 1100.63-1, Absence and Leave, and associated

Handbook, contain the leave policy and system for accruing and using leave in accordance

with applicable law. In the event of a conflict, the provisions of this Article shall govern.

B. LEAVE PROCEDURES - GENERAL:

1. Leave requests (also referred to in this Article as “requests for leave”) will be submitted to

the designated management official using the TSA electronic system (if available). If the

TSA electronic system is not available, then leave requests will be submitted using the TSA

approved electronic version of OPM Form 71, Request for Leave or Approved Absence. In

the event the electronic system and electronic version of OPM Form 71 are both

unavailable, the paper copy of OPM Form 71 will be used. Local offices are not authorized

to modify OPM Form 71.

NOTE: For the purposes of this subsection, the TSA electronic system is considered “not

available” when: (1) the TSA electronic system is out-of-service or not operational due to

circumstances outside of the bargaining unit employee’s control; (2) the TSA electronic

system has not been deployed at that airport; or (3) the bargaining unit employee is off-

duty and not on TSA-premises at the time the leave request is being submitted.

a. The bargaining unit employee’s leave request will include the day(s), type of leave

requested, and number of hours. If the request is for less than a full day, it will include

the specific hours (from-to).

b. If a bargaining unit employee reports for duty for a portion of a day for which they had

pre-approved leave, they will resubmit a leave request accurately reflecting the amount

of leave the employee will actually take on that day for Time and Attendance purposes.

This is an attendance management process to ensure an accurate accounting of the leave

actually taken and does not constitute a new request for leave. Rather, it is an

amendment of previously approved leave for that date.

2. Bargaining unit employees will not be denied accrued leave based solely on their leave

balance. Leave will be denied only for appropriate reasons and not as a form of discipline.

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3. Generally, bargaining unit employees must notify management at least sixty (60) minutes

prior to the start of the bargaining unit employee’s scheduled shift to request unanticipated

leave. If the bargaining unit employee’s need for unanticipated leave is based on a last-

minute change in circumstances (e.g., car failure on the way to work or waking up sick

prior to their shift) or if the bargaining unit employee is presented with circumstances that

would reasonably preclude them from contacting management, notification must be made

as soon as possible. Upon return to duty, the bargaining unit employee will submit a

completed leave request and documentation that might be required to substantiate the

absence.

4. The minimum charge for leave categories is fifteen (15) minute increments, except military

leave is charged in one (1) hour increments.

5. [Blank] The Parties did not reach agreement on this provision.

6. Management may meet with the bargaining unit employee at any time to review and/or

discuss their attendance record. Bargaining unit employees may participate in this

discussion. The bargaining unit employee will be given the opportunity to advise

management of any reasons or extenuating circumstances concerning any attendance

issues. Management and the bargaining unit employee are encouraged to discuss strategies

for improving the bargaining unit employee’s attendance during this discussion. The

discussion may include possible change of hours or shifts which may address the

attendance issues. When indicated, management will advise the bargaining unit employee

of their rights under the Family and Medical Leave Act (FMLA).

C. TYPES OF LEAVE:

1. ANNUAL LEAVE:

a. The use of accrued annual leave is the right of the bargaining unit employee, subject to

the right of management to approve the time at which leave may be taken.

b. Bargaining unit employees will timely receive a copy of both approved and denied

requests for annual leave.

c. Bargaining unit employees may use annual leave in lieu of sick leave subject to the

rules governing the use of sick leave.

d. Leave requested in accordance with this Article will be approved absent a legitimate

operational need.

e. Advancing Annual Leave:

i. Full-time and part-time bargaining unit employees may be advanced no more than

the amount of annual leave that would be accrued in the remainder of the leave

year. However, advanced annual leave may not be granted to any bargaining unit

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employee if there is a likelihood that the bargaining unit employee will retire, be

separated, or resign from TSA before the date the bargaining unit employee will

have earned the leave. The advancement of annual leave is not an entitlement.

ii. Upon separation from TSA (e.g., retirement, resignation, or removal), bargaining

unit employees must repay the balance of any remaining advanced annual leave. A

bargaining unit employee may submit a written waiver request for the unpaid

balance.

f. Restoration of Annual Leave:

i. Leave requested and approved before the start of the third biweekly pay period prior

to the end of the leave year is eligible for restoration.

ii. If scheduled and approved annual leave is forfeited, it can be restored for bargaining

unit employee use if it meets one of the criteria set below:

a) Exigencies of the public business: Annual leave that was scheduled and

approved but canceled as a result of an operational exigency is eligible for

restoration. In order for management to cancel leave based on an operational

exigency, they must show that there was no reasonable alternative to canceling

the leave and that another bargaining unit employee could not perform the work.

Management must also advise the affected bargaining unit employee in writing

of the operational exigency that necessitates the cancellation of leave.

b) Sickness: Absent unusual circumstances, annual leave scheduled during the last

quarter of the leave year that could not be used because of a bargaining unit

employee’s illness or injury would be approved for restoration.

c) Administrative Error: Annual leave forfeited because of administrative error

(failure to change a leave accrual rate, incorrect service computation date, etc.)

will be restored in cases where the error was made by a TSA representative.

g. Requesting Restoration of Annual Leave: Bargaining unit employees who forfeit

annual leave because of exigencies of the public business (e.g., military duty, natural

disasters, furlough, pandemics), sickness, or administrative error may request to have

the leave restored following the end of the affected leave year. Leave must be forfeited

before a request for restoration can be submitted. Bargaining unit employees must

complete TSA Form 1185, Annual Leave Restoration Request when requesting

restoration of annual leave.

h. Using Restored Annual Leave: Restored annual leave is maintained in a separate leave

account and does not change the bargaining unit employee’s annual leave ceiling (e.g.,

240 maximum). However, restored annual leave must be scheduled and used by the

end of the leave year ending two (2) years after the leave year in which the leave was

restored.

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i. Bargaining unit employees whose request for restored annual leave has been approved

will have the leave timely restored following the end of the leave year.

2. SICK LEAVE:

a. Sick leave is a benefit that may be used by the bargaining unit employee for any of the

following reasons:

i. medical, dental, or optical examination or treatment;

ii. incapacitation (the inability to perform one’s duties) due to physical or mental

illness, injury, pregnancy, or childbirth;

iii. to prevent exposure of a communicable disease to other employees and/or the

general public;

iv. to participate in activities related to the adoption of a child; and

v. for medical-related family care and bereavement purposes.

b. In the event of an unanticipated absence, bargaining unit employees will call the

designated telephone number for call-outs at their airport.

i. A bargaining unit employee who expects to be absent more than one (1) day will

inform management or designee of the expected date of the return to duty.

ii. In the case of extended illness, for which the bargaining unit employee has provided

medical documentation or management has confirmed the bargaining unit

employee’s incapacitation, daily reports will not be required.

iii. The bargaining unit employee will submit, on the first day back to duty, their leave

request for the length of the absence.

c. [Blank] The Parties did not reach agreement on this provision.

d. Safeguarding Medical Documentation:

i. Medical documentation relating to a bargaining unit employee or a bargaining unit

employee’s family member must not be attached to the bargaining unit employee’s

time and attendance records, including OPM Form 71, Request for Leave or

Approved Absence, or TSA approved electronic version, and must not be included

in the bargaining unit employee’s Official Personnel Folder (OPF), eOPF, or locally

maintained bargaining unit employee files, and will be maintained in a separate file.

ii. Medical documentation shall be protected and secured at all times and not left out

for access/viewing by unauthorized individuals. Such documentation is

confidential information, covered by the Privacy Act, and must be stored in a locked

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cabinet. Retention and access to such information shall be in accordance with TSA

MD 1100.63-1, Absence and Leave, and associated Handbook.

iii. Access to the medical documentation will be restricted to management officials, on

a bona fide "need to know" basis.

iv. Individuals performing timekeeping functions do not have a need to know the

medical reason a bargaining unit employee has requested sick leave, leave without

pay (LWOP), other paid leave, or leave under FMLA. Information concerning a

bargaining unit employee’s or a bargaining unit employee’s family member’s

health condition should not be kept with the payroll records or recorded in the

payroll system.

e. Approving Sick Leave Requests:

i. Leave approving officials shall not deny a bargaining unit employee’s use of

accrued sick leave for which administratively acceptable documentation has been

provided unless there is specific knowledge of that bargaining unit employee’s

abuse of sick leave.

ii. Unless the bargaining unit employee is on sick leave restriction or management has

specific knowledge of the bargaining unit employee’s abuse of sick leave,

administratively acceptable documentation for the approval of sick leave (or other

personal leave in-lieu of sick leave) will take one of the following three forms: self-

certification, medical certification, or medical documentation.

a) Self-Certification: Documentation of Sick Leave Absences of Three (3)

Consecutive Work Days (e.g., not including regular days off (RDOs), shift

trades off) or Less: A bargaining unit employee’s completed leave request will be

used as self-certification for sick leave absences of three (3) consecutive work days

(e.g., not including RDOs, shift trades off) or less, unless the bargaining unit

employee is on sick leave restriction or management has specific knowledge of

bargaining unit employee misuse or abuse of leave.

b) Medical Certification:

i) Documentation for Sick Leave Absences of More than Three (3) Consecutive

Work Days (e.g., not including RDOs, shift trades off): For sick leave

absences of more than three (3) days resulting from a bargaining unit

employee’s incapacitation, management may require a bargaining unit

employee to submit a health care provider’s certification that includes the

duration of the bargaining unit employee’s absence, clearly states that the

bargaining unit employee was incapacitated for duty (unable to perform their

duties due to the medical condition), and is signed and dated by the physician

or authorized health care provider.

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ii) On a case-by-case basis, management may consider and accept the bargaining

unit employee’s written statement explaining the absence and self-certification

as acceptable documentation of sick leave absences of more than three (3)

consecutive work days (e.g., not including RDOs, shift trades off).

iii) When a medical certification is required as a result of a bargaining unit

employee’s incapacitation, it shall apply only to the current medical condition

for which the bargaining unit employee is seeking leave.

iv) Without the bargaining unit employee’s written authorization, management

may not contact the bargaining unit employee’s physician or healthcare

provider to obtain medical information.

v) Management may contact the bargaining unit employee’s physician or

healthcare provider to determine the authenticity of the documentation

provided by the bargaining unit employee.

c) Medical Documentation:

i) Bargaining unit employees on sick leave for thirty (30) calendar days or more

as a result of their incapacitation are required to submit detailed medical

documentation from the health care provider to substantiate the absence. The

bargaining unit employee may be required to subsequently submit

documentation every thirty (30) calendar days that identifies the bargaining

unit employee’s progress and expected return to work date.

ii) When detailed medical documentation is required as a result of a bargaining

unit employee’s incapacitation, it shall apply only to the current medical

condition for which the bargaining unit employee is seeking leave. The detailed

medical documentation, at a minimum, should provide the following:

(a) Date the medical condition began;

(b) Clearly state that the bargaining unit employee is/was incapacitated for

duty (unable to perform their duties due to the medical condition).

(c) Provide information on how the condition affects the bargaining unit

employee’s ability to perform the duties of the position;

(d) Identify the expected duration of the bargaining unit employee’s absence;

and

(e) Have the date and signature (e.g., written, electronic, stamped) of the

bargaining unit employee’s personal physician or authorized health care

provider.

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iii) When administratively acceptable documentation is required, it should be

submitted no later than fifteen (15) calendar days after the date requested

by management. If despite the bargaining unit employee’s diligent, good

faith efforts they are unable to provide the requested documentation, the

documentation can be provided within a reasonable period of time.

Generally, the documentation should be submitted no later than thirty (30)

calendar days after the date requested.

f. Sick Leave Restriction:

i. The following may be indicators of a pattern of sick leave usage that may require a

discussion between the bargaining unit employee and management when, over the

previous six (6) months, there is repeated and frequent sick leave use for:

a) Absences when annual leave is denied; or

b) Absences on the days before or after a holiday; or

c) Absences on the days before or after a bargaining unit employee’s RDO; or

d) Absences following overtime worked; or

e) Repeated absences on any one specific day.

ii. In individual cases, if there is evidence that a bargaining unit employee’s leave

pattern may indicate that an abuse of sick leave exists, management will meet with

the bargaining unit employee to review the bargaining unit employee’s attendance

record. The bargaining unit employee will have the opportunity to advise

management of any reasons and any extenuating circumstances that should be

considered with regard to their sick leave usage. Management and the bargaining

unit employee are encouraged to discuss strategies for improving the bargaining

unit employee’s attendance during this discussion.

iii. Absences supported by medical documentation as described in this Article may not

be considered as indicators of sick leave abuse.

iv. If the bargaining unit employee’s leave pattern continues, management may place

the bargaining unit employee on sick leave restriction. If sick leave restriction is

imposed, the bargaining unit employee will be advised in writing that detailed

medical documentation (as described in section C.2.e.ii.c)ii)) may be required for

each subsequent absence for which sick leave is requested.

v. Management will review the attendance record of a bargaining unit employee on

leave restriction at least once every three (3) months. If the bargaining unit

employee’s attendance issue(s) no longer exist(s), management will lift the leave

restriction. Management will provide the bargaining unit employee with notice in

writing of whether or not management has lifted the leave restriction. If the

bargaining unit employee does not receive notice in writing that the sick leave

restriction has been extended, the sick leave restriction will expire three (3) months

after the effective date of the issuance. If the bargaining unit employee’s leave

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pattern within three (3) months of when the sick leave restriction is lifted indicates

that an abuse of sick leave still exists, management may reinstitute the sick leave

restriction without first meeting with the bargaining unit employee as would

normally be required under Section C.2.f.ii.

g. Advanced Sick Leave:

i. Sick leave may be advanced to bargaining unit employees who have exhausted all of

their available sick leave. The advancement of sick leave is not a bargaining unit

employee entitlement.

ii. A full-time bargaining unit employee may be granted up to a maximum of thirty (30)

days (240 hours) of advance sick leave for a personal illness, medical appointments,

adoption purposes, or to provide care for a family member. The total amount of sick

leave that may be advanced to a part-time bargaining unit employee is prorated based

on their tour of duty.

iii. A bargaining unit employee may repay advanced sick leave by one of the following :

a) A charge against annual leave, provided this action is not for the purpose of

avoiding a forfeiture of annual leave at the end of the annual leave year;

b) Substituting donated leave, received under the Voluntary Leave Transfer Program

(VLTP), for the advance sick leave;

c) Accrual of sick leave; or

d) A monetary settlement upon separation from Federal service.

h. Substitution of Sick Leave for Annual Leave:

i. If a bargaining unit employee or family member becomes ill within a period of annual

leave, the bargaining unit employee may be granted sick leave for the period of illness.

ii. When substituting sick leave for annual leave, a bargaining unit employee must request

the substitution to sick leave as soon as possible, generally within one pay period, and

must provide administratively acceptable documentation to substantiate the illness in

accordance with C.2.e.ii.(a-c).

3. COMPENSATORY TIME:

a. TSA has three types of compensatory time off that may be earned and used by

bargaining unit employees: compensatory time off in lieu of overtime pay;

compensatory time off for travel; and compensatory time off for religious observances.

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b. Bargaining unit employees may use compensatory time for vacations, rest and

relaxation, family needs, personal business, and for situations generally covered by sick

leave.

c. For religious observances, when deciding whether a bargaining unit employee’s request

for an adjusted work schedule should be approved, management should not make any

judgment about the bargaining unit employee’s religious beliefs or their affiliation with

a religious organization.

d. Accrued compensatory time in lieu of overtime must be used within one year (twenty-

six (26) pay periods) of the date earned/accrued. At the end of the twenty-six (26) pay

period time limit or when the bargaining unit employee separates from TSA, all unused

compensatory time will be processed in accordance with TSA policy.

4. COURT LEAVE:

a. A bargaining unit employee will be authorized absence from duty without loss of pay or

charge to leave for services as a juror or for service in a non-official capacity as a witness

when summoned, and one of the parties is a Federal, State, or local government.

NOTE: A bargaining unit employee summoned or assigned by TSA to testify in an

official capacity on behalf of the United States Government or a local government is

not entitled to receive court leave for service as a witness. The bargaining unit

employee is performing duties as a result of their position, and is therefore in an official

duty status.

b. Even though no compensation is received for serving as a juror or witness in a Federal

court, bargaining unit employees may keep expense money received for mileage, parking,

or required overnight stay. Money received for serving as a juror or witness in state or

local courts is indicated on the pay voucher or check as either “fees for services rendered”

or “expense money.” “Expense money” may be retained by the bargaining unit employee;

“fees for services rendered” must be submitted to the appropriate financial office.

5. EXCUSED ABSENCE:

a. Management may grant an eligible bargaining unit employee an excused absence from

duty without loss of pay and without charge to a bargaining unit employee’s personal

leave accounts as set forth in TSA policy.

b. Excused absence may be granted for the following:

i. To attend TSA job interviews.

ii. Registration and Voting.

iii. Serving as a non-partisan poll worker or non-partisan observer.

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iv. Bargaining unit employees may be granted excused absence to attend the funeral

of a fellow active or retired TSA officer based on operational needs.

v. To attend conventions, conferences, and meetings of professional organizations

when it is determined it will be of benefit to the bargaining unit employee and

TSA. Although the employee may be granted excused absence, TSA is not

obligated to pay (or reimburse the bargaining unit employee) for any cost (e.g.,

conference fees, travel expenses) related to the convention, conference, or meeting

of a professional organization.

vi. Leave for Bone Marrow and Organ Donations.

vii. Blood Donations.

viii. Officially Sponsored Physical Fitness Programs, Fitness Centers, and Health

Units.

ix. Disruptions to Operations

a) Federal Security Directors (FSDs) or designees are delegated authority to

excuse bargaining unit employees from duty for a limited period of time when

brief disruptions to the operations occur such as cancellation of flights due to

adverse weather conditions or mechanical issues.

b) Excused absences may be granted for disruptions to operations resulting from

emergencies.

c. Excused absence will be granted for the following:

i. Bargaining unit employees who are veterans will be excused from duty without loss

of pay or a charge to annual leave for the time necessary, not to exceed four (4)

hours in any one day, to participate as active pallbearers or honor guards in funeral

ceremonies for members of the Armed Forces whose remains are returned from

abroad for final interment in the United States.

ii. Absences Due to Traffic Citations - A bargaining unit employee who has been

issued a citation for a traffic violation while on Government business or

Government property and who is found by authorities to be not guilty or the charges

are dismissed will be given excused absence to cover the time for appearing in

court. This time will include reasonable travel time to court. The bargaining unit

employee must present documentation of the court’s findings to management to be

granted excused leave.

6. ADMINISTRATIVE LEAVE:

a. General Information:

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i. Administrative leave is the placement of a bargaining unit employee in a paid non-

duty status when the bargaining unit employee’s continued presence in the

workplace may pose a threat to the bargaining unit employee or others, result in

loss of or damage to Government property, or otherwise jeopardize legitimate

Government interests.

ii. [Blank] The Parties did not reach agreement on this provision.

iii. Decisions to place a bargaining unit employee on administrative leave for any

length of time pending the outcome of a proposed removal, proposed indefinite

suspension, official investigation, or management inquiry must be supported by

appropriate documentation.

iv. While on a period of administrative leave, the bargaining unit employee’s work

schedule should be adjusted to a conventional schedule occurring Monday through

Friday, 8:00 am to 4:30 pm.

v. During a period of administrative leave, the bargaining unit employee is responsible

for requesting appropriate personal leave when absent due to personal reasons (e.g.,

annual leave when on vacation or attending to personal business and sick leave when

ill or for medical appointments/treatments).

vi. While on a period of administrative leave, bargaining unit employees retain the

responsibility to schedule and use restored leave, projected "use or lose" leave, and

compensatory time off to avoid forfeiture.

7. PARENTAL BEREAVEMENT LEAVE:

a. The Parties understand:

i. An eligible bargaining unit employee is entitled to two workweeks (eighty (80)

hours for a full-time employee and for part-time employees a prorated number of

hours based on the tour of duty on the SF-50, Notification of Personnel Action) of

paid leave available in a single twelve (12) month period because of the death or

stillbirth of a bargaining unit employee’s qualifying son or daughter.

ii. Parental Bereavement Leave is a stand-alone type of paid leave entitlement that is

administered independently from any other type of leave, including sick leave.

b. For additional information, including eligibility requirements and procedures, see TSA

Human Capital Management Policy 630-9, Parental Bereavement Leave.

c. During new bargaining unit employee orientation, bargaining unit employees shall be

advised of Parental Bereavement Leave and related provisions.

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8. WEATHER AND SAFETY LEAVE:

a. The Parties understand that TSA may approve Weather and Safety Leave for an

employee or groups of employees. The Parties understand Weather and Safety Leave

is a type of paid leave granted to employees without loss of pay or charge to an

employee’s personal leave accounts when weather or other safety-related conditions

prevent employees from safely traveling to or safely performing work at an approved

location due to an act of nature, terrorist attack, or other applicable conditions.

b. During new bargaining unit employee orientation, bargaining unit employees shall be

advised of Weather and Safety Leave and related provisions.

9. LEAVE WITHOUT PAY:

a. General Information:

i. Leave without pay (LWOP) is a temporary approved absence from duty in a non-

pay status that may be granted at the bargaining unit employee’s request. LWOP is

charged in fifteen (15) minute increments. In general, a bargaining unit employee

may not be placed on LWOP unless it is at the bargaining unit employee’s request.

ii. As with any form of leave, periods of LWOP are requested in accordance with

Section B.1 of this Article and must be recorded in the bargaining unit employee’s

time and attendance records.

iii. Generally, up to six (6) months of LWOP in a calendar year is creditable service

for determining leave accrual rates, service computation dates, and other benefits,

i.e. Federal Employee Health Benefits coverage, Federal Employee Group Life

Insurance coverage, and retirement.

b. Use of LWOP:

i. LWOP may be approved for personal reasons when a bargaining unit employee

has limited or no available paid leave. Generally, LWOP will not be approved for

bargaining unit employees with more than eighty (80) hours of annual leave

available.

ii. LWOP may be approved for educational purposes when the course of study or

research supports the interest of TSA.

iii. LWOP will be approved for bargaining unit employees awaiting approval of a

disability retirement claim.

iv. A bargaining unit employee receiving compensation from the Office of Workers’

Compensation Programs (OWCP) will be approved for LWOP, including periods

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that exceed six (6) months. All LWOP incurred by a bargaining unit employee

while receiving compensation from OWCP is creditable service.

v. Bargaining unit employees who are absent for military service will be granted

LWOP for all periods of absence for military service regardless of their available

annual leave balance, including periods that exceed six (6) months. All active duty

military service time is creditable service for leave accrual purposes, service

computation, benefits, and other job entitlements. For periods of military service

over thirty (30) days, bargaining unit employees should complete TSA Form 1169,

Employees Entering Extended Military Active Duty Checklist. Completion of this

checklist allows bargaining unit employees to specify their intent regarding leave,

health and life insurance, retirement, and the Thrift Savings Plan.

vi. Disabled veteran bargaining unit employees must be granted paid leave or LWOP

to participate in required medical treatment related to the disability under

Executive Order 5396, dated July 17, 1930. The leave must be requested in

advance and be supported by documentation from a medical authority that the

treatment is required.

vii. Eligible bargaining unit employees are entitled to up to a maximum of twelve (12)

or twenty-six (26) administrative workweeks of LWOP in a twelve (12) month

period under the FMLA for certain personal and family emergencies.

viii. Designated management officials may grant a reasonable period of LWOP

(generally not to exceed five (5) days) for career transition related activities for

bargaining unit employees who have received an involuntary workforce reduction

separation notice. The amount of LWOP granted will be determined on a case-by-

case basis taking into account workload and need to accomplish the mission.

D. ABSENCE WITHOUT LEAVE:

1. General Information:

a. A bargaining unit employee’s time may be charged as absence without leave (AWOL)

when a bargaining unit employee fails to report for duty without approval, has an

unauthorized absence from the workplace during the workday, or does not give proper

notification for an absence.

b. Bargaining unit employees will be informed in writing or by email of any charge(s) of

AWOL prior to the completion of payroll for the pay period within which the AWOL

occurred.

c. [Blank] The Parties did not reach agreement on this provision.

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2. Tardiness:

a. A bargaining unit employee is tardy for their assigned shift when the bargaining unit

employee is not at the designated time clock station or other location designated by

management at the start of their shift.

b. If the conditions or frequency of the tardiness do not warrant approval of leave, the

tardiness may be charged to AWOL if the tardiness is fifteen (15) minutes or greater.

Management may only charge AWOL in increments of fifteen (15) minutes. When

determining whether to approve leave, not charge leave, or charge AWOL,

management will consider the amount of time the bargaining unit employee is tardy,

mitigating circumstances, the frequency or pattern of such occurrences, and/or the

bargaining unit employee’s explanation for their tardiness.

c. Management may excuse occasional or unavoidable periods of tardiness, not in excess of

thirty (30) minutes.

d. Breakdowns and delays involving the shuttle bus or other transportation within or en

route to the airport may be considered as a mitigating factor in the event such

disruptions cause or contribute to a bargaining unit employee reporting late for duty.

E. VOLUNTARY LEAVE TRANSFER PROGRAM:

1. The VLTP allows bargaining unit employees to donate leave in one-hour increments to

approved leave recipients who are absent or will be absent from duty for at least twenty-four

(24) work hours without pay because of a medical emergency or natural disaster that results

in a personal loss. Part-time bargaining unit employees must be absent from duty without pay

for at least thirty (30) percent of the average number of hours in their biweekly tour of duty.

General information about the program should be provided to bargaining unit employees

during the new bargaining unit employee orientation and specific information will be timely

provided when requested.

2. Donated leave, including annual leave, sick leave, and compensatory time, may be substituted

retroactively for periods of LWOP or used to liquidate indebtedness for advance annual leave

or sick leave incurred as a result of the approved medical emergency. The bargaining unit

employee must make a written request to substitute donated leave for periods of LWOP or to

use donated leave to liquidate indebtedness for advance leave.

3. The HR specialist/liaison will submit written notification to the VLTP HR Services provider

when donated leave is used for past periods of LWOP or to liquidate advance leave

indebtedness.

4. The maximum amount of annual leave to be donated is no more than one-half of the annual

leave earned during the current leave year. However, bargaining unit employees who have

use or lose leave may donate up to 100% of use or lose leave.

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5. VLTP Working Group: Within ninety (90) days of the effective date of this CBA, TSA and

AFGE will establish a Working Group to advise on improvements to the VLTP as outlined

below:

a. The Working Group will be made up of at least one (1) management representative and

up to three (3) Union representatives to develop joint recommendations to be

considered for implementation. Subject matter experts, including technical experts,

may also attend.

b. The Working Group will meet virtually for one (1) day, twice per year, with the dates

agreed upon by TSA Director Labor Relations or designee and the AFGE Council 100

President or designee.

c. The Working Group may agree to additional meetings that will be held virtually.

Joint recommendations will be forwarded to the appropriate Assistant Administrator(s)

for implementation. Within sixty (60) calendar days of receiving the joint

recommendation, the appropriate Assistant Administrator(s) will reply to the Working

Group indicating acceptance or denial of the joint recommendation or to request

additional information regarding the joint recommendation. If accepted, the joint

recommendation will be implemented at the appropriate Assistant Administrator’s

direction. If the joint recommendation is denied, management will specify in writing,

at the time denial is communicated, why management will not implement the joint

recommendation and will refer it to the Working Group for further deliberations.

d. Joint recommendations of the Working Group that are approved by the appropriate

Assistant Administrator(s) will be implemented consistent with that approval and may

not be subject to impact and implementation bargaining at the national level.

F. BREAKS:

1. A minimum thirty (30) minute unpaid meal break shall be scheduled for any bargaining

unit employee who works a daily tour of duty of at least eight (8) hours. The Parties

understand it is the responsibility of management to schedule the bargaining unit

employee’s break, taking into consideration any request of the employee. If management

shortens a bargaining unit employee’s meal break, the employee will be afforded a new,

full meal break prior to the end of their shift. Bargaining unit employees may not skip a

meal break in order to reduce the work schedule or to extend the workday to receive

additional compensation. In addition, bargaining unit employees generally are not

authorized to take meal breaks during the first two hours or last two hours of a shift unless

requested by the bargaining unit employee.

2. A meal break may be granted at the bargaining unit employee’s request if the bargaining

unit employee is scheduled to work five (5) or more hours, but less than eight (8) hours.

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3. A meal break is usually not provided if a bargaining unit employee is scheduled to work

fewer than five (5) hours a day or if a bargaining unit employee works a split shift as the

break between shifts can be used for such purposes. However, at the request of the

bargaining unit employee, management has the discretion to grant a meal break.

4. The length of the meal break extends a bargaining unit employee’s workday by an

equivalent amount of time.

5. Extended meal breaks, but no more than one hundred twenty (120) minutes, may be

authorized only for bargaining unit employees working a flexible work schedule (FWS),

and only when the extended workday (i.e., the total number of hours, scheduled tour, and

meal break) can be accommodated effectively within organizational needs.

6. [Blank] The Parties did not reach agreement on this provision.

7. For full-time bargaining unit employees, the meal break the bargaining unit employee

receives as part of the schedule they bid for will not be extended by management without

the bargaining unit employee’s consent.

8. Rest breaks may not be given in the first or last hour of a bargaining unit employee’s shift

unless it is at the request of the bargaining unit employee.

G. HOLIDAYS: The Parties understand that the TSA benefits package includes eleven (11)

Federal holidays (New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s

Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor

Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day) each calendar year.

Note: Because this CBA refers to holidays by the names designated in the law, President’s Day

is listed as Washington’s Birthday and Indigenous Peoples’ Day is listed as Columbus Day.

H. TIME CLOCK STATIONS:

1. The time clock is the designated clock station that the bargaining unit employee must use

to clock in and out at the start and end of their shifts.

2. Management will install a sufficient number of time clocks located in close proximity to

where bargaining unit employees must report for pre-shift briefing. A bargaining unit

employee will be afforded sufficient time to arrive at the time clock coinciding with the

end of their shift.

3. Management generally will inform bargaining unit employees in writing which time clock

station they must use to clock in and clock out (“designated time clock station”).

4. Bargaining unit employees may clock in and/or clock out at time clock stations other than

their designated time clock stations with prior authorization from management. In the event

that the designated time clock station is inoperable or unavailable, and the bargaining unit

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employee is present at the designated time clock station or other designated station at the

start of their shift, they will not be considered tardy.

5. Bargaining unit employees may not engage in any work before or after their scheduled

shifts without prior management approval. Management may not allow bargaining unit

employees to work before or after their scheduled shifts without granting approval for the

additional work time. Bargaining unit employees must be paid for pre- or post-operational

activities.

6. Except as set forth in Section H.1, bargaining unit employees will not be required to clock

in and/or clock out for official time or lunch.