Member Reference

Collective Bargaining Agreement

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Official Reference

2024 AFGE TSA Council 100 and TSA Collective Bargaining Agreement

Effective Date: May 24, 2024

Note: The contract language below is displayed from the official CBA text. It is not summarized or rewritten.

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ARTICLE 18: LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT

Official CBA pages 74-79

Official CBA Page 74

ARTICLE 18: LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT

A. PURPOSE: The Parties recognize bargaining unit employees’ rights under the Family and

Medical Leave Act (FMLA) which provides eligible employees with leave for qualifyin g

family and medical reasons.

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

as well as TSA MD 1100.63-9, Paid Parental Leave, contain the policy and procedures

concerning FMLA and Paid Parental Leave (PPL). In the event of a conflict, the provisions of

this Article shall govern.

C. FAMILY AND MEDICAL LEAVE ACT:

1. General Information: The Parties understand that TSA applies Title II of the FMLA for

bargaining unit employees.

2. Leave Entitlement:

a. Twelve (12) week entitlement during a twelve (12) month period for basic FMLA leave

is available for one or more of the following reasons:

i. The birth of a son or daughter of the bargaining unit employee and the care of that

child;

ii. The placement of a child with the bargaining unit employee for adoption or foster

care;

iii. The care of a spouse, son, daughter, or parent of the bargaining unit employee who

has a serious health condition; or

iv. A serious health condition of the bargaining unit employee that makes the

bargaining unit employee unable to perform any one or more of the essential

functions of the bargaining unit employee’s position.

b. Twelve (12) week entitlement for a qualifying exigency arising out of the fact that the

bargaining unit employee’s spouse, son, daughter, or parent is on active duty or has

been notified of an impending call or order to active duty in the Armed Forces in

support of a contingency operation.

c. Twenty-six (26) week entitlement during a twelve (12) month period for FMLA leave

to care for a covered service member with a serious injury or illness, if the bargaining

unit employee is the spouse, son, daughter, parent, or next of kin of a covered service

member.

Official CBA Page 75

3. Bargaining Unit Employee Eligibility:

a. Under the provisions of Title II FMLA, bargaining unit employees are eligible for up

to twelve (12) or twenty-six (26) administrative weeks of Leave Without Pay (LWOP)

in a twelve (12) month period for certain family and medical needs.

b. To be eligible for leave under Title II FMLA, a bargaining unit employee must earn

sick and annual leave and must have worked for the TSA or the Federal government in

a civilian capacity for at least twelve (12) months. It is not necessary for the twelve

(12) months to be recent or consecutive, nor is there a requirement to work a specific

number of hours to attain eligibility.

4. TSA Notification Requirements:

a. TSA shall inform bargaining unit employees of their entitlement to LWOP under

FMLA. At a minimum, organizations should post the FMLA fact sheet in areas

accessible to bargaining unit employees. In addition, when bargaining unit employees

contact a supervisor or other management official concerning entitlements to leave

under FMLA, a memorandum or other written methods should be used to inform

bargaining unit employees of their entitlement.

b. Management or designee should also post the Department of Labor (DOL) publicatio n ,

WHD Publication 1420, "Your Employee Rights Under the Family and Medical Leave

Act." This publication is available on the DOL web site.

c. When a bargaining unit employee is going to be absent for an extended period of time,

management has an obligation to inform the bargaining unit employee of their

eligibility for LWOP under FMLA.

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

advised of FMLA and related provisions.

5. Bargaining Unit Employee Responsibilities Under FMLA:

a. Bargaining unit employees must invoke their entitlement to leave under FMLA. A

bargaining unit employee may not be placed on LWOP under FMLA without the

verbal, written, or explicitly implied consent of the bargaining unit employee.

b. Bargaining unit employees must give at least thirty (30) calendar days’ notice if the

need for leave is foreseeable. If the bargaining unit employee fails to give thirty (30)

calendar days’ notice with no reasonable excuse or explanation, management may

delay the approval of family and medical leave under FMLA until thirty (30) calendar

days after the date notice was provided. If the need for leave is unforeseeable and the

bargaining unit employee is unable to provide advance notice due to circumstances out

of their control, the leave will not be delayed or denied.

Official CBA Page 76

c. Upon request by TSA, bargaining unit employees must provide written medical

documentation of the serious health condition that is the basis for the FMLA request.

d. Bargaining unit employees may not invoke their entitlement to FMLA retroactively.

However, if a bargaining unit employee or their personal representative are physically

or mentally incapable of invoking the bargaining unit employee’s entitlement to FMLA

during the entire period in which the bargaining unit employee is absent from work for

an FMLA-qualifying purpose, the bargaining unit employee may retroactively invoke

their entitlement to FMLA within two workdays after returning to work.

e. Bargaining unit employees requesting FMLA leave are responsible for followin g

established leave requesting procedures, including procedures for requesting

unscheduled leave.

f. Subject to the patient’s medical needs as determined by the attending health care

provider, bargaining unit employees must make a reasonable effort to schedule

foreseeable planned medical treatment so as not to unduly disrupt the operations of the

airport.

g. While in an LWOP status under FMLA, bargaining unit employees may elect to

maintain their Federal Employee Health Benefits (FEHB) coverage by making direct

payments to TSA for their portion of the FEHB or incurring a debt that will be

liquidated by automatic payroll deductions upon return to duty.

h. Bargaining unit employees on LWOP over thirty (30) calendar days should complete

the appropriate documentation to ensure benefits are maintained.

i. Bargaining unit employees are responsible for notifying management of their intent to

substitute applicable paid leave for LWOP under FMLA. Bargaining unit employees

may not retroactively substitute paid leave for LWOP used under FMLA. An exception

may be made for bargaining unit employees awaiting donations via the Voluntary

Leave Transfer Program (VLTP).

6. Serious Health Condition: A serious health condition means an illness, injury, impairment,

or physical or mental condition which requires either:

a. Inpatient care in a hospital, hospice, or residential medical care facility, including the

period of incapacity or subsequent treatment in connection with the inpatient care; or

b. Continuing treatment by a health care provider that includes, but is not limited to,

examinations to determine if there is a serious health condition and evaluations of such

conditions if the examinations or evaluations determine that a serious health condition

exists.

c. Continuing treatment by a health care provider may include one or more of the

following:

Official CBA Page 77

i. A period of incapacity of more than three (3) consecutive calendar days including any

subsequent treatment or period of incapacity relating to the same condition, that also

involves:

a) Treatment two (2) or more times by a health care provider, by a health care provider

under direct supervision of the affected individual’s health care provider, or by a

provider of health care services under the orders of, or on referral by a health care

provider; or

b) Treatment by a health care provider on at least one occasion which results in a

regimen of continuing treatment under the supervision of the health care provider.

ii. Any period of incapacity due to pregnancy, or for prenatal care, even if the affected

individual does not receive active treatment from a health care provider during the

period of incapacity or the period of incapacity does not last more than three (3)

consecutive calendar days.

iii. Any period of incapacity or treatment for such incapacity due to a chronic serious

health condition that:

a) Requires periodic visits for treatment by a health care provider or by a health care

provider under the direct supervision of the affected individual’s health care

provider.

b) Continues over an extended period of time (including recurring episodes of a single

underlying condition); and

c) May cause episodic rather than a continuing period of incapacity. The condition is

covered even if the affected individual does not receive active treatment from a

health care provider during the period of incapacity or the period of incapacity does

not last more than three (3) consecutive days.

iv. A period of incapacity which is permanent or long-term due to a condition for which

treatment may not be effective. The affected individual must be under the

continuing supervision of, but need not be receiving active treatment by a

healthcare provider.

v. Any period of absence to receive multiple treatments (including any period of

recovery) by a health care provider or by a provider of health care services under

orders of, or on referral by a health care provider, either for restorative surgery after

an accident or other injury or for a condition that would likely result in a period of

incapacity of more than three (3) consecutive calendar days in the absence of

medical intervention or treatment.

7. Safeguarding Medical Documentation: Access to the medical documentation will be

restricted to management officials on a bona fide "need to know" basis.

Official CBA Page 78

8. Approving a Request for Leave Under FMLA:

a. When a bargaining unit employee requests leave under FMLA, management must

determine whether the bargaining unit employee is eligible. If the request is to care for

a family member, the bargaining unit employee and the family member must be

eligible.

b. Management cannot require a bargaining unit employee to use all available appropriate

paid leave before approving a request for LWOP under FMLA.

c. When limited or no medical documentation is provided, management must

provisionally approve the request for leave under FMLA and request medical

documentation concerning the serious health condition that will allow management to

make an informed decision on the request. The provisional approval and request for

medical documentation should be written.

d. A bargaining unit employee must provide the written medical certification as described

in TSA MD 1100.63-1, Absence and Leave, and associated Handbook, signed by the

health care provider, no later than fifteen (15) calendar days after the date TSA requests

such medical certification. If it is not practicable under the particular circumstance to

provide the requested medical certification no later than fifteen (15) calendar days after

the date requested despite the bargaining unit employee’s diligent and good faith

efforts, the bargaining unit employee must provide the medical certification within a

reasonable period of time under the circumstances involved, but no later than thirty

(30) calendar days after the date that TSA requests such medical certification. If the

bargaining unit employee is unable to provide the medical certification, the FMLA

request may be disapproved.

e. Bargaining unit employees may submit medical documentation directly to their

designated Human Resources representative.

f. The appropriate management official shall provide bargaining unit employees with

written notification of FMLA leave request approvals and denials. Any denial must

include the reason for denying the request.

D. PAID PARENTAL LEAVE:

1. The Parties understand that an eligible bargaining unit employee with a qualifying

birth or placement of a child with the bargaining unit employee for adoption or foster

care is entitled to up to twelve (12) administrative workweeks of Paid Parental Leave

(480 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).

2. Paid Parental Leave is substituted for unpaid FMLA leave and is used when a

bargaining unit employee is acting in a parental role and engaged in activities directly

Official CBA Page 79

related to the care of the newly born or placed son or daughter of the bargaining unit

employee. Paid Parental Leave is not available for a surrogate or for an employee who

has placed the child for adoption.

3. Managers and supervisors will not require employees to use annual leave, sick leave,

or other forms of paid leave before requesting to substitute Paid Parental Leave for

unpaid FMLA leave.

4. For additional information, including eligibility requirements and procedures, see

TSA Management Directive 1100.63-9, Paid Parental Leave.

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