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.
c. Upon request by TSA, bargaining unit employees must provide written medica l 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 physica lly 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...
