This Memorandum of Understanding represents the results of negotiations between the Parties arising from the provisions of the Federal Employees Family Friendly Leave Act (FEFFLA). Within 30 days of the effective date of this agreement, the Employer agrees to place a copy of this MOU in the Read & Initial (R&I) Binders at all facilities where NAATS bargaining unit employees are employed.

SECTION 1. GENERAL PROVISIONS

1. All full-time NAATS bargaining unit employees shall be allowed to use up to 40 hours (5 days) of earned sick leave per year for family care or family bereavement purposes. An additional 64 hours of sick leave may be used by all NAATS bargaining unit employees who maintain an 80 hour sick leave balance, including advanced sick leave in accordance with Article 20 of the NAATS/FAA Agreement, at any time during the leave year. The total entitlement is therefore, 104 hours of sick leave usage per year for family care and bereavement.

2. In the case of a part-time bargaining unit employee or a bargaining unit employee with an uncommon tour of duty, the average number of hours of work in the bargaining unit employee's scheduled tour of duty each week shall constitute the annual entitlement. If the number of hours in the employee's tour of duty is changed during the leave year, the employee's entitlement to use sick leave for purposes of FEFFLA shall be recalculated based on the employee's new tour of duty.

3. For the purposes of FEFFLA, a "family member" is defined as (a) spouse and parents thereof, (b) children, including adopted children, and spouses thereof, (c) parents; (d) brothers and sisters, and spouses thereof, and (e) any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship." The term "children, including adopted children, and spouses thereof," as used in this definition, covers adult sons and daughters, whether disabled or not, and therefore permits an employee to use sick leave to arrange for or attend the funeral of an adult son or daughter who is over 18 years old and is not disabled.

4. When required by the situation, the Employer shall advance up to 30 days of sick leave for FEFFLA purposes in accordance with provisions of Article 20 of the Parties agreement.

SECTION 2. CONTAGIOUS DISEASES

1. The 5-day limit on the use of sick leave for family care purposes does not apply to the bargaining unit employee's entitlement to use sick leave to provide care for a family member who is afflicted with a contagious disease. 5 CFR 630.401(c) establishes no limit on sick leave usage for this purpose. The Parties agree that, because of the sensitivity of different contagions, reliance on the expertise of health authorities may be warranted in some cases. Based on the advice of the health authority, the employee may be required to submit proper medical documentation to support the use of sick leave under these circumstances. Prior agreement at the regional level on this expertise and these contagions must be completed by the Parties, if as a result of this reliance, the bargaining unit employee is required to submit proper medical documentation for these absences.

2. FEFFLA does not apply to bargaining unit employees' incapacitation due to sickness, including severe depression or emotional distress, resulting from the death of a family member. Bargaining unit employees who are incapacitated as a result of severe emotional distress due to death of a family member are entitled to use sick leave for their own sickness or illness, IAW 5 CFR 630.401 (a) through (d) and Article 20 of the NAATS/FAA Agreement.

SECTION 3. ADOPTION

1. NAATS bargaining unit employees may use earned sick leave for purposes related to the adoption of a child, such as travel, court appearance, and appointments with adoption agencies, social workers and attorneys. Since adoption procedures and requirements differ among Jurisdictions and adoption agencies, the Parties at the regional level shall determine what administrative evidence will be provided along with the bargaining unit employee's request for sick leave for adoption related purposes.

2. A bargaining unit employee may substitute sick leave retroactively for all or any portion of annual leave used for adoption-related purposes between September 30, 1991 and September 30, 1994. Some form of adoption evidence and the bargaining unit employee's leave and earnings statement shall be accepted as proper documentation for this purpose. The Employer agrees to provide any necessary past earnings and leave statements to bargaining unit members for this purpose, if available.

3. The Employer shall encourage bargaining unit employee's whose annual leave accounts are recredited to monitor their annual leave account balances to prevent forfeiture at the end of the year.

4. All bargaining unit employees who wish to substitute sick leave for annual leave taken under the FEFFLA for adoption-related purposes between September 30, 1991 and September 30, 1994 must submit their request along with documentation by September 30, 1996. No written requests will be taken after this date. A bargaining unit's employee's request for substitution must include the following:

5. If a bargaining unit employee's request is approved for sick leave substitution, the Employer shall take the necessary action to deduct from the employee's sick leave account the amount of sick leave the employee requested for substitution for any annual leave used for adoption-related purposes after September 30, 1991.

6. The Employer shall credit the bargaining unit employee's annual leave account with an amount of annual leave equal to the amount of sick leave the employee elects to substitute. Failure by the Employer to take such action shall not result in the forfeiture of any entitlements to NAATS bargaining unit employees.

7. A written reply shall be provided upon request to each bargaining unit employee whose request to substitute sick leave for annual leave is denied and the specific reason for denial stated. All such denials are subject to the grievance procedure contained in Article 67 of the NAATS/FAA Agreement.

8. Failure by the Employer to process requests promptly shall not result in the forfeiture of any entitlement of NAATS bargaining unit employees.

SECTION 4. BONE MARROW/ORGAN DONORS

1. Effective September 30, 1994, bargaining unit employees who wish to serve as bone marrow or organ donors are entitled to 7 work days of paid leave each year. This leave is in addition to any other type of leave the employee may need or desire to use. The Employer shall grant additional time off in the form of excused absence, accrued sick leave and/or annual leave, as appropriate; leave without pay, advanced sick and/or annual leave to accommodate bargaining unit employees.

SECTION 5. RIGHTS TO PRIVACY

1. The Parties recognize the right of NAATS bargaining unit employees to their privacy. The Employer recognizes the responsibility of all officials to adhere to employee rights to privacy. Leave approval authorities will be briefed to only ask those questions necessary to determine the applicability of FEFFLA to NAATS bargaining unit employees.

SECTION 6. DURATION OF PROGRAM

1. The Parties recognize that FEFFLA is a 3-year pilot program subject to review by the Congress in June 1997. Congress will make necessary determinations as to whether entitlements to this program will continue beyond December 22, 1997. If it is determined that the entitlements under this program are void, provisions of Article 20 of the Parties national agreement will govern the entitlement for sick leave.

2. This agreement expires at the end of the pilot program. This MOU may only be reopened by mutual consent of the Parties.

SECTION 7. WAIVERS

1. Nothing in this MOU constitutes a waiver of any Union or Management statutory or contractual right.

Date: 6/28/95