President’s Briefing: NG-1/6/22 (FMLA and AWOL)

On January 6, 2022, the NVAC filed NG-1/6/22 (FMLA and AWOL) against the Department for improperly charging bargaining unit employees (“BUE”) absence without leave (“AWOL”) while their FMLA approvals were pending.

The Department announced certain changes to FMLA and VATAS whereby timekeeping was aligned with FMLA regulations and VA policy to include, “a 2 pay period grace period [of approved FMLA in VATAS after an employee requests FMLA and before final approval]; after that an employee will receive an error if they continue to submit FMLA requests without an approved FMLA case[.]”As a result, HR offices are responsible for providing the payroll office with FMLA approval memoranda so that the payroll office can create the FMLA case in VATAS. The downstream effects of these changes are now resulting in violations of employees’ FMLA rights. For example, once an employee’s “conditional” or “provisional” FMLA exceeds thirty (30) days without a final approval of FMLA, employees are charged AWOL.

By and through its actions, the Department failed to satisfy its bargaining obligations with the Union regarding changes to FMLA and VATAS. In refusing to negotiate in good faith with the Union prior to imposing this requirement the Agency committed an unfair labor practice under 5 U.S.C. §§7116(a)(5) and (a)(8). Further, the Department violated Articles 2, 35, 47 and 49 of the MCBA; 29 C.F.R. 825.220(a)(1); and VA Financial Policy Volume XV, Chapter 3.

If you have any additional information or evidence relating to this National Grievance, please contact the NVAC Legal Team at nvacattorney@afge.org.