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2016 CBA Tentati ve Agreement Page 51 of 217 the effective date of their retirement. ARTICLE 26 LEAVE FOR SPECIAL CIRCUMSTANCES Section 1. In the event of a death in an employee's family, a t the discretion of the employee, up to ten (10) days of annual leave or leave without pay (LWOP) shall be granted. For the purposes of this Agreement, "family" is defined as the employee's father, mother, son, daughter, brother, sister, grandparent, grand child, uncle, aunt, cousin, nephew, niece, husband, wife, father - in - law, mother - in - law, son - in - law, daughter - in - law, brother - in - law, sister - in - law, step - father/mother/sister/brother/son/ daughter, half - brother, half - sister, life or domestic partner, and in loco parentis. In loco parentis is defined as any individual who has day - to - day responsibility for the care and financial support of a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Section 2. Requests for annual or sick leave for emergencies involving illness or injury in the family shall be given priority. Section 3. Requests for annual leave, use of credit hours, compensatory time, or leave without pay to observe the Sabbath, or any other religious, ethnic holiday, or the employee's birthday shall be granted, unless staffing and workload do not permit. Section 4. Employees shall be entitled to military leave as set forth in 5 USC Section 6323. Section 5. In accordance with the Family Medical Leave Act (FMLA), upon request, an employee is entitled to a total of twelve (12) administrative work weeks of leave without pay (LWOP) during any twelve (12) month period for one (1) or more of the following reasons: a. birth of a son or daughter and care of the newborn; b. the placement of a son or daughter with an employee for adoption or foster care; c. care for spouse (including pregnancy related medical conditions), son, daughter, or pare nt with a serious health condition; d. serious health condition (including pregnancy related medical conditions) of an employee that makes the employee unable to perform duties of his or her position; e. because of any qualifying exigency (as determined by the Secretary of Labor) arising out of the fact that the spouse, or a son, daughter, or parent of the employee 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. For this subsection only, the employee is entitled to up to a total of twelve (12) administrative workweeks during any twelve (12) month period, or a lesser period if so specified by the qualifying event. Additional leave beyond the initial twelve (12) weeks in any twelve (12) month period shall be subject to staffing and workload. An employee may elect to substitute any paid leave for any or all of the period of leave taken under this Section.

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