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31 (2) Non - prime - time leave request(s) shall be considered for approval when reque sted. Within three (3) days the BUE will be informed whether or not the leave request was approved, or is pending review at a later date. At any time from the initial request until ninety (90) days before the effective date of the requested leave, the FWS or designee should make every attempt to approve the request. However, no later than ninety (90) days from the effective date of the leave, the FWS or designee shall notify the BUE of whether the leave was approved. c. Non prime - time leave requ ested on the day it is to be used (spot leave), or with less than three (3) days notice to the Employer, shall be considered and approved/disapproved as soon as practical. Spot leave requests may be made and approved/disapproved verbally to the FWS/CIC. d. The Employer agrees to make every reasonable effort to meet minimum requirements prior to disapproving any annual leave, with the exception of utilizing overtime for coverage requirements. Section 7. The Employer agrees that decisions to cance l approved annual leave, due to operational requirements, are made at the ATCFO level. In such cases BUEs will be notified of the determination to cancel. If requested, this determination will be provided in writing to BUEs. Section 8. A BUE may canc el annual leave at any time. When an BUE cancels scheduled annual leave and returns to duty, he/she may be assigned to work the shift he/she would have worked, unless operational requirements dictate or allow assignment to a different shift. Section 9. BUEs on annual leave who become sick shall have the right to convert the annual leave to sick leave in accordance with applicable regulations and this Agreement. Section 10. Whenever a BUE's request for leave is disapproved, the BUE will be verbally noti fied. If BUE requests, they will be given written notification as to why the leave was disapproved. If a BUE request for annual leave was disapproved and annual leave for that time period, or any portion of that time period, later becomes available, the leave shall be approved on a first requested basis. Section 11. The BUE will not be required to provide reasons for annual leave request. Section 12. The established minimum charge to annual leave shall be one - tenth (1/10) of an hour and additional cha rges are in multiples thereof. Section 13. The Employer shall not require BUEs to use compensatory time when requesting annual leave. Section 14. Except as authorized in OPM regulations, no BUE will be forced to take annual leave. Section 15. BUEs ar e covered by the annual leave and lump sum payment provisions contained in 5 U.S.C. Chapter 55, Chapter 63 and the associated regulations in 5 C.F.R.

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