VA MEDICAL CENTER
POLICY MEMORANDUM 00-304
BRONX, NEW YORK 10468
July 31, 2003
FMLA for employees in noncentralized positions.
iii. The Medical Center Director will: 1) approve requests for leave without
pay for up to thirty calendar days that meet the criteria of this policy memorandum
for employees in centralized positions; 2) forward to VA Central Office for action
requests for leave without pay for more than thirty calendar days for employees in
(c) Program Administration:
i. Supervisors and managers will: 1) assure all employees under their
supervision are made aware of their rights under the FMLA; 2) permit employees
freely to elect to invoke the FMLA or to substitute paid time off to which they are
otherwise entitled, i.e., annual leave or sick leave. The provisions of the FMLA are
in addition to, not instead of, the provisions that already exist under these other
leave programs. Employee may elect to substitute annual or sick leave; however,
sick leave may only be substituted in those situations where it would otherwise be
approved, that is, when the employee has a medical appointment, is actually sick or
incapacitated, is taking care of a sick family member, or is using the time for
bereavement purposes; 3) assure that employees are free from any attempt to
directly or indirectly intimidate, threaten, or coerce them for the purpose of
interfering with the exercise of any rights that such employees may have under the
FMLA; 4) comply with any other Federal law prohibiting discrimination on the
basis of race, religion, color, national origin, sex, age, or disability, assuring that
the employee is given the rights of the statute which provides the greatest benefit.
ii. Employees may take only the amount of FMLA leave that is necessary to
manage the circumstances that prompted the need for such leave. Employees who
believe that the Medical Center has not fully complied with the rights and
requirements provided under the FMLA may file a grievance under either the
Medical Center’s administrative grievance procedure or the negotiated grievance
procedure, as appropriate.
(d) Return to Work: The Medical Center may require employees who have taken
FMLA leave for a serious personal health condition to provide medical certification
that they are able to return to work without posing a danger to themselves, other
employees, or Medical Center patients. The information on the medical certification to
return to work must relate only to the serious health condition for which FMLA leave
F. MILITARY LEAVE:
I. Delegation of Authority: PCCD’s, PC’s, and Program Chiefs may approve requests
for military leave or delegate this authority to the employee’s immediate supervisor.
II. Procedure: All periods of military leave will be requested as soon as possible on
OPM Form-71, accompanied by a copy of the military orders and a statement from
military authorities confirming that active duty was performed.
III. Carryover: Employees may carry over up to fifteen (15) days of military leave for
regular military duty or training to the next fiscal year.
G. ADMINISTRATIVE LEAVE: