AGREEMENT BETWEEN COMMONWEALTH OF PENNSYLVANIA

AGREEMENT

BETWEEN

COMMONWEALTH OF PENNSYLVANIA

AND

SEIU LOCAL 668

Effective July 1, 2023 to June 30, 2027

TABLE OF CONTENTS

Page

Article 1, Recognition

Article 2, Union Security

Article 3, Dues Deduction

Article 4, Credit Union

Article 5, Payroll Deductions

Article 6, Hours of Work

Article 7, Rest Periods

Article 8, Meal Periods

Article 9, Eating and Sanitary Facilities

Article 10, Holidays

Article 11, Leave Donation Program

Article 12, Sick Leave and Bereavement Leave

Article 13, Annual Leave

Article 14, Leaves of Absence

Article 15, Civil Leave

Article 16, Military Leaves

Article 17, Leaves of Absence Without Pay

Article 18, Family and Medical Leave Act (FMLA) Leave

Article 19, Work-Related Injuries

Article 20, Salaries and Wages

Article 21, Overtime

Article 22, Call-Time and Standby Time

Article 23, Shift Differential

Article 24, Insurance

Article 25, Health Benefits

Article 26, Day Care

Article 27, Classification

Article 28, Travel Expenses

Article 29, Seniority

Article 30, Personnel Files

Article 31, Discharge, Demotion, Suspension and Discipline

Article 32, Grievances and Arbitration

Article 33, Non-Discrimination

Article 34, Uniforms, Clothing and Equipment

Article 35, Retirement

Article 36, General Provisions

Article 37, Safety and Health

Article 38, Job Training

Article 39, Equal Employment Opportunity

Article 40, Union Business

Article 41, No Strikes or Lockouts

Article 42, Management Rights

Article 43, Labor-Management Committee

Article 44, Miscellaneous Provisions

Article 45, Successors

101

Article 46, Preservation of Bargaining Unit Work

101

Article 47, Technological and Methodological Changes

102

Article 48, Term of Agreement

105

Appendix A, Standard Pay Schedule, Effective July 1, 2023

108

Appendix B, Standard Pay Schedule, Effective July 1, 2024

112

Appendix C, Standard Pay Schedule, Effective July 1, 2025

116

Appendix D, Standard Pay Schedule, Effective July 1, 2026

120

Appendix E, Classification Series

124

Appendix F, Organizational and Geographical Seniority Units

130

Appendix G, Expanded Organizational and Geographical Seniority Units

135

Appendix H, Class Codes/Titles

139

Appendix I, Department of Corrections, Drug and Alcohol Testing Program

142

Appendix J, AWS and Flex Time Templates

153

Appendix K, Rules of the Accelerated Grievance Procedure

165

Appendix L, Side Letter-Alternative Discipline Program, dated April 6, 2017

172

ARTICLE 1

RECOGNITION

Section 1. The Union is recognized as the exclusive representative for collective bargaining

purposes for employees within the classifications established by a certification of the Pennsylvania

Labor Relations Board, dated January 4, 1972, Case No. PERA-R-1278-C, as amended.

Section 2. The term employee when used in this Agreement is defined as those persons in the

positions and classifications covered by the certification referred to in Section 1 of this Article and

is intended to include Energy Assistance Workers in the Department of Human Services, unless so

stated.

ARTICLE 2

UNION SECURITY

Section 1. a. The Employer shall furnish each new employee with a copy of this

Agreement together with an authorization card for dues payroll deduction and a packet of

informational material; provided, however, the Union has furnished the Employer with sufficient

copies of the Agreement containing the authorization for dues deduction as well as sufficient

copies of the informational material. The Employer shall have the right to inspect the

informational material and shall also retain the right to refuse to distribute the informational

material if, in the Employer's opinion, the informational material contains derogatory statements or

statements detrimental to the labor-management relationship. Additionally, if the Employer

determines that the distribution of the informational material becomes an administrative burden,

the Employer shall have the right to withdraw its participation.

b. The Union shall be given the opportunity to access new employees during the

agency orientation process.

Section 2. The Union shall provide a single dedicated e-mail resource account to which the

Employer will provide a timely copy of the written notice confirming an employee’s hire or

transfer into a position represented by the bargaining unit.

Section 3. It is understood by the parties that a member’s status shall not change as a result of

a member accepting a promotion to a position within this bargaining unit, transferring to a new

work location, or returning from an extended leave.

Section 4. Requests to revoke Union membership shall be directed to the Union rather than the

Employer. Any membership resignation requests received by the Employer should be redirected to

the Union. The Union shall be solely responsible for processing member resignations.

ARTICLE 3

DUES DEDUCTION

Section 1. The Employer agrees to deduct the Union membership dues, an annual assessment,

and an initiation fee, from the pay of those employees who individually request in writing that such

deductions be made. The signature of the employee on a properly completed Union dues

deduction authorization card shall constitute the only necessary authorization to begin payroll

deductions of said dues. The Union shall certify to the Employer the rate at which Union dues are

to be deducted, and dues at this rate shall be deducted from all compensation paid. The aggregate

deductions of all employees shall be remitted together with an itemized statement to the Union by

the last day of the succeeding month, after such deductions are made.

The Employer agrees to process dues authorization cards in an expeditious manner upon

receipt. Should it be determined by the Union that an employee’s payroll dues deductions should

cease, the Union shall be responsible for notifying the Employer. Such notices shall be

communicated in writing and shall include the effective date of the cessation of payroll dues

deduction. The Employer shall rely on the information provided by the Union to cancel or

otherwise change authorizations.

Section 2. The employee's written authorization for dues payroll deductions shall contain the

employee's name, the last four digits of the employee’s social security number, agency in which

employed, work location (institution, district, bureau, etc.), Union name and local number.

Section 3. Where an employee has been suspended, furloughed or discharged and

subsequently returned to work, with full or partial back pay, the Employer shall, in the manner

outlined in Section 1 above, deduct the Union membership dues that are due and owing for the

period for which the employee receives back pay. Dues deductions will be resumed for employees

upon their return from a leave of absence without pay or recall from furlough.

Section 4. The dues deduction provisions of this Article shall continue to pertain and be

complied with by the Employer with regard to those employees who are either promoted into the

unit of first level supervisors or transfer to another classification within the bargaining units

covered by this agreement.

Section 5. The Employer shall provide the Union, on a monthly basis, a list of all employees

in the bargaining unit. Said data shall include the employee’s name, personnel number, address,

agency in which employed, class code, work location (institution, district, bureau, etc.), whether

the employee is a member, and the most recent date of hire.

Section 6. The Union shall indemnify and hold the Employer harmless against any and all

claims, suits, orders, or judgments brought or issued against the Employer as a result of the action

taken or not taken by the Employer under the provisions of this Article.

ARTICLE 4

CREDIT UNION

Section 1. The Employer agrees to make payroll deductions available to employees who wish

to participate in the State Employees Credit Union, as designated by the Union, and any one of the

Credit Unions duly chartered under State or Federal statutes and approved by the Employer.

Section 2. The Employer shall remit the deductions of employees together with an itemized

statement to the applicable Credit Union designated under Section 1 above within 30 days

following the end of the calendar month in which deductions were made.

Section 3. a. The Employer shall establish rules, procedures and forms which it deems

necessary to extend payroll deductions for Credit Union purposes.

b. Payroll deduction authorization forms for Credit Union purposes must be

executed by and between the employee and an official of the credit union.

Section 4. The Union shall indemnify and hold the Employer harmless against any and all

claims, suits, orders or judgments brought or issued against the Employer as a result of the action

taken or not taken by the Employer under the provisions of this Article.

Section 5. The Employer agrees to meet and discuss, at the request of the Union,

recommendations regarding the transfer of money to the State Employees Credit Union as well as

the beginning and ending of Credit Union contributions.

ARTICLE 5

PAYROLL DEDUCTIONS

Section 1. In the event the Union establishes a Health and Welfare Fund providing benefits to

all employees covered by this Agreement, the Employer agrees to "meet and discuss" as provided

in Act l95 to consider employee payroll deductions for said Health and Welfare Fund.

Section 2. The Employer agrees to deduct from the paycheck of employees covered by this

Agreement voluntary contributions to the Union's Political Action Committee. The Employer shall

make such deductions only in accordance with the written authorization of respective employees

which shall specify the amount, frequency and duration of the deductions.

The Employer shall transmit the monies deducted in accordance with this Section to the

Union's Political Action Committee, in accordance with the written direction of the Union.

The Union shall reimburse the Employer for the Employer's actual cost for the expenses

incurred in administering this Section.

The Union shall indemnify and hold the Commonwealth harmless against all claims, suits,

orders or judgments brought or issued against the Employer as a result of action taken or not taken

by the Employer under the provisions of this Article.

ARTICLE 6

HOURS OF WORK

Section 1. The work week shall consist of five consecutive work days in a pre-established

work schedule except for employees in seven-day operations.

Section 2. The work day shall consist of any 24 hours in a pre-established work schedule

beginning with the scheduled reporting time for the employee's shift.

Section 3. The work shift shall consist of 7.5 or 8 work hours within a work day.

Section 4. The regular hours of work for any shift shall be consecutive except that they may be

interrupted by a meal period.

Section 5. a. Work schedules showing the employees' shifts, work days, and hours shall

be posted on applicable departmental bulletin boards at the work site. Except for emergencies,

changes will be posted two weeks in advance. At worksites where employees frequently work in

the field, alternate methods of communicating schedules may be established through mutual

written agreement of the parties at the local or agency level.

b. Where changes are to be made by the Employer for other than emergency reasons,

or where schedules are to be adopted for new programs, the Employer agrees to meet and discuss

with the Union prior to the implementation of such changes or schedules.

c. An employee whose regular work schedule is Monday through Friday throughout

the year shall not have his/her work schedule changed to other than a Monday through Friday

schedule except for a legitimate operational reason which is not arbitrary or capricious.

The Department of Human Services, Office of Income Maintenance, the Department of

Labor and Industry and the Department of Corrections, in order to meet new regular, reoccurring

service delivery requirements, may establish six and/or seven day operations. To meet these

operational requirements on a non-overtime basis, work schedules other than Monday through

Friday may be established after negotiating with the Statewide Union. If no agreement is

reached, the Commonwealth may submit its proposed schedule to expedited arbitration. The

arbitrator will determine if the proposed schedule is a reasonable good faith effort to meet

operational needs. The Union will not be permitted to raise as an issue avoidance of overtime at

the arbitration.

Section 6. a. Employees engaged in seven-day operations are defined as those employees

working in any activity for which there is regularly scheduled employment for seven days a week.

Except for Youth Development Centers and Youth Forestry Camps, the work week for seven day

operations shall consist of any five consecutive days within a seven calendar day period except

where employees have historically been regularly scheduled for seven days a week. In such cases

of regularly scheduled employment for seven days per week, the work week shall consist of any

five days within a consecutive seven calendar day period.

b. For employees of Youth Development Centers and Youth Forestry Camps in the

Department of Human Services, the work schedule shall consist of any ten (10) days within a

consecutive fourteen (l4) calendar day period.

c. Employees engaged in seven day operations will not be scheduled for more than

two (2) consecutive weekends except in cases where the Employer and the Union agree.

Section 7. In the event of a change in shift from a pre-established work schedule, employees

must be off regularly scheduled work for a minimum of three shifts or their equivalent unless a

scheduled day or days off intervene between such shift change.

Section 8. a. Local Union and management representatives at all locations may agree to

work schedules that may be at variance with the specific provisions of this Agreement provided

such work schedules are approved, in writing, by the Local Union representative, the appropriate

SEIU Local 668 representative, the appropriate facility/location head, the agency, and the Office of

Administration. Within 75 working days after receipt by the Agency for approval, the Agency

shall return the work schedules to the local level parties for additional work/clarification or to the

Office of Administration for their review and/or approval. Failure to do so will permit the proper

SEIU Local 668 official to submit the work schedules to the Office of Administration for review

and/or approval. Such local agreement may include but need not be limited to alternative work

schedules, schedules providing for every other weekend off, four day work weeks, flex-time, 10

consecutive work days, weekend and evening work, and the use of seniority for bidding on work

days and hours, subject to management's responsibility to maintain efficient operations. Both

parties will work diligently to reach an agreement at the local level. Prior to the establishment of

any schedule under this Section, the Union shall be required to prove a reasonable expectation that

the schedule will improve the Employer's operational efficiency and/or service to its clients, and

the quality of work life of employees. The parties recognize that what constitutes improved

operational efficiency and/or service will vary across work sites and operations and must be

assessed on a case-by-case basis. Such improvements may include, but are not limited to:

operational cost-savings, increased revenues, greater access to/expanded service for customers,

improved resident care outcomes, or increased access to/distribution of work tools/resources to

staff in a manner that enhances productivity.

b. It is understood that recommendations submitted in accordance with a. above

shall not be unreasonably denied provided that none of the conditions of Subsection e. below

have been violated.

c. Failing to reach agreement, the Union may submit the proposed schedule to a

three-person committee of representatives from the affected agency, Office of Administration

and SEIU Local 668. The union’s proposed schedule will be submitted to the Office of

Administration. Upon receiving the union’s proposed schedule, the committee will issue a

determination within sixty (60) calendar days. The sixty (60) calendar day timeframe may be

extended upon mutual agreement of the parties. If the Committee is unable to reach an

agreement, the dispute may be submitted to arbitration where the burden of proof shall be upon

the Union.

d. Nothing herein will impair or limit the Employer's rights to schedule employees

as set forth in this Agreement.

e. No schedule may:

(1) increase costs of operation

(2) increase current complement

(3) affect the Employer's ability to meet criteria for accreditation and/or certification

(4) adversely impact the efficiency of affected operations, nor standards of service

(5) contain an unreasonable number of work schedules

The Employer may cancel an alternate work schedule, schedule providing for every other

weekend off or flextime schedule upon a minimum of 15 days notice to the Union, when the

Employer reasonably determines that the purpose or conditions set forth above are not being met or

that the criteria used to initiate the alternate work schedule, schedule providing for every other

weekend off or flextime schedule have materially changed. If the Union submits the Employer's

cancellation of a schedule to the resolution process described above, the burden of proof shall be

on the Employer. Templates for alternate work schedules and flex time schedules are provided at

Appendix J.

f. All discussions conducted pursuant to this Section shall be in accordance with the

meet and discuss provisions of this Agreement.

Section 9. The Employer supports the concept of job sharing. The Employer agrees to meet

and discuss at appropriate levels upon the request of the Union. It is understood that if mutual

agreement is reached, all benefits of one full time permanent worker shall be prorated between the

two job sharers in accordance with current practices for part-time employees. Such employees

shall be allowed to return to full-time positions within their classification when the positions

become available in preference over new hires and other employees who have promotional rights

to those positions.

ARTICLE 7

REST PERIODS

Section 1. An employee shall be permitted a fifteen-minute paid rest period (uninterrupted)

during each one-half work shift provided the employee works a minimum of three hours in that

one-half work shift. The rest period shall be scheduled and taken whenever possible at the middle

of such one-half shift. The Employer, however, shall be able to vary the scheduling of such period

when, in its opinion, the demands of work require such variance.

Section 2. Employees who work, without interruption, before or beyond their regular shifts

for at least two hours shall receive a fifteen-minute rest period. Those employees who work,

without interruption, beyond their regular shifts shall thereafter receive a fifteen-minute rest period

for each additional two hours of such work unless at the end of such two-hour period his/her work

is completed. If the employee takes a meal period at the expiration of his/her normal work day,

then he/she shall thereafter be given a fifteen-minute rest period for each additional two hours of

such work unless at the end of such two-hour period his/her work is completed.

Section 3. The scheduling of rest periods immediately before or after meal periods is

permissible where the employee and the Employer agree to such a practice.

ARTICLE 8

MEAL PERIODS

Section 1. All employees shall be granted a duty-free meal period, during the third to fifth

hours, inclusive, of their work day. This shall not restrict the Employer's right to require an

employee to remain on duty through his/her meal period or to recall an employee during any part

of his/her meal period and compensate the employee as provided for in Section 7 of Article 21.

Required hours of work during a work day shall be exclusive of this period.

Section 2. If an employee is required to work more than two hours beyond his/her regular

quitting time, the employee will be allowed a meal period at the end of the initial two hour period

or sooner. In addition, the employee will be allowed a meal period for each four hours worked

beyond each meal period. If an employee works more than two (2) hours after his/her scheduled

quitting time and has not had notice of such work requirement at least two (2) hours before

commencement of his/her regular shift, the Employer shall furnish a meal or compensate the

employee for a meal in an amount actually expended and not to exceed $15.00.

Section 3. With the prior written approval of the first-level of management at the work site,

employees may be allowed to utilize one-half of the time provided for the meal period to effect

either a later reporting time at the beginning of the shift or an earlier dismissal time at the end of

the shift. Such requests shall be considered on an individual by individual basis. However, it is

understood and agreed that the approval of such request is at the sole discretion of the Employer.

ARTICLE 9

EATING AND SANITARY FACILITIES

Section 1. The Employer shall provide adequate eating and sanitary facilities at all permanent

state-owned or leased locations, which shall be properly heated and ventilated.

Section 2. Vending machines for beverages shall be provided at institutional sites where meal

facilities are not available at all times. The Union may meet with authorized personnel of the

various institutions to discuss the possible increase in items that may be furnished through vending

machines. Additional vending machines may be installed in existing or new locations when

feasible, providing that existing vendor contracts permit the installation of additional vending

machines and that arrangements can be made to do so at no cost to the Employer.

Section 3. The Employer agrees to meet and discuss at the request of the Union regarding the

standards for eating and sanitary facilities to be included in the specifications for state-owned or

leased buildings.

ARTICLE 10

HOLIDAYS

Section 1. The following days shall be recognized as holidays:

New Year's Day

Martin Luther King Jr.’s Birthday

Presidents' Day

Memorial Day

Juneteenth

Independence Day

Labor Day

Indigenous Peoples’ Day

Veterans’ Day

Thanksgiving Day

Day after Thanksgiving

Christmas Day

Monday shall be recognized as a holiday for all holidays occurring on a Sunday, and Friday

for all holidays occurring on a Saturday for those employees on a normal Monday through Friday

work week. For other than these employees, the holiday shall be deemed to fall on the day on

which the holiday occurs.

Section 2. A permanent full-time employee on a Monday through Friday work week shall be

paid for any holiday listed in Section 1 of this Article, provided the employee was scheduled to

work on that day, and if the employee was in an active pay status on the afternoon of the scheduled

work day immediately prior and the morning of the scheduled work day immediately subsequent

thereto. If a holiday occurs while employees are on leave without pay under Article l7, Section 3,

they shall be paid for the holiday provided the employees were in an active pay status the last half

of their scheduled work day immediately prior and the first half of their scheduled work day

immediately subsequent to the leave without pay.

If a holiday is observed while a permanent full-time employee is on paid leave status, the

employee will receive holiday pay and the day will not be charged against other paid leave credits.

Full-time permanent employees working other than a regular Monday through Friday work

week shall be guaranteed the same number of days off with pay equal to the number of paid

holidays received by the employees on the regular Monday through Friday schedule, subject to the

same entitlement requirement.

Section 3. If a permanent full-time employee works on any of the holidays set forth in Section

1 of this Article, except the day after Thanksgiving, the employee shall be compensated at one and

one-half times the employee's regular hourly rate of pay for all hours worked on said holiday. In

addition, the employee shall receive paid time off for all hours worked on a holiday but not to

exceed the hours in the employee's regular work shift.

Employees will be permitted to use paid time off earned for working scheduled holidays

through ten (10) pay periods into the next calendar year. The employees may select the date on

which they shall utilize their paid time off provided they have given the Employer three weeks

notice and the Employer will respect the requested selection time, as long as it is not detrimental to

the efficiency of the operation. If the employee is not granted such paid time off in accordance

with the above provisions, the employee shall be compensated at his/her regular rate of pay in lieu

of such paid time off. Available paid time off may be used by the employee for an emergency.

Section 4. If a permanent full-time employee works on the day after Thanksgiving, the

employee shall be compensated at the employee's regular hourly rate of pay for all hours worked

on said holiday. In addition, the employee shall receive paid time off for all hours worked on the

day after Thanksgiving but not to exceed the hours in the employee's regular work shift.

Section 5. Whenever the Employer declares a special holiday or part holiday for all employees

under the Employer's jurisdiction, all permanent full-time employees who are required to work on

the day on which such holiday hours occur shall receive time off with pay for all hours worked

equivalent to the number of hours in the employee's normal work shift if a full holiday is declared,

or a pro rata share of the normal work shift if a partial holiday is declared. The Employer shall

have the option of paying the employee his/her regular hourly rate of pay in lieu of such equivalent

time off with pay.

Section 6. When an employee's work shift overlaps the calendar day, the first shift of the

employee in which 50% or more of the time occurs on the applicable holiday shall be considered in

the holiday period and the holiday period shall end 24 hours after the commencement of that shift.

Section 7. Permanent part-time employees shall receive holidays on a pro rata basis.

Employees, at the option of the Employer, shall receive either prorated paid leave or shall be paid

at their regular hourly rate of pay in lieu of such paid leave.

Permanent part-time employees shall be compensated at one and one-half times their

regular hourly rate of pay for all hours worked on a holiday set forth in Section 1 above.

Section 8. In no event shall an employee be entitled to duplicate holiday payment. Time

worked on holidays during an employee's regular shift shall not be excluded from hours worked for

the purposes of determining eligibility for overtime pay under Section 1 of Article 21 of this

Agreement.

Section 9. There shall be no duplication or pyramiding of any premium pay provided for

under the provisions of this Agreement for the same hours worked.

Section 10. When it is necessary to schedule employees in this unit to work on a holiday listed

in Section 1 of this Article, the Employer shall first seek to obtain volunteers from among

employees in the same job classification at the work site beginning with the most senior employee.

In the event that sufficient volunteers are not available, the Employer shall have the right to assign

such work on a non-volunteer basis beginning with the least senior of those employees in the same

job classification at the work site who have not worked a holiday on an involuntary basis.

Volunteers may be passed over in order to insure that all employees have an equal opportunity to

work holidays.

Section 11. Effective as soon as practically and legally possible, the Commonwealth will

adopt a tax-qualified Leave Payout Plan. All employees who attain age 55 before or during the

calendar year they separate from service after adoption of the Leave Payout Plan shall have the

leave payouts otherwise payable for accumulated and unused Annual Leave, Compensatory

Leave, Holiday Leave and Sick Leave, up to the maximum allowable by law, deposited in an

account in the employee’s name, provided however that if the total amount of leave payout is

$5000 or less, this amount shall be paid to the employee in cash. Amounts in excess of the

maximum allowable amount will be paid to the employee in cash.

In the event that any participant (in the leave payout plan) also participates in the

Pennsylvania State System of Higher Education Alternative Retirement Plan (the “ARP”),

contributions to this (leave payout) plan shall be allowed for any plan year only to the extent such

contributions will not cause the limitations contained in Code Sections 402(g), 414(v) or 415 to be

exceeded for the plan year when such contributions are aggregated with contributions made to the

ARP on behalf of the participant.

ARTICLE 11

LEAVE DONATION PROGRAM

Section 1. Permanent employees may donate annual leave to a designated permanent

employee in the employee’s agency who has used all accrued paid leave and anticipated annual

leave for the current leave calendar year. The leave is to be used for the recipient’s own

catastrophic or severe injury or illness, the catastrophic or severe injury or illness of a family

member, or for absences related to an organ donation by the recipient. The leave also may be used

as bereavement leave if the employee’s family member dies and the employee has no accrued or

anticipated sick leave available, subject to the limitations in Article 12, Section 6.

Section 2. Recipients

a. Recipients must be permanent employees in bargaining units that have agreed to

participate in this program.

b. Family member is defined as a husband, wife, child, step-child, foster child or

parent of the employee or any other person qualifying as a dependent under IRS eligibility

criteria.

c. An organ donation or catastrophic illness or injury that poses a direct threat to life

or to the vital function of major bodily systems or organs, and would cause the employee to take

leave without pay or terminate employment, must be documented on a Family and Medical

Leave Act Serious Health Condition Certification form. Donated leave may not be used for

work-related injuries or illnesses, minor illnesses, injuries, or impairments, sporadic, short-term

recurrences of chronic, non-life threatening conditions, short-term absences due to contagious

diseases, or short-term recurring medical or therapeutic treatments, except for conditions such as

those listed above.

d. An organ donation, severe illness or injury must also be documented on a Medical

Condition Certification to Receive Leave Donations Form.

e. Organ donation is defined as a living donor giving an organ (kidney) or part of an

organ (liver, lung, intestine) to be transplanted into another person.

f. The absence due to an organ donation, the catastrophic or severe illness or injury

of the employee, or a catastrophic or severe illness or injury of a family member must be for

more than 20 workdays in the current leave calendar year. The 20-workday absence may be

accumulated on an intermittent basis if properly documented as related to the organ donation or

the same catastrophic or severe illness or injury. Annual, sick (for employee’s own serious

health condition), sick family (for the serious health condition of a family member), holiday,

compensatory, or unpaid leave may be used during the accumulation period. A separate

accumulation period must be met for each organ donation, catastrophic or severe illness or injury

and for each leave calendar year in which donated leave is used. Donated leave may not be

applied to the required 20-workday accumulation period.

g. All accrued leave must be used as follows before any donation may be received.

(1) For an employee’s organ donation or own catastrophic or severe injury or

illness, all accrued annual, sick, holiday, and compensatory leave and all

anticipated annual and sick leave for the current leave calendar year must be used.

(2) For the organ donation or catastrophic or severe injury or illness of a

family member, all accrued annual, holiday, and compensatory leave and all

anticipated annual leave for the current leave calendar year must be used. All five

days of sick family leave and any additional sick family leave for which the

employee is eligible must be used.

h. Up to 12 weeks of donated leave per leave calendar year may be received for all

conditions of the employee and family members cumulatively, but donations may not be

received in more than two consecutive leave calendar years. Donated leave is added to the

recipient’s sick leave balance on a biweekly basis. Recipients do not repay the donor for donated

leave. Leave usage is monitored closely to ensure that donated leave is used only for absences

related to the organ donation or catastrophic or severe illness or injury.

i. The recipient’s entitlement to leave under the Family and Medical Leave Act will

be reduced, where applicable, by donated leave that is used. Entitlements to sick leave without

pay (for an employee’s own illness) or family care leave without pay (for a family member’s

illness) will also be reduced.

j. Donated leave may be used on an intermittent basis. However, each absence may

be required to be medically documented as due to the organ donation or the same catastrophic or

severe illness or injury.

k. An employee is not eligible to receive donations of leave if, during the previous

six months, the employee has been placed on a written leave restriction, or has received a written

reprimand or suspension related to attendance.

l. Donated leave that remains unused once the employee is released by the physician

for full-time work, when the family member’s condition no longer requires the employee’s

absence, or at the end of the leave calendar year, must be returned to the donors in inverse order

of donation. However, if at the end of the year, the absence is expected to continue beyond the

greater of 20 workdays or the amount of annual and sick leave that could be earned and used in

the following leave calendar year, donated leave may be carried into the next year.

Section 3. Donors

a. A donor may voluntarily donate annual and personal leave to an employee within

the donor’s agency who meets the requirements of the Leave Donation Program. Donations may

be made to multiple employees as long as the minimum donation is made to each employee.

b. Donations must be made in increments of one day (7.50 or 8.0 hours), but not

more than five days can be donated to any one employee in the same leave calendar year. The

donor’s annual leave balance after donation cannot be less than the equivalent of five workdays

of leave (37.5 or 40.0 hours). Anticipated personal leave may not be donated.

c. The donation is effected by the completion and submission of a Request to

Donate Leave to the agency Human Resource Office. Leave is deducted from the donor’s annual

and/or personal leave balance at the time of donation and transferred to the recipient in order by

the date and time the Request to Donate Leave form is received.

d. Unused donations are returned to the donor if: the recipient or family member

recovers, dies, or separates before the donor’s leave is used; or if the recipient does not use the

leave by the end of the leave calendar year, and is expected to either return to work within 20

workdays or to have sufficient anticipated annual leave available in the new year to cover the

absence. In accordance with Section 1 above, an employee whose family member dies and who

does not have accrued or anticipated sick leave available, may use donated leave as bereavement

leave, subject to the limitations in Article 12, Section 6.

Section 4. The provisions of this Article are not grievable under Article 32 of this

Agreement.

Section 5. Notwithstanding the requirements in Sections 1 and 3 of this Article that annual

and personal leave donations be from a permanent employee in the employee’s agency, in the

event that an employee does not receive sufficient donations from employees within the

employee’s own agency, the employee needing donations will be permitted to seek donations

from permanent employees in other agencies under the Governor’s jurisdiction within a

reasonable geographic distance, through the requesting employee’s designated local Human

Resource contact. An exception to the reasonable geographic distance limitation will be allowed

for relatives of the employee who wish to make donations.

ARTICLE 12

SICK LEAVE AND BEREAVEMENT LEAVE

Section 1. a. Employees shall be eligible to use paid sick leave after 30 calendar days of

service with the Employer. Employees shall earn sick leave as of their date of hire in accordance

with the following schedule:

Maximum Sick Leave

Entitlement Per Year

Sick Leave will be 37.5 Hr. Workweek: 82.5 Hrs. (11 days)

earned at the rate of 40 Hr. Workweek: 88 Hrs. (11 days)

4.24% of all Regular

Hours Paid

b. Regular Hours Paid as used in this Article include all hours paid except overtime,

standby time, call-time, and full-time out-service training.

Section 2. Employees may accumulate sick leave up to a maximum of 300 days.

Section 3. a. A doctor's certificate is required for an absence from work due to sickness

for three or more consecutive days. For absences of less than three days, a doctor's certificate may

be required where, in the opinion of the Employer, the employee has been abusing the sick leave

privileges.

b. In those cases where a pattern of sick leave abuse is suspected, the Employer will

advise the employee of the suspected abuse and discuss the matter with the employee. The total

circumstances of an employee's use of sick leave rather than a numerical formula shall be the

basis upon which the Employer's final determination is made that the employee is abusing sick

leave.

c. Upon return from sick leave, employees are not required to state the nature of

their illness on Form OA-330 or doctor's statement except as required by Article 18, Sections 1

and 2 and in those cases where sick leave abuse is suspected or where there is a suspicion of a

contagious disease.

d. Discipline based upon patterns of sick leave use will be treated under the basic

concepts of just cause.

Section 4. Where sickness in the immediate family requires the employee's absence from

work, employees may use not more than five days of such sick leave entitlement in each calendar

year for that purpose. Immediate family, for the purposes of this Section, is defined as the

following persons: husband, wife, step-child, child, foster child, parent, brother, sister, grandchild

or step-parent of the employee. The Employer may require proof of such family sickness in

accordance with Section 3 above.

Section 5. Where a family member’s serious health condition requires the employee’s

absence from work beyond 20 days (150/160 hours as applicable) in a calendar year, permanent

employees with at least one year of service may use accrued sick leave, in addition to that

provided by Section 4 above.

a. Employees who meet the eligibility criteria in b. through e. below may use

accrued sick leave in accordance with the following schedule:

Leave Service Credit Sick Family Allowance

Over 1 year to 3 years Up to 52.5/56 additional hours (7 days)

Over 3 years to 15 years Up to 112.5/120 additional hours (15 days)

Over 15 years to 25 years Up to 150/160 additional hours (20 days)

Over 25 years Up to 195/208 additional hours (26 days)

b. During the initial 20 days (150/160 hours) of absence, paid annual and/or unpaid

leave shall be used and may include leave provided under Section 4 above. The additional sick

family leave allowance must be used prospectively, and may not be retroactively charged for any

of the initial 20 days (150/160 hours). A separate 20 day (150/160 hour) requirement must be

met for each different serious health condition and/or family member and for each calendar year,

even if not all of the additional days were used during the previous calendar year.

c. The initial 20 days (150/160 hours) of absence may be accumulated and the

additional leave may be used on an intermittent basis.

d. Proof of the family member’s serious health condition as defined by the Family

and Medical Leave Act must be provided on the Commonwealth’s Serious Health Condition

Certification form. Proof may be required for each absence during the 20 day (150/160 hour)

period and subsequent additional sick family leave period.

e. Family member, for the purposes of this Section, is defined as the following

persons: husband, wife, child, step-child, foster child or parent of the employee or any other

person qualifying as a dependent under IRS eligibility criteria.

Section 6. Employees may use up to five days of sick leave for the death of the employee’s

spouse, parent, stepparent, child, or stepchild and up to three days of such leave may be used for

the death of the following relatives of the employee: brother, sister, grandparent, step-grandparent,

grandchild, step-grandchild, son- or daughter-in-law, brother- or sister-in-law, parent-in-law,

grandparent-in-law, aunt, uncle, foster child, step-sister, step-brother, niece, nephew, or any

relative residing in the employee's household.

Section 7. a. Employees who retire as defined in Article 25, Section 6, shall be paid for

their accumulated unused sick leave in accordance with the schedule below if they retire under the

conditions set forth in Subsection b.

Days Available Percentage Maximum

at Retirement Buy-Out Days

0 - 100 30% 30

101 - 200 40% 80

201 - 300 50% 150

over 300 (in last 100% of days 11

year of employment) over 300

b. Eligibility for payment of accumulated unused sick leave under Subsection a. is as

follows:

(1) Superannuation retirement (as defined in Article 25, Section 6) with at least five

years of credited service; or

(2) Eligible for the Retired Employees Health Program under Article 25, Section 6.e.;

(3) After 7 years of service, death prior to retirement or separation of service except as

provided in Section 8.

c. Such payments shall not be made for part days of accumulated sick leave.

d. No payments under this Section shall be construed to add to the credited service

of the employee or to the retirement covered compensation of the employee.

e. Effective as soon as practically and legally possible, the Commonwealth will

adopt a tax-qualified Leave Payout Plan. All employees who attain age 55 before or during the

calendar year they separate from service after adoption of the Leave Payout Plan shall have the

leave payouts otherwise payable for accumulated and unused Annual Leave, Compensatory

Leave, Holiday Leave and Sick Leave, up to the maximum allowable by law, deposited in an

account in the employee’s name, provided however that if the total amount of leave payout is

$5000 or less, this amount shall be paid to the employee in cash. Amounts in excess of the

maximum allowable amount will be paid to the employee in cash.

In the event that any participant (in the leave payout plan) also participates in the

Pennsylvania State System of Higher Education Alternative Retirement Plan (the “ARP”),

contributions to this (leave payout) plan shall be allowed for any plan year only to the extent such

contributions will not cause the limitations contained in Code Sections 402(g), 414(v) or 415 to be

exceeded for the plan year when such contributions are aggregated with contributions made to the

ARP on behalf of the participant.

Section 8. When an employee dies as the result of a work-related accident or injury, the

Commonwealth will pay 100% of the employee's unused sick leave unless the surviving spouse or

minor children are entitled to benefits under Act 101 of 1976 in which case, the Commonwealth

will pay 30% of the employee's unused sick leave up to 90 days. Such payments shall not be made

for part days of accumulated sick leave.

Section 9. The provisions of Section 1 of this Article shall not apply to temporary employees

unless such employees have worked 750 regular hours by the end of the last full pay period in each

calendar year. It is understood that this Section does not apply to furloughed employees who,

during their recall period, return to the Employer's payroll in a temporary capacity.

Section 10. Employees on leave without pay for the purposes provided for in Article 17,

Sections 2.b. and 3 shall have that time included in regular hours paid for the purpose of earning

sick leave entitlement in accordance with Section 1 above, provided, however, such leave without

pay does not exceed six (6) weeks per employee per year.

Section 11. In no event shall an Energy Assistance Worker be entitled to utilize sick leave

while in no pay status. An Energy Assistance Worker who is not re-employed within 14 calendar

days of being placed in no pay status may be paid for accumulated sick leave earned, provided

he/she is either hospitalized or is disabled following hospitalization for no less than the equivalent

of five working days, and provides appropriate medical documentation, consistent with current

practices. Any hours paid shall not count for seniority purposes, benefits calculation or leave

earnings, nor shall such hours paid entitle the Energy Assistance Worker to any holiday pay.

Payment shall be calculated based on the hourly rate in effect at the time the Energy Assistance

Worker was placed in no pay status. Payment for these initial or subsequent requests for accrued

sick leave shall be for no less than 37.5 hours each.

Section 12. For the purpose of this Article, the calendar year shall be defined as beginning with

the employee's first full pay period commencing on or after January 1 and continuing through the

end of the employee's pay period that includes December 31.

Section 13. Permanent employees who have one or more years of service since their last date of

hire may anticipate sick leave to which they become entitled during the then current calendar year

unless the Employer has reason to believe that the employee has been abusing the leave privilege.

Permanent employees with less than one year of service since their last date of hire may anticipate

up to three (3) days of sick leave to which they become entitled during the then current calendar

year. An employee who anticipates such leave and who subsequently terminates employment shall

reimburse the Employer for leave used but not earned.

Section 14. Permanent employees who have more than one year of service since their most

recent date of hire and use no sick leave during the first half (first thirteen (13) pay periods) of

the leave calendar year shall earn one-half day (3.75 or 4.0 hours) of annual leave in addition to

those earned under Article 13, Sections 1.c. and 1.d. Permanent employees who have more than

one year of service since their most recent date of hire and use no sick leave during the second

half (last thirteen (13) or fourteen (14) pay periods, depending on the number of pay periods in

the leave calendar year) of a leave calendar year shall earn one-half day (3.75 or 4.0 hours) of

annual leave in addition to those earned under Article 13, Sections 1.c. and 1.d. Leave earned

will be available for use in the pay period following the pay period in which it was earned.

Sick bereavement leave used will not be counted; however, all other types of paid sick

leave; unpaid sick leave used under Article 18; and paid and unpaid leave used for work-related

injuries shall count as sick leave for this section.

ARTICLE 13

ANNUAL LEAVE

Section 1. a. Employees shall be eligible for annual leave after 30 calendar days of

service with the Employer in accordance with the following schedule:

Leave Service Credit Maximum Annual Leave

(Includes all periods of Entitlement Per Year

Commonwealth Service)

Up to 3 Years:

Annual Leave will be 37.5 Hr. Workweek: 82.5 Hrs. (11 days)

Earned at the rate of 40 Hr. Workweek: 88 Hrs. (11 days)

4.24% of all Regular

Hours Paid

Over 3 Years to 15 Years Inclusive:

Annual Leave will be 37.5 Hr. Workweek: 142.5 Hrs. (19 days)

Earned at the rate of 40 Hr. Workweek: 152 Hrs. (19 days)

7.32% of all Regular

Hours Paid

Over 15 Years:

Annual Leave will be 37.5 Hr. Workweek: 180 Hrs. (24 days)

Earned at the rate of 40 Hr. Workweek: 192 Hrs. (24 days)

9.24% of all Regular

Hours Paid

b. Employees hired before July 1, 2011 with over 25 years of Commonwealth

service are eligible to earn annual leave in accordance with the following schedule.

Over 25 Years:

Annual Leave will be 37.5 Hr. Workweek: 225 Hrs. (30 days)

Earned at the rate of 40 Hr. Workweek: 240 Hrs. (30 days)

11.55% of all Regular

Hours Paid

c. Regular Hours Paid as used in this Article include all hours paid except overtime,

standby time, call-time, and full-time out-service training.

d. Employees shall be credited with a year of service for each 26 pay periods

completed in an active pay status, provided they were paid a minimum of one hour in each pay

period.

e. Employees may be eligible for up to one additional annual leave day to be earned

at the beginning of the next leave calendar year provided the requirements of Article 12, Section

14 are met.

Section 2. Vacation pay shall be the employee's regular straight time rate of pay in effect for

the employee's regular classification.

Section 3. a. Vacations shall be scheduled and granted for periods of time requested by

the employee subject to management's responsibility to maintain efficient operations. Management

shall not unreasonably deny such requests based on arbitrarily established numerical formulas. If

the nature of the work makes it necessary to limit the number of employees on vacation at the same

time, the employee with the greatest Bargaining Unit seniority with the Employer shall be given

his/her choice of vacation periods in the event of any conflict in selection. Where reasonable

opportunities are available for selection of vacations on a seniority basis, approved requests shall

not be revoked if a conflict in selection develops after the selection period.

b. Requests for up to four days per year of emergency annual leave shall not be

unreasonably denied with the understanding that an employee may be required to substantiate the

emergency nature of the request and that further, it may be necessary, in order to accommodate

the emergency, to reschedule requests of other employees for holiday, compensatory and/or

annual leave not scheduled during the selection period.

c. Requests for full day (7.5 or 8 hours) of unscheduled, extraordinary annual leave

will be reviewed for approval. Employees will not be required to substantiate the need for the

extraordinary absence; however, absence requests may be denied if such absence would create

significant or serious operational impacts. Unscheduled, extraordinary annual leave is limited to

two days per calendar year (15.0 or 16.0 hours), and the first two days of such unscheduled

absences will be recorded as extraordinary annual leave and be deducted from the four days of

emergency annual leave permitted in subsection b. above.

An employee on an alternate work schedule may request and receive approval for

extraordinary annual leave for a workday other than a 7.5 or 8 hour shift. In such instance, the

entire shift shall be considered as extraordinary annual leave as long as the employee has a

sufficient number of hours in his/her 15.0 or 16.0 hour allotment to cover the absence. Use of

extraordinary annual leave on workdays for which there is an insufficient number of hours in the

allotment to cover the full alternate work schedule shift will be limited to the available number of

such hours.

d. An employee’s request for an annual leave day on the employee’s birthday

received in writing at least 45 calendar days prior to the employee’s birthday shall be approved.

An employee shall be allowed to anticipate the earning requirement in Section 1 above, for an

annual leave day used on the employee’s birthday. If an employee’s birthday falls on a day other

than a regularly scheduled work day, the employee will be permitted to schedule an annual leave

day in accordance with this Section either the work day immediately before or after the birthday.

Section 4. a. If a holiday occurs during the work week in which vacation is taken by an

employee, the holiday shall not be charged to annual leave.

b. A temporary employee shall be permitted, upon request, to use up to a full shift

of accrued annual leave on a holiday that the temporary employee is not scheduled to work

provided the use of accrued annual leave does not result in the employee receiving more than

37.5/40.0 hours in a work week.

Section 5. An employee who becomes ill during his/her vacation will not be charged annual

leave for the period of illness provided he/she furnishes satisfactory proof of such illness to the

Employer upon his/her return to work.

Section 6. Employees separated from the service of the Employer for any reason prior to

taking their vacation, shall be compensated in a lump sum for the unused vacation they have

accumulated up to the time of separation.

Effective as soon as practically and legally possible, the Commonwealth will adopt a tax-

qualified Leave Payout Plan. All employees who attain age 55 before or during the calendar

year they separate from service after adoption of the Leave Payout Plan shall have the leave

payouts otherwise payable for accumulated and unused Annual Leave, Compensatory Leave,

Holiday Leave and Sick Leave, up to the maximum allowable by law, deposited in an account in

the employee’s name, provided however that if the total amount of leave payout is $5000 or less,

this amount shall be paid to the employee in cash. Amounts in excess of the maximum allowable

amount will be paid to the employee in cash.

In the event that any participant (in the leave payout plan) also participates in the

Pennsylvania State System of Higher Education Alternative Retirement Plan (the “ARP”),

contributions to this (leave payout) plan shall be allowed for any plan year only to the extent such

contributions will not cause the limitations contained in Code Sections 402(g), 414(v) or 415 to be

exceeded for the plan year when such contributions are aggregated with contributions made to the

ARP on behalf of the participant.

Section 7. Unused annual leave shall be carried over from one calendar year to the next

provided that in no case shall the amount thus carried over exceed 45 days. However, employees

will be permitted to carry over annual leave in excess of the 45 day limit into the first seven (7) pay

periods of the next calendar year. Any days carried over in accordance with this Section which are

not scheduled and used during the first seven (7) pay periods of the next calendar year will be

converted to sick leave, subject to the 300 day limitation contained in Article 12, Section 2.

Scheduling of those days carried over shall be in accordance with Section 3 above.

Section 8. If an employee is required to return to work after commencement of a prescheduled

vacation, the employee shall be compensated at one and one-half times the employee's regular

hourly rate of pay for all hours required to work on the prescheduled vacation day or days. The

employee shall be permitted to reschedule such vacation day or days in accordance with Section 3.

Section 9. The provisions of Section 1 of this Article shall not apply to temporary employees

unless such employees have worked 750 regular hours by the end of the last full pay period in each

calendar year. It is understood that this Section does not apply to furloughed employees who,

during their recall period, return to the Employer's payroll in a temporary capacity.

Section 10. Employees on leave without pay for the purposes provided for in Article 17,

Sections 2.b. and 3 shall have that time included in regular hours paid for the purpose of earning

vacation leave entitlement in accordance with Section 1 above; provided, however, such leave

without pay does not exceed six (6) weeks per employee per year.

Section 11. An employee who is furloughed and is not employed in another position within 14

calendar days of the effective date of furlough will receive a lump sum payment for all earned,

unused annual leave unless the employee requests in writing before the end of the 14 calendar days

to freeze all earned, unused annual leave.

An employee may subsequently change a decision to freeze the earned, unused annual

leave by submitting a written request for a lump sum payment for the annual leave.

Payment will be made within 35 days of the date on which the request is received by the

Employer, and will be at the rate of pay in effect on the last day of employment prior to the date of

furlough.

If the employee is reemployed during the furlough recall period, annual leave which was

frozen will be reinstated. If the employee is not reemployed prior to the expiration of the furlough

recall period, the employee shall be paid off in lump sum for all frozen earned, unused annual

leave at the rate of pay in effect on the last date of employment prior to the date of furlough.

Section 12. a. In no event shall Energy Assistance Workers be entitled to utilize annual

leave during periods of no pay status. In the event an Energy Assistance Worker is placed in no

pay status on a pre-scheduled annual leave day, the Energy Assistance Worker shall not be

permitted to use annual leave for that day, but shall be permitted to either reschedule the annual

day or carry over such leave. If annual leave must be rescheduled under this Section, but cannot be

rescheduled during the calendar year, the calendar year shall be extended for seven (7) pay periods

for rescheduling purposes. Any days carried over in accordance with this Subsection in excess of

the 45 day limit which are not scheduled and used during the first seven (7) pay periods of the next

calendar year or which are not used prior to placement in no pay status, whichever is sooner will be

converted to sick leave, subject to the 300 day limitation contained in Article 12, Section 2.

Scheduling of those days carried over shall be in accordance with Section 3 above.

b. Energy Assistance Workers who are placed in no pay status and are not recalled

within 14 calendar days of the effective date of being placed in no pay status may elect at the

expiration of the 14 calendar day period, to be paid for any accumulated annual leave which they

have earned. Any hours paid shall not count for seniority purposes, benefits calculation or leave

earnings. Nor shall such pay-out be used to "bracket" a holiday so as to incur the payment of

holiday pay. The payment hereunder shall be calculated based on the hourly rate in effect at the

time the Energy Assistance Worker was placed in no pay status. If the Energy Assistance

Worker does not elect to be paid for accumulated annual leave earned, the Energy Assistance

Worker’s accumulated annual leave shall be frozen until his or her return to active pay status.

Energy Assistance Workers who are placed in no pay status and are not reemployed during

the subsequent LIHEAP program year may access accrued annual leave as outlined in b. above. If

the Energy Assistance Workers do not request to be paid for their accumulated annual leave by

submitting a written request to their local human resource officer by July 15, the leave shall be

frozen until their return to active status or separated from employment.

Section 13. For the purpose of this Article, the calendar year shall be defined as beginning with

the employee's first full pay period commencing on or after January 1 and continuing through the

end of the employee's pay period that includes December 31.

Section 14. Permanent employees who have one or more years of service since their last date of

hire may anticipate annual leave to which they become entitled during the then current calendar

year unless the Employer has reason to believe that the employee has been abusing the leave

privilege. Permanent employees with less than one year of service since their last date of hire may

not anticipate annual leave. Permanent employees with less than one year of service may, at the

Employer’s discretion, anticipate up to one day (7.5 or 8.0 hours) of annual leave before it is

earned. An employee who is permitted to anticipate such leave and who subsequently terminates

employment shall reimburse the Employer for leave used but not earned.

Section 15. Effective January 2025, employees will be permitted to sell back up to a maximum

of three (3) accrued annual leave days per year, provided their accrued annual leave balance,

including future dated absences, remains at a minimum of 20 days after the sell back occurs. The

sell back opportunity will occur once per year, between January 1 and January 31. Leave must be

sold back in full day increments, with employees on 37.5 hour weekly schedules able to sell back

7.5 hour daily increments and employees on 40 hour weekly schedules able to sell back 8 hour

daily increments.

ARTICLE 14

LEAVES OF ABSENCE

Section 1. All time that an employee is absent from work shall be appropriately charged. This

shall not affect the current practice of allowing employees to schedule medical appointments

during work hours, provided such absences are charged to an appropriate leave.

Section 2. Where a state civil service examination is not readily available during an

employee's non-working time, a permanent full-time employee shall be granted administrative

leave with pay to take such examination which is scheduled during his/her regular work hours at

the nearest location subject to management's responsibility to maintain efficient operations.

Employees shall only be entitled to leave for this purpose on two occasions during the calendar

year. Such leave shall not exceed the employee's normal work shift or the time necessary to travel

to and from the examination and to take the examination, whichever is lesser. Employees shall not

be eligible for travel expenses under this Section.

Energy Assistance Workers shall be entitled to such leave provided they are in an active

pay status and scheduled to work on the day the civil service examination is scheduled.

Section 3. All requests for leave must be submitted in writing to the employee's immediate

supervisor and shall be answered in writing promptly. Requests for emergency type leaves shall be

answered before the end of the shift on which the request is made. Except for such emergency

type leaves, the time when leave is taken is within the discretion of the Employer.

Requests for any type of leave to which an employee is entitled under this Agreement and

which is not to exceed one month shall be answered by the Employer within five days. If the

requested leave is in excess of one month, the request shall be answered within 10 days.

Section 4. Employees shall be granted up to two (2) hours of administrative leave per calendar

year quarter to donate blood.

Section 5. Permanent and non-permanent employees, excluding annuitants, who are in an

active pay status will be authorized to use up to two (2) hours total of paid leave per calendar year

for the purpose of exercising their right to vote in a Primary, General or Special Election. Such

leave shall be available for employees to complete and/or submit a mail-in ballot or to vote in

person and shall be called Voting Leave (VOTE). This leave shall be subject to supervisory

approval based on management’s responsibility to maintain efficient operations. It is understood

that this leave is inclusive of any travel associated with voting.

The timeframe during which leave may be used for each election shall be determined by

the election calendar published by the Department of State. Voting leave shall not count, in whole

or in part, as credited service time or income for retirement purposes under the State Employees

Retirement Code; however, it shall be regarded as hours worked for the purpose of computing

overtime pay.

This section shall only apply to agencies under the Governor’s jurisdiction.

Section 6. For the purpose of this Article, the calendar year shall be defined as beginning with

the employee's first full pay period commencing on or after January 1 and continuing through the

end of the employee's pay period that includes December 31.

ARTICLE 15

CIVIL LEAVE

Section 1. The Employer recognizes the responsibility of its employees to fulfill their civic

duties as jurors and witnesses in court proceedings. The Employer agrees therefore to grant civil

leave with pay to permanent employees:

a. Who have not volunteered for jury duty and are called for jury duty; or

b. Who are not a party in a civil or criminal court proceeding, but are subpoenaed as

a witness to attend such a court proceeding.

Civil leave shall be granted for the period of time (including reasonable travel time) when

the employee's regularly scheduled work is in conflict with the required court attendance time. An

employee shall be eligible to receive a maximum of one (1) day's pay at their regular straight time

rate (one (1) full shift) for each day of required court attendance.

If an employee works a second or third shift and their hours of work are not in conflict with

the required court attendance time, the employee shall be granted civil leave equal to the required

court attendance time plus reasonable travel time up to a full shift for each day of the required

court attendance during either their regular shift immediately preceding or subsequent to the court

appearance.

Evidence of such civil duty in the form of a subpoena or other written notification shall be

presented to the employee's immediate supervisor as far in advance as possible.

Section 2. Permanent employees who are subpoenaed as witnesses or who are parties in the

following administrative hearings shall be granted leave with pay while attending such hearings:

Unemployment Compensation Board of Review Referee, Workers’ Compensation Judge, and

Workers’ Compensation Appeal Board.

Permanent employees who are subpoenaed as witnesses before the State Civil Service

Commission or Pennsylvania Human Relations Commission shall be granted leave with pay while

attending such hearings.

Evidence of such duty in the form of a subpoena or other written notification shall be

presented to the employee's immediate supervisor as far in advance as practicable.

Section 3. The term "court" as used in this Article is intended to mean only the following

courts: Minor Judiciary Court, Courts of Common Pleas, Commonwealth Court, United States

District Court and a Grand Jury.

Section 4. a. Permanent employees, while performing fire fighting duties, fire police

duties, emergency medical technician duties, civil air patrol activities or emergency management

rescue work during a fire, flood, hurricane or other disaster, may be granted leave with pay.

Certified Red Cross disaster relief volunteers may be granted leave with pay to perform disaster

relief work for the Red Cross throughout the United States during a state of emergency as declared

by that state’s Governor.

b. Volunteer participation in fire fighting activities, fire police duties, emergency

medical technician activities, civil air patrol activities, emergency management rescue work or

disaster relief work for the Red Cross shall require the prior approval of the agency head.

Employees absent from work for reasons under Subsection a. of this Section shall be required to

obtain a written statement from the fire company, forest unit, emergency management agency, or

other organization with which they served, certifying as to their activities during the period of

absence.

Section 5. An Energy Assistance Worker in the Department of Human Services who works

950 hours or more in the last full fiscal year preceding the date in which Civil Leave is to be taken

shall be entitled to Civil Leave as per the provisions of this Article. For the purpose of this

Section, only straight-time compensable hours shall be counted as hours worked.

When an Energy Assistance Worker in the Department of Human Services is required to be

absent from scheduled work to fulfill civic duties as outlined in Sections 1 and/or 2, but the

employee is not eligible for paid civil leave and is granted leave without pay, such employee shall

receive seniority credit during the absence.

ARTICLE 16

MILITARY LEAVES

Employees shall be eligible for military leave as provided as follows:

Section 1. Military Reserve

a. All permanent employees of the Commonwealth who are members of reserve

components of the Armed Forces of the United States shall be entitled to military leave with

compensation for all types of training duty ordered or authorized by the Armed Forces of the

United States. Such training duty may either be active or inactive duty training and shall include

but is not limited to:

(1) Annual active duty for training.

(2) Attendance at service schools.

(3) Basic Training.

(4) Short tours of active duty for special projects.

(5) Attendance at military conferences and participating in any command post exercise

or maneuver which is separate from annual active duty for training or inactive duty

training.

b. For military training duty as provided for in Subsection a., the maximum military

leave with compensation is l5 working days per calendar year.

c. The rate of compensation for a military leave day shall be the employee's regular

rate of compensation for the employee's regular classification.

Section 2. Pennsylvania National Guard

a. In accordance with the Military Code as amended by Act 92 of l975, and Act 174

of 1990, all permanent employees of the Commonwealth who are members of the Pennsylvania

National Guard shall be entitled to military leave with compensation for all types of training duty

(active and inactive) or other military duty ordered or authorized by the Armed Forces of the

United States. Such duty shall include but is not limited to:

(1) Annual active duty for training.

(2) Attendance at service school.

(3) Basic training.

(4) Short tour of active duty for special projects.

(5) Attendance at military conferences and participating in any command post exercise,

or maneuver which is separate from annual active duty for training or inactive duty

training.

(6) Other military duty.

b. For military training duty as provided for in Subsection a., the maximum military

leave with compensation is l5 working days per calendar year.

c. Military leaves with compensation shall also be granted to members of the

Pennsylvania National Guard on all working days during which, as members of the Pennsylvania

National Guard they shall be engaged in the active service of the Commonwealth as ordered by

the Governor when an emergency in the Commonwealth occurs or is threatened or when tumult,

riot or disaster shall exist or is imminent.

d. The rate of compensation for a military leave day shall be the employee's regular

rate of compensation for the employee's regular classification.

Section 3. General

a. Employees of the Commonwealth who leave their jobs for the performance of

duty, voluntarily or involuntarily, in any branch of the Armed Forces of the United States, any of

its Reserve components or any of its National Guard components, or the commissioned corps of

the Public Health Service for the purpose of training or service must be granted military leave

without pay. The provisions of Section 3 through Section 6 are consistent with Chapter 43, Part

III, of Title 38 United States Code and Military Code, 51 Pa. C.S. §7301.

b. Employees who are on military leave without pay shall have their duties

performed either by remaining employees and their positions kept vacant or by temporary

substitutes.

Section 4. Granting, Duration and Expiration

a. Military leave without pay must be granted for the following military services:

(1) For all active duty (including full-time National Guard duty).

(2) For initial active duty for training.

(3) For other active or inactive military training duty. Employees who

volunteer for additional duty not required as part of routine training shall provide

four weeks’ notice if possible to their immediate supervisor prior to the

commencement of such duty.

Employees are required to provide their supervisor with notice of approval for additional

military duty, not required as a part of routine reserve training, as soon as it is approved and

provide their supervisor with a copy of the orders as soon as the employees receive orders to that

effect.

b. Military leave without pay is available for five years plus any involuntary service

during wartime or national emergency. The five years is cumulative throughout employment

with the Commonwealth.

c. Military leave without pay shall expire:

(1) For periods of more than 180 days, no more than 90 days after the

completion of the service.

(2) For periods of service of more than 30 days but less than 181 days, no more

than 14 days after the completion of the service.

(3) For periods of service that were less than 31 days, the first full regularly

scheduled work period following the period of service or up to eight hours after an

opportunity to return from the place of service to the employee's home.

(4) For periods of hospitalization or convalescence from illness or injury

incurred during the period of service, up to two years after the period of service or

when recovered, whichever occurs sooner.

(5) For circumstances beyond an employee's control, the above periods may be

extended upon demonstration of such circumstance.

Section 5. Reemployment

Employees have the right to return to employment at the time of or prior to the expiration

of military leave upon notifying the agency head of the desire and availability to return to

Commonwealth service, provided the following are met:

a. The employee is capable of performing the essential functions of the position.

b. For temporary employees, the temporary position has not yet expired.

c. For periods of service delineated in Section 4.c. (1) and (4), written application for

reemployment is provided to the agency head.

Section 6. Seniority Rights

An employee who returns to employment at the time of or prior to the expiration of

military leave shall be given such status in employment as would have been enjoyed if

employment had been continuous from the time of entrance into the Armed Forces.

Section 7. Retirement Rights

Employees who are granted military leave may, under conditions provided in the Military

Code (5l P.L. 7306) and Chapter 43, Part III of Title 38 United States Code and in accordance with

procedures prescribed by the State Employees' Retirement Board and the Public School

Employees' Retirement Board, choose either to continue or discontinue making regular payments

into their retirement accounts.

Section 8. Loss of Benefits

Employees who are separated from the service by discharge under other than honorable

conditions, bad conduct, or dishonorable discharge, shall not be entitled to any of the benefits of

Section 3 through Section 9 of this Article (relating to Military Leaves Without Pay) except such

vested rights as they may have acquired thereto by virtue of payments into their retirement

accounts.

Section 9. Physical Examination

Employees shall be granted one day’s leave with pay for the purpose of undergoing any

physical examination that may be required in connection with entering the Armed Forces. An

extension of such paid leave, not exceeding two additional days, may be approved by the agency if

the employee certified in writing that more than one day is required to complete the examination.

Section 10. For the purpose of this Article, the calendar year shall be defined as beginning with

the employee's first full pay period commencing on or after January 1 and continuing through the

end of the employee's pay period that includes December 31.

Section 11. It is understood by the parties that the Commonwealth will provide Military Leave

in accordance with applicable Federal and State laws inclusive of the Uniformed Services

Employment and Reemployment Act of 1994 (Title 38 of the United States Code, Chapter 43).

ARTICLE 17

LEAVES OF ABSENCE WITHOUT PAY

Section 1. Employees may be granted leaves without pay at the sole discretion of the

Employer for any reason for a period not to exceed two years.

Section 2. a. Employees who are elected or appointed as Union officials or

representatives shall, at the written request of the employee, be granted leaves without pay for the

maximum term of office, not to exceed three years. Such leaves may be renewed or extended by

written mutual consent of the Union and the Employer.

b. Union members who are Commonwealth employees and are elected or appointed

as part-time Union officials or representatives shall be granted leave without pay for Union

business without loss of seniority credit.

For these purposes, the Union shall have available a pool of 550 days per contract year.

Such leave shall be granted at the written request of the Union to the employee's Agency

Labor Relations Department. Requests must be received by the Agency seven calendar days prior

to the date(s) involved. Approval of such leave is subject to Management's responsibility to

maintain efficient operations; however, Management shall not unreasonably deny such leave.

Information on each request shall include employee's name, work location, job classification/title

and date(s) being requested.

Additional time off without pay for Union business may be granted at the sole discretion of

the Employer.

The provisions of this Subsection shall apply to Energy Assistance Workers and such

employees shall receive seniority credit provided the Energy Assistance Worker was in

compensable status the day before, and the day, the leave without pay is utilized in accordance

with this Section.

First-level supervisory employees represented by the Union shall be allowed to use leave

without pay in accordance with this Subsection. However, the application of the provisions of this

Subsection to first-level supervisory employees shall not be subject to arbitration under this

Agreement.

Section 3. Union officials or elected delegates shall be granted, subject to management's

responsibility to maintain efficient operations, up to six weeks leave without pay each year

without loss of seniority credit where such time is necessary to enable them to attend official

Union conventions or conferences. Employees may use accrued annual leave for this purpose in

lieu of leave without pay.

The following shall be recognized as official Union conferences or conventions:

SEIU National Convention - Conferences

SEIU Public Employee Convention - Conferences

SEIU Women’s Conference

SEIU Pa. State Council Convention - Conferences

SEIU Health Care Conventions - Conferences

AFL-CIO State Convention - Conference

CLUW State Convention - Conference

CBTU State Convention - Conference

AFL-CIO Legislative/Newspaper/COPE - Conferences

AFL-CIO Regional Conference

AFL-CIO George Meany School - Conferences

SEIU Regional Conferences - Training

Local 668 Executive Board Meetings

Local 668 Officer Training

Local 668 Legislative Conference

Local 668 Health & Safety Conference

Local 668 Meet & Discuss Training

Local 668 Grievance Training

Local 668 Health Care Training

Local 668 Convention

Local 668 Leadership Skills Conference

A. Phillip Randolph Conference

Requests for leave without pay with seniority credit for Union officials or elected delegates

will be forwarded to the Bureau of Employee Relations, Office of Administration, by the Union

not less than three weeks prior to the date of each convention or conference. Each request will

contain the name, classification, department and work location of the Union official or delegate in

addition to the name of the conference or convention.

Section 4. In those cases where an employee relocates from one geographical work location to

another for Commonwealth employment, the employee will be entitled, upon request, to a leave of

absence without pay for up to five days. Such requests shall be approved subject to management's

responsibility to maintain efficient operations.

Section 5. After completing one year of service, an employee may be granted a leave of

absence without pay at the sole discretion of the Employer for educational purposes. Such leave

shall not exceed one year and shall not be granted more than once every four years. Where an

employee has been granted an approved leave of absence without pay for educational purposes the

employee will have the right to return, upon the expiration of such approved leave of absence

without pay for educational purposes, to a position in the same or equivalent classification within

the agency, subject to the furlough provisions of Article 29, Seniority.

ARTICLE 18

FAMILY AND MEDICAL LEAVE ACT (FMLA) LEAVE

Section 1. General

a. After completing one year of service, a permanent employee shall be granted up

to 12 weeks of FMLA leave with benefits, on a rolling twelve month year basis, provided the

employee has at least 1250 hours of actual work time within the twelve months preceding the

commencement of the leave. Leave under this Section may be approved on an intermittent,

reduced-time, or full-time basis. A permanent part-time employee shall be granted the 12 week

entitlement provided by this Subsection if the employee has at least 900 hours of actual work

time within the twelve months preceding the commencement of the leave; the entitlement will be

pro-rated based on the employee’s percentage of full-time regular hours worked.

b. FMLA leave shall be granted for the following reasons:

(1) when the illness or disability is due to an employee’s serious health

condition;

(2) when attending to the medical needs of a spouse, parent, son or daughter or

other person qualifying as a dependent who has a serious health condition;

(3) when becoming parents through childbirth or formal adoption or placement

of a child with an employee for foster care;

(4) when a qualifying exigency event related to a family member who is a

military servicemember occurs; or,

(5) when an employee attends to the serious injury or illness of a covered

servicemember or veteran who is a family member.

If the leave is for a military caregiver under (5) above, 26 weeks of leave within a single 12

month period is provided and other FMLA leave used does not reduce this entitlement. For FMLA

leave due to reasons (1), (2), (3), or (4) above, one aggregate 12 week entitlement is provided.

c. Upon request of a permanent employee, an extension of up to an additional nine

months of leave without pay shall be granted for the following reasons:

(1) employee sickness upon receipt of proof of continuing illness or disability;

(2) family care reasons upon receipt of proof of continuing illness or disability

of the family member and need to care for the family member;

(3) parental reasons.

The extension shall be with benefits for the first 13 weeks (91 calendar days) and shall be

without benefits for the remainder of the extension. Such extensions shall be contiguous to the

termination of the 12 week entitlement. It shall not be used on an intermittent or reduced-time

basis, except as provided under Section 1.f.

d. Upon request, up to 13 weeks (91 calendar days) of leave without pay with

benefits may be granted to a permanent employee with less than one year of employment,

provided the absence is at least two consecutive weeks in duration; however, only one occasion

within a twelve month rolling year may be approved.

e. This Article shall not apply to a compensable work-related injury. For non-

compensable workers’ compensation claims, Subsection 1.a. of this Article applies. When the

employee does not meet eligibility requirements for leave under Subsection 1.a. of this Article,

up to 13 weeks (91 calendar days) of leave without pay with benefits may be granted.

f. Intermittent or reduced-time FMLA leave may be approved for absences after the

12 week entitlement when due to a catastrophic illness or injury of the employee that poses a

direct threat to life or to the vital function of major bodily systems or organs, and would cause

the employee to take leave without pay or terminate employment. All accrued and anticipated

leave must be used before granting leave without pay under this Subsection. Such leave without

pay used will run concurrently with and reduce the entitlement.

Section 2. Granting Leave

a. An employee shall submit written notification to their immediate supervisor

stating the anticipated duration of the leave at least two weeks in advance if circumstances

permit, in accordance with the following:

(1) For an employee with a serious health condition, proof of illness or

disability in the form of a doctor’s certificate which shall state a prognosis

and expected date of return is required.

(2) For an employee caring for family members, documentation supporting the

need for care is required.

(3) For an employee who becomes a parent, documentation is required and

FMLA leave shall begin whenever the employee requests on or after the

birth, adoption or foster care placement; however, it may be used prior to

the date of custody or placement when required for adoption or placement

to proceed, and no FMLA leave shall be granted beyond one year from the

date of birth, of assuming custody of an adopted child or of placement of a

foster child.

b. In no case shall an employee be required to commence FMLA leave sooner than

he/she requests, unless the employee can no longer satisfactorily perform the duties of their

position.

Section 3. Re-employment

a. A permanent employee shall have the right to return to the same position in the

same classification, or to an equivalent position with regard to pay and skill, as the position

he/she held before going on leave for absences under Section 1.a. and the first 14 weeks of leave

as described under Section 1.c.

b. Upon the expiration of the re-employment rights under Subsection a. or

Subsection c., and upon written request to return to work, a permanent employee shall be offered

a position in the same classification and seniority unit for which a vacancy exists and to which

there are no seniority claims and which the agency intends to fill. If such a position is not

available, the employee shall be offered, during the remainder of the extension period, any

position in the same classification, in a lower classification in the same classification series, or a

position previously held, within the same geographical/organizational limitation as the seniority

unit, for which a vacancy exists and to which there are no seniority claims and which the agency

intends to fill. If the employee refuses an offer of a position in the same classification, the

employee's rights under this Section shall terminate. If the employee accepts a position in a

lower classification or a position previously held, the employee will be offered a position in the

same classification if there is a vacancy in that classification during the remainder of the

entitlement in the seniority unit, provided there are no seniority claims to the position, and the

agency intends to fill the position.

In those instances in which a seniority unit includes several work sites, it is understood that

an employee’s right to reemployment as set forth in this section will be to a position at the work

site in which the employee was assigned to work prior to the FMLA leave for absences under

Section 1.a., providing that a position in the employee’s classification continues to exist at the

work site and further provided that the employee is not subject to a transfer or furlough as provided

for in Article 29.

c. Employees who use 26 weeks or more of paid leave (12 weeks of leave under

Section 1.a. and the first 14 weeks of leave under Section 1.c.) and who return to work before or

upon the exhaustion of the paid leave will have the same return rights as described in Subsection

a., Return Rights after paid leave is exhausted, if the absence is more than 26 weeks (12 weeks of

leave under Section 1.a. and the first 14 weeks of leave under Section 1.c.) are in accordance

with Subsection b.

Section 4. Seniority Rights

Upon return from FMLA leave, a permanent employee shall retain all seniority and

pension rights that had accrued up to the time of leave. Seniority shall continue to accrue during

FMLA leave under Section 1.a., and during the extension period under Section 1.c.

Section 5. Annual, Sick, Compensatory and Holiday Leave

a. An employee using FMLA leave for military exigencies or military caregiving,

must use all applicable, accrued paid leave types upon commencement of FMLA leave. For all

other FMLA leave, an employee shall be required to use all applicable accrued paid sick leave

(sick family or additional sick family for family care reasons) as certified by a health care

provider upon commencement of FMLA leave, except as provided in Subsection b. below. An

employee shall not be required to use annual, compensatory or holiday leave upon the

commencement of FMLA leave. If any paid leave is used, it will run concurrently with and

reduce the entitlements under Sections 1.a. and 1.c. of this Article. Unused leave shall be carried

over until return. An employee shall not earn annual, and sick leave while on leave without pay.

Holidays will be earned based on Article 10, Holidays.

b. An employee may choose to retain up to ten days of accrued sick leave. The

choice to retain or not retain sick leave cannot be made retroactively, and saved days will be

measured based on accrued sick leave available at the commencement of the absence. Saved

days may be used during the 12 week entitlement as certified by a physician; such sick leave

used will run concurrently with and reduce the entitlement. Days saved and requested for

intermittent or reduced-time absences for periods less than two consecutive weeks after the first

12 week entitlement will be reviewed for approval under the provisions of Article 12; such use

will not be counted against the FMLA entitlement.

c. An employee who has accrued more than 12 weeks of paid leave is not limited to

12 weeks of FMLA leave. Leave in excess of 12 weeks will run concurrently with and reduce

the entitlement under Section 1.c. of this Article.

Section 6. Benefits

a. State-paid coverage for life insurance and state payments toward coverage for

health benefits as provided in Articles 24 and 25 will continue during FMLA leave under Section

1.a. and Section 1.c. of this Article.

b. The continuation of benefits under this Article is subject to the employee’s

payment of any required employee contribution under Article 25, Section 3.

Section 7. Definitions

a. For the purpose of this Article, parent shall be defined as the biological, adoptive,

step or foster parent of the employee or an individual who stood in loco parentis to an employee

when the employee was a son or daughter.

b. For the purpose of this Article, son or daughter shall be defined as a biological,

adopted, or foster child, a step-child, a legal ward, a child of a person standing in loco parentis

who is:

(1) under 18 years of age; or

(2) 18 years of age or older and incapable of self-care because of a mental or

physical disability.

Section 8. Guidelines

a. Guidelines established by the Secretary of Administration regarding FMLA leave

are published through the Directives Management System (Reference Management Directive

530.30).

b. It is understood by both parties that the provisions of this Article are consistent

with the Pennsylvania Human Relations Act, 43 P.S. Sections 951, et seq., and the Family and

Medical Leave Act of 1993, 29 U.S.C. Sections 2601, et seq.

c. Should the Patient Protection and Affordable Care Act of 2010, 42 USC § 18001

et seq., or its regulations be modified or interpreted to not provide an additional 91 calendar days

of benefits as described in Section 1 of this Article, it is agreed that the health and life insurance

entitlements outlined in this Article will not be diminished.

ARTICLE 19

WORK-RELATED INJURIES

Section 1. a. An employee who sustains a work-related injury, during the period of this

Agreement, as the result of which the employee is disabled, if so determined by a decision issued

under the operation of the Workers’ Compensation Program, shall be entitled to use accumulated

sick, annual, or injury leave without pay. While using accumulated leave, the employee will be

paid a supplement to workers’ compensation of full pay reduced by an amount that yields a net

pay, including workers’ compensation and social security disability benefits, that is equal to the

employee's net pay immediately prior to the injury. Net pay prior to injury is defined as gross base

pay minus federal, state, and local withholding, unemployment compensation tax and social

security and retirement contributions. One full day of accumulated leave (7.5 or 8 hours as

appropriate) will be charged for each day the supplement is paid. Accumulated leave and injury

leave without pay may be used for an aggregate of nine (9) months (274 calendar days) or for the

duration of the disability, whichever is the lesser, except that, if only accumulated leave is used, it

may be used beyond nine (9) months (274 calendar days) until exhausted or until the disability

ceases, whichever occurs sooner. In no case, however, will the aggregate of nine (9) months (274

calendar days) extend beyond three years from the date the injury occurred. If no leave is available

under this Section, the provisions of Section 10 may apply.

For temporary employees, accumulated leave and injury leave without pay shall be

available for an aggregate of up to nine (9) months (274 calendar days), for the duration of the

disability or for the scheduled duration of the temporary employment, whichever is the least. In no

case, however, will the aggregate of nine (9) months (274 calendar days) extend beyond three

years from the date the injury occurred.

The employee election to use or not use accumulated leave under this Section cannot be

changed more than once.

b. State-paid coverage for life insurance and state payments toward coverage for

health benefits as provided in Articles 24 and 25 will continue for the period of time that the

employee is on leave under Sections 1.a. and 10 and for the first 13 weeks (91 calendar days)

after leave under Section 1.a. expires if the employee remains disabled, provided that the

employee’s right of return under Section 6 has not expired.

Section 2. An employee who works a reduced number of hours (part-time) due to partial

disability may use leave in accordance with Section 1.a. Pay for accumulated leave used will be

calculated in accordance with Section 1.a., based on the net amount of lost earnings.

Section 3. Retirement credited service for the period of time that the employee is using leave

under this Article, shall be determined in accordance with the State Employees' Retirement Code.

Section 4. At the expiration of the leave under Section 1.a. if an employee continues to

receive workers' compensation, the employee will be placed on leave without pay in accordance

with Section 6 below.

Section 5. An employee is required to refund to the Employer the amount of any overpayment.

In no case shall an employee be entitled to full pay and workers’ compensation and/or social

security for the same period. The Employer shall recover any amount in excess of the paid

supplement to workers' compensation as described in Section 1.a. Failure to apply for or report

social security or other applicable disability benefits to the Employer will result in the termination

of the leave under Section 1.a.

Section 6. An employee has the right to return to a position in the same or equivalent

classification held before being disabled, for a period of up to three years from the date the injury

occurred provided the employee is fully capable of performing the duties of that position, subject

to the furlough provisions of Article 29, Seniority. This guarantee expires if the disability ceases

prior to the expiration of the three-year period and the employee does not return to work

immediately or if the employee retires or otherwise terminates employment. During the period of

time between the end of the leave under Section 1.a. or Section 11, where applicable, and the end

of the guarantee in this Section, the employee will be on leave without pay.

During the three-year period, employees who are not fully capable of performing the duties

of their position shall have, upon request, a right to return to an available position in a lower

classification, within the same geographical/organizational limitation as the seniority unit, to which

there are no seniority claims and which the agency intends to fill, provided the employee meets the

minimum requirements and qualifications essential to the work of the classification and the

employee is fully capable of performing the duties of the position. If an employee returns to a

position in a lower classification, the employee will be demoted in accordance with the

Commonwealth's Personnel Rules, but shall maintain the right to return to a position in the same or

equivalent classification held before being disabled, for a period of up to three years from the date

the injury occurred, provided the employee is fully capable of performing the duties of that

position, subject to the furlough provisions of Article 29, Seniority.

Disabled employees receiving workers’ compensation will be notified 90 days prior to the

expiration of the three-year period. The notification will include information concerning the

employee's right to apply for disability retirement, if eligible. If the employee does not receive 90

days’ notice, the employee's right to return will not be extended. However, the leave without pay

will be extended for 90 days from the date of notification to enable the employee if eligible to

apply for disability retirement.

The right of return for temporary employees shall be limited to the scheduled duration of

the temporary employment.

Section 7. The compensation for disability retirement arising out of work-related injuries shall

be in accordance with the State Employees' Retirement Code.

Section 8. An employee who sustains a work-related injury, during the period of this

Agreement, if so determined by a decision issued under the operation of the workers’

compensation program, may use sick or annual leave for the purpose of continued medical

treatment of the work-related injury in accordance with Articles 12 and 13. If no paid leave is

available, an employee may use leave without pay. Each absence shall not exceed the minimum

amount of time necessary to obtain the medical treatment. Employees shall make reasonable

efforts to schedule medical appointments during non-work hours or at times that will minimize

absence from work. Verification of the length of the medical appointment may be required. This

Section is not applicable to any absence for which workers’ compensation is payable. When

workers’ compensation is payable, the provisions of Section 1 shall apply.

Section 9. The Commonwealth agrees to the use of modified duty where the employee is able

to work only in a limited capacity and the prognosis for the injury indicates that the employee will

be able to resume all of the duties of the employee's classification in a reasonable period of time.

The Employer may terminate a modified duty assignment when it becomes apparent that the

employee will not be able to resume the full duties of the employee's classification within a

reasonable period of time.

Under the modified duty concept, the employee will be retained without loss of pay or

status. The Employer may assign the employee duties outside their classification and bargaining

unit, outside their previously assigned shift and/or outside their overtime equalization unit. To

facilitate the implementation of modified duty assignments, schedule and assignment changes may

be implemented as soon as practicable. If the employee is unable to resume all of the duties of the

employee's classification within a reasonable period of time, the Employer may demote or laterally

reclassify the employee to an appropriate classification, taking into account the duties and

responsibilities the employee is capable of performing and subject to the protections afforded by

Federal and State Statutes.

Section 10. An employee who is disabled due to a recurrence of a work-related injury after

three years from the date the injury occurred, or before three years if the leave entitlement in

Section 1 has been depleted, shall be entitled to use accumulated leave and injury leave without

pay while disabled for a period of up to 12 weeks. To be eligible to use injury leave without pay,

the employee must have been at work at least 1250 hours within the previous 12 months. The 12

week period will be reduced by any other leave used within the previous 12 months that was

designated as leave under the provisions of the Family and Medical Leave Act. If only

accumulated leave is used, it may be used beyond 12 weeks until exhausted or until the disability

ceases, whichever occurs sooner. While using accumulated leave, the leave will be charged and

paid in accordance with Section 1.a.

Section 11. Sections 1 through 9 and Sections 10 and 14 of this Article shall not be applicable

to employees whose injuries are within the scope of either Act 193 of 1935, P.L. 477, as amended,

or Act 632 of 1959, P.L. 1718, as amended.

Section 12. It is understood by both parties that the provisions of this Article are consistent with

the Family and Medical Leave Act of 1993, U.S.C. Sections 2601 et seq. and that leave granted in

accordance with Sections 1.a. and 11 shall be designated as leave under the provisions of the Act.

Section 13. It is understood by both parties that the provisions of this Article are consistent with

the Americans with Disabilities Act, 43 P.S. Sections 951 et seq.

Section 14. Should the Patient Protection and Affordable Care Act of 2010, 42 USC, § 18001

et seq. or its regulations be modified or interpreted to not provide an additional 91 calendar days

of benefits, as described in Section 1.b. of this Article, it is agreed that the health and life

insurance entitlements outlined in this Article will not be diminished.

ARTICLE 20

SALARIES AND WAGES

Section 1. Effective July 1, 2023, each employee covered by this Agreement who is in an

active pay status shall receive a general pay increase of five percent (5.0%). This increase is

reflected in the Standard Pay Schedule in Appendix A.

Section 2. Effective July 1, 2024, each employee covered by this Agreement who is in an

active pay status shall receive a general pay increase of two percent (2.0%). This increase is

reflected in the Standard Pay Schedule in Appendix B.

Section 3. Effective July 1, 2025, each employee covered by this Agreement who is in an

active pay status shall receive a general pay increase of two and one quarter percent (2.25%). This

increase is reflected in the Standard Pay Schedule in Appendix C.

Section 4. Effective July 1, 2026, each employee covered by this Agreement who is in an

active pay status shall receive a general pay increase of two percent (2.0%). This increase is

reflected in the Standard Pay Schedule in Appendix D.

Section 5. A permanent salaried employee whose salary exceeds the maximum of the

employee’s applicable pay scale group when the general pay increases outlined in Sections 1, 2, 3,

and 4 are effective shall receive the annual amount of the general pay increase, in the form of a

one-time cash payment rounded to the nearest dollar. The cash payment shall be paid no later than

the next payday after the general pay increase is reflected in the paychecks of employees who are

not above the maximum.

If an employee’s rate of pay exceeds the maximum of the employee’s applicable pay scale

group before the general pay increase, but would not exceed the maximum after the general pay

increase, the employee’s rate shall be increased by an amount which will make it equal to the new

maximum. The one-time cash-payment for an employee in this situation shall be reduced by the

amount of increase in the employee’s annual rate of pay.

Section 6. a. Employees covered by this Agreement who have been employed

continuously by the Commonwealth since January 31, 2023, will be eligible to receive a one step

service increment effective on the first day of the first full pay period in January 2024. For

Energy Assistance Workers, one year of service equals 1950 hours.

b. Employees covered by this Agreement who have been employed continuously by

the Commonwealth since January 31, 2024, will be eligible to receive a one step service

increment effective on the first day of the first full pay period in January 2025.

c. Employees covered by this Agreement who have been employed continuously by

the Commonwealth since January 31, 2025, will be eligible to receive a one step service

increment effective on the first day of the first full pay period in January 2026.

d. Employees covered by this Agreement who have been employed continuously by

the Commonwealth since January 31, 2026, will be eligible to receive a one step service

increment effective on the first day of the first full pay period in January 2027.

e. Employees covered by this Agreement who terminate with at least one year of

continuous service since their most recent appointment and who are reemployed within six

months from the date of termination or furlough will be eligible to receive the one step service

increments outlined in Subsections a., b., c., and d., if they are in an active pay status on the

effective date of the increments.

f. During the term of this Agreement, employees who are at or above the maximum

step of their pay scale group at the time they become eligible for a service increment as outlined

in Subsections a., b., c., and d., shall receive the annual amount of a two and one-quarter percent

(2.25%) increase in the form of a one-time cash payment rounded to the nearest dollar.

Section 7. a. When an employee covered by this Agreement is promoted to another

classification in a higher pay scale group, the employee shall receive an increase of four steps for

each pay scale group the employee is promoted or to the minimum of the new pay scale group,

whichever is greater.

b. When an employee covered by this Agreement is demoted (including demotions

occurring as a result of furlough bump or furlough recall) to another classification in a lower pay

scale group, the employee shall receive a decrease of four steps for each pay scale group the

employee is demoted or to the maximum of the new pay scale group, whichever is lesser.

c. When an employee covered by this Agreement is transferred to another

classification in the same pay scale group, the employee shall be placed at the same step in the

pay scale group.

Section 8. The cash payments provided for in this Article shall not be added to the employee's

base salary. The cash payment shall be subject to dues deductions where applicable.

Section 9. An employee in an inactive pay status shall, upon return to active pay status, be

entitled to the above general pay increases outlined in Sections 1, 2, 3 and 4; the cash payments

outlined in Sections 5 and 6; and the service increments outlined in Section 6 where applicable.

Section 10. The salaries of employees shall be paid biweekly. In the event the payday occurs

on a holiday the preceding day shall be the payday.

Section 11. All employees are required to sign up for direct deposit of paychecks and travel

expense reimbursement. This Section is not applicable to employees in the Pennsylvania State

System of Higher Education.

Section 12. a. Employees hired into classifications covered by this Agreement shall be

paid the minimum rate for the pay scale group assigned to their classification as reflected on the

Standard Pay Schedule.

b. The Commonwealth may hire employees at pay rates above the minimum rate of

the assigned pay scale group, provided the candidates are not current commonwealth employees.

In such cases, the Office of Administration will notify the Union before it has approved the

hiring above the minimum rate and will provide the underlying rationale prior to the above

minimum appointments are made by the appointing authority.

ARTICLE 21

OVERTIME

Section 1. One and one-half of the employee's regular hourly rate of pay exclusive of any

premium or differential pay shall be paid for work under the following conditions:

a. For any work performed in excess of eight hours in any work day or in excess of

40 hours in any work week.

b. For employees of Youth Development Centers in the Department of Human

Services, for any work in excess of eight hours in any one work day or in excess of 80 hours in

any biweekly pay period.

c. There shall be no duplication of premium pay for the same hours worked under

the provisions of Subsections a. and b. of this Section.

Section 2. The following items will be regarded as hours worked for the purpose of computing

overtime pay under Section 1 of this Article:

a. Hours worked, excluding standby time.

b. Rest periods.

c. Holidays, except where compensation is paid for a holiday which occurs on an

employee's day off.

d. Annual leave.

e. Compensatory leave; to be included in the period of occurrence for the purpose of

computing overtime.

f. Sick leave.

g. Administrative leave.

Section 3. Double an employee's regular hourly rate of pay shall be paid for work under the

following conditions:

a. Employee on a five day per week schedule shall be paid double time for hours

worked on the second scheduled day off in the work week provided the employee is in an active

pay status on his/her five regularly scheduled work days and works his/her first scheduled day

off in the work week. If such an employee is in an active pay status his/her next five regularly

scheduled work days and works his/her next scheduled day off or his/her next two scheduled

days off, he/she shall be paid double time for hours worked on those days and shall continue to

be paid double time for hours worked on subsequent scheduled days off until the employee is not

required to work on a regularly scheduled day off provided the employee continues in an active

pay status on all regularly scheduled work days.

b. An employee whose work schedule consists of any ten days within a consecutive

14 calendar day period as provided in Article 6, Section 6, shall be paid double time for the

second and fourth scheduled days off work; provided, in order to be eligible for double time on

the second day off, the employee must be in an active pay status the first five regularly scheduled

work days and work the first scheduled day off in the normal biweekly work period and, in order

to be eligible for double time on the fourth day off, the employee must be in an active pay status

the second five regularly scheduled work days and work the third scheduled day off in the

normal biweekly work period. An employee on this work schedule shall be paid double time for

the third scheduled day off; provided, in order to be eligible for double time on the third day off,

the employee must be in an active pay status ten (10) regularly scheduled work days and work

the first and second scheduled days off in the normal biweekly work period. An employee who

has been paid double time for the fourth scheduled day off shall be paid double time for all

subsequent consecutive scheduled days off worked provided the employee is in an active pay

status the first five regularly scheduled work days in the normal biweekly work period, if the first

or first and second scheduled days off are worked, and the employee is in an active pay status the

second five regularly scheduled work days in the normal biweekly work period, if the third or

third and fourth scheduled days off are worked.

c. For fifteen-minute rest periods, in the event employees are required, while on

premium overtime, to work through their rest periods.

Section 4. By mutual agreement between the Employer, the appropriate local Union

representative, and the employee involved, compensatory time at the appropriate rate may be

granted in lieu of overtime pay. Such compensatory time is to be granted through ten (10) pay

periods into the next calendar year. The compensatory time off shall be scheduled for periods of

time requested by the employee subject to management's responsibility to maintain efficient

operations. If the compensatory time off is not granted within this time period, the employee shall

be compensated at the appropriate rate of pay in lieu of paid time off.

Section 5. The Employer will attempt to equalize overtime between or among the employees

within the same job classification within each equalization unit during each one-half calendar year.

When an overtime opportunity occurs, the Employer shall first seek to obtain volunteers for the

performance of the overtime work beginning with the most senior of the employees using

Bargaining Unit seniority who have the least overtime credit during the one-half calendar year. In

the event that sufficient volunteers are not available, the Employer shall have the right to assign

such work on a non-volunteer basis beginning with the least senior of those employees who have

had the least assigned overtime on a non-volunteer basis during the period.

An employee declining overtime shall be credited with the overtime worked by the

employee accepting or assigned to the overtime for equalization purposes. If an employee is

unable to be reached by telephone the Employer will leave a message and document the call on a

call log. An employee who does not return the call within ten (10) minutes will be determined to be

unavailable and shall be credited with the amount of overtime worked by the employee accepting

or assigned to the overtime. If an employee returns the call within ten (10) minutes but the

overtime is no longer available, the employee will not be charged with the hours for equalization

purposes. Local agreements that address employees who are unable to be reached by telephone

shall supersede this provision. Employees may be passed over in order to comply with the

equalization requirements. Employees entering established equalization units after the beginning

of a six month equalization period shall be credited for equalization purposes with an amount of

overtime equal to the maximum amount of credited overtime held by an employee in the same

classification in the equalization unit.

Lists showing accumulations of overtime within each equalization unit during the

preceding six-month period shall be posted every six months.

Equalization units will be established by written agreement of the parties. If either party

requests a change to an established equalization unit the matter shall be discussed at

labor-management meetings at appropriate local levels. If agreement is not reached, either party

can request that an unresolved equalization unit issue be submitted to a committee consisting of

representatives of the Union and representatives of the Office of Administration and the

department or agency. After a period of forty-five (45) days from the date of the request to submit

the unresolved issue to the Committee, either party can request that an unresolved equalization unit

issue be submitted to an arbitration panel. The arbitration panel shall consist of one Union staff

member, one staff member of the Employer, and one impartial arbitrator jointly selected by the

parties.

If a grievance arises over equalization of overtime based on actions taken by the Employer

prior to the date of an agreement or an arbitration award establishing the applicable equalization

unit, an arbitrator shall not award back pay to an employee due to the Employer's use of the

incorrect equalization unit for the equalization of overtime.

The provisions of this Section shall not apply to employees in the Youth Development

Centers operated by the Department of Human Services.

Section 6. The following overtime equalization procedure shall apply to the Youth

Development Centers operated by the Department of Human Services:

a. The Employer will attempt to equalize overtime during each one-half calendar

year between or among employees in the same job classification within each equalization unit

who have previously stated in writing a willingness to accept overtime assignments. When the

need for overtime occurs, the Employer shall first seek to obtain volunteers for the performance

of overtime beginning with the most senior employee who has the least overtime credit during

the one-half calendar year among those employees who have stated a willingness to work

overtime. An employee declining overtime shall be credited with the overtime worked by the

employee accepting the overtime for equalization purposes. If an employee is unable to be

reached by telephone the Employer will leave a message and document the call on a call log. An

employee who does not return the call within ten (10) minutes will be determined to be

unavailable and shall be credited with the amount of overtime worked by the employee accepting

or assigned to the overtime. If an employee returns the call within ten (10) minutes but the

overtime is no longer available, the employee will not be charged with the hours for equalization

purposes. Local agreements that address employees who are unable to be reached by telephone

shall supersede this provision. Employees may be passed over in order to comply with the

equalization requirements.

An employee submitting a written statement of willingness to work overtime or

withdrawing his/her written statement of willingness to work overtime after the beginning of a

six-month equalization period shall be credited for equalization purposes with an amount of

overtime equal to the maximum amount of worked and credited overtime held by an employee in

the same classification in the equalization unit at the time of submitting or withdrawing the

statement. This paragraph shall be superseded by any existing or subsequent procedure mutually

agreed upon in writing by the Employer and the Union at the agency, institutional or local agency

level.

b. In the event there is an insufficient number of volunteers, the Employer shall have

the right to assign overtime work on a non-volunteer basis. Such mandatory overtime shall be

assigned in the following manner:

1. The Employer shall maintain a list, in Bargaining Unit seniority order, comprised of

all employees (including those who have expressed a willingness to accept

overtime assignments) in the same job classification within each equalization unit.

Mandatory overtime shall be assigned to the least senior employee on said list who

has not had a mandatory overtime assignment. Once an employee has been

assigned overtime on a mandatory basis, such employee shall not be assigned

mandatory overtime until all employees above him/her on the list have either been

assigned mandatory overtime or have been excused for good and sufficient reasons,

regardless of the number of hours worked during such overtime assignment and

regardless of the length of time between mandatory overtime assignments.

2. Once each employee whose name appears on the list provided for in Subsection

b.1. above has been assigned mandatory overtime the process shall repeat itself.

3. There shall be no requirement to equalize overtime which is assigned on a

mandatory basis and overtime assigned on a mandatory basis shall not be included

in the hours which the Employer is required to equalize in accordance with the

provisions of Subsection a. above.

4. In the event an employee cannot be reached to be informed of the mandatory

overtime assignment, the Employer has the right to assign such mandatory overtime

to the next employee on the list. However, when the next mandatory overtime

assignment occurs the Employer shall assign such mandatory overtime to the

employee(s) previously passed over.

5. Employees entering established equalization units shall be placed on the mandatory

overtime list provided for in Subsection b.1. above in Bargaining Unit seniority.

c. Lists showing accumulations of overtime within each equalization unit during the

preceding six-month period shall be posted every six months.

d. Equalization units will be established by written agreement of the parties. If

either party requests a change to an established equalization unit the matter shall be discussed at

labor-management meetings at appropriate local levels. If agreement is not reached, either party

can request that an unresolved equalization unit issue be submitted to a committee consisting of

representatives of the Union and representatives of the Office of Administration and the

department or agency. After a period of 45 days from the date of the request to submit an

unresolved issue to the Committee, either party can request that an unresolved equalization unit

issue be submitted to an arbitration panel. The arbitration panel shall consist of one Union staff

member, one staff member of the Employer, and one impartial arbitrator jointly selected by the

parties.

e. If a grievance arises over equalization of overtime based on actions taken by the

Employer prior to the date of an agreement or an arbitration award establishing the applicable

equalization unit, an arbitrator shall not award back pay to an employee due to the Employer's

use of the incorrect equalization unit for the equalization of overtime.

Section 7. Employees who are required to remain on duty during meal periods shall be

compensated for these periods at the appropriate rate of pay. Employees who are not permitted to

take rest periods during their regular shifts shall have that time counted as time worked in addition

to that which is provided for in Section 2.

Section 8. Payment for overtime is to be made on the pay day of the first pay period following

the pay period in which the overtime is worked.

Section 9. There shall be no duplication or pyramiding of any premium pay provided for

under the provisions of this Agreement for the same hours worked. Time worked on holidays

during an employee's regular shift shall not be excluded from hours worked for the purpose of

determining eligibility for overtime pay under Section 1 of this Article.

Section 10. When permanent full-time employees who normally perform a certain type of work

within a seniority unit are on furlough, the Employer shall not schedule other employees within the

seniority unit to perform the same type of work on an overtime basis where such furloughed

employees have the skill and experience to perform such work if the overtime involves full shifts

and is expected to extend on a regular basis, for a period of four weeks or more.