Nick's intentions aside there is room for the union to bargain usage of PPL as stated in the opm guidance.
Intermittent use of PPL is at the mutual agreement of the agency and employee and the current MOU only states it can't be unreasonably denied. Having written protection so all BUEs have the same access wouldn't be a bad thing.
FMLA is not just defacto sick leave as it must be requested at least 30 days in advance, in most circumstances, for the birth or placement of a child. There is no such limitation on sick leave.
While PPL is a type of paid leave used in conjunction with FMLA it does have its own set of rules and work requirements. I'd be interested to see the actual proposal Nick put forth to the NEB.
Excerpts below. All come from
Family and Medical Leave Act (FMLA) 12-Week Entitlement and
Paid Parental Leave
Agency-Specific Policies and Procedures for Requesting PPL
Within the framework of law and regulations, each agency sets its own policies and procedures related to the use of PPL at that agency—via management directive and/or
collective bargaining agreement, as applicable. Therefore, employees should consult with their servicing human resources (HR) office for information on the agency’s policies and the process for requesting PPL, including any forms that must be completed and any supporting documentation the agency requires. The employee’s servicing HR office will need to verify the employee’s FMLA eligibility and available unpaid FMLA leave for which PPL may be substituted.
When the Need for Leave is Foreseeable
When the need for FMLA leave is foreseeable based on expected birth, placement for adoption or foster care, or planned medical treatment, the employee must provide the agency at least 30 calendar days’ notice of the employee’s intention to take FMLA leave. If the employee fails to provide 30 calendar days’ notice with no reasonable excuse for the delay, the agency may delay the employee’s FMLA leave until at least 30 calendar days after the date the employee notifies the agency of the employee’s need for FMLA leave. If the need requires the leave to begin within 30 calendar days, the employee must provide as much notice as is practicable.
For FMLA leave taken based on the following circumstances, an employee may use FMLA leave intermittently or on a reduced leave schedule only if both the agency and the employee agree to such use:
- for the birth of a son or daughter of the employee and the care of such son or daughter; or
- for the placement of a son or daughter with the employee for adoption or foster care.