Administrative Leave Given for Prescribed Rest

October 14, 2004

The Patent Office Professional Association (POPA) said the U.S. Patent and Trade Office (PTO) flip-flopped this past summer on its policy of allowing one hour of administrative leave per day for employees who are medically prescribed rest.

The issue came up when a pregnant employee was first prescribed rest, but was later told she could not have the daily hour of administrative leave.

The pregnant employee was taking the rest only at  times when she needed it, mostly in the second half of her pregnancy, said POPA President Ronald J. Stern. Then, her supervisor said the administrative leave would not be honored.

POPA acted on behalf of the soon-to-be mother by asking the agency to continue the policy it used in the past and allow the daily hour of administrative leave.

Because it is within the Department of Commerce, PTO used to follow Commerce's administrative leave policy for prescribed rest.

However since 1999, PTO has had the authority to do things independently of Commerce on personnel issues, Stern said. PTO kept most of the traditions and past practices from Commerce even after it was not subject to Commerce personnel rules, according to Stern.

The administrative leave for rest policy stayed in place, Stern said, and was reinforced by a 2000 memo written by then PTO Director of the Office of Human Resources (OHR), Sidney Rose.

Rose wrote: "It is OHR's position that any pregnant woman whose attending physician/health care provider prescribes a rest period is entitled to and will be granted up to one hour of administrative leave per work day.

If [an employee] has a prescription for rest from her doctor, she should be granted the time. If she does not have a prescription for rest, I would advise her to obtain one from her doctor.the agency will not inquire further into the medical details of an employee's pregnancy if she presents a document from her physician prescribing rest."

POPA gave the pregnant employee a copy of Rose's memo, and she in turn gave it to her supervisor. The supervisor renewed the employee's administrative leave.

This policy applies even if the pregnancy is "normal" and the rest is simply beneficial, Stern said.