Ask the Lawyer received the following paraphrased question from a reader on a legal matter that might be of interest to the entire audience. Q: Please let me know what constitutes sick leave abuse. A: Sick Leave Abuse Explained Sick leave abuse is a broad and controversial subject that unfortunately is pervasive in the federal workplace. It occurs when an employee misrepresents that either he or she or a family member have an illness or medical condition that requires the employee to be absent from the workplace on an approved leave status to care for him or herself or the…
Yearly Archives: 2010
Ask the Lawyer received the following paraphrased question from a reader on a legal matter that might be of interest to the entire audience. Q: I have a pending case before the EEOC pertaining to disability discrimination in the Federal Sector. My understanding is that when the statutory time has elapsed I may pursue my case in Federal District Court. I have read that under the Rehabilitation Act I may be entitled to have an attorney appointed by the Judge to represent me. Can you advise me further regarding this entitlement? A: Pursuing an EEO Case in Federal District Court…
Ask the Lawyer received the following paraphrased question from a reader on a legal matter that may be of interest to the entire audience. Q: Good evening, I am an SSA employee. I have been on medical leave and exhausted all my annual leave and sick time. My manager has informed me they have no choice but to charge me absent without leave (AWOL). I will submit medical documentation to continue my leave without pay (LWOP), but my question is: Should I go to work on even without my doctors authorization? I have a pending immediate disability retirement claim at the reconsideration level and a SSA…
Any manager who has ever gone to the agency’s human resources office to get help with a problem employee has heard the question, “Where’s your documentation?” Documentation is just as important for a manager who has been or who might be accused of discrimination in an equal employment opportunity case, but there’s a twist. In the EEO arena, the manager is in a reactive mode. There are times and methods and uses of documenting in an EEO case that can significantly decrease the likelihood that a manager will be found guilty of discrimination. The fundamental difference between taking a disciplinary…
In 2010, the Ask the Lawyer column will be written by Bill Bransford, managing partner of Shaw, Bransford & Roth, P.C. For more information on Bill or the law firm, please visit http://www.shawbransford.com/. Archived columns written by Greg Rinckey will still be available on this blog in the section below.