Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.  Q: I work for U.S. forces in Europe (USAREUR). There is a policy here which allows German nationals who work for the U.S. military to work an additional 15 minutes per day so that they can take off the U.S. holidays. However, I am not permitted to work 15 minutes a day more to take off their holidays, such as Veterans Day or some of their religious holidays, such as Three…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.  Q: I am a federal employee and on occasion request travel compensation, including for time spent travelling to the airport and waiting at the airport. I am not aware of any established policy on documentation required to support the compensation. Is this type of documentation required and are there any regulations that show whether my department can or cannot ask for this? A: Per 5 C.F.R. § 550.1404(b)(1), “travel status” includes…

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I thought that the same official duty station would be used for both travel comp and local travel reimbursement, but I am confused. Is it true that I would never earn travel comp for time spent in the county designated as the “official duty station?” How does designation of the county as the official duty station impact my entitlement to reimbursement for local travel? Specifically, would I be entitled to…

Leave management is a constant challenge for most front-line supervisors. As leave use increases during flu season and year-end vacations, supervisors should understand a few basic rules about the different types of leave and the extent and limits of their authority in leave management. In making leave determinations, it is generally the supervisor, not the employee, who calls the shots. The first principle is that being absent from work without leave or authority is a serious matter. It is the supervisor’s discretion whether to approve leave for an unauthorized absence. An employee who just does not show up is absent…

Q & A Session – Work Rules for Military Command Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: My military command is often given a “training holiday” in conjunction with a federal holiday, creating a four-day break. My new command was under the impression that a military member must be present in order for the government civilian to come to work.is there any regulation that states government civilians (not defense contractors) working for a military command must have…

Q & A Session – MSPB Jurisdiction for Constructive Discharge Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: The Merit Systems Protection Board (MSPB) has ruled it does not have jurisdiction for constructive discharge of involuntary retirement since my agency has not separated me. Once I am separated, can I refile the constructive discharge? A: Constructive discharge is when you resign because of intolerable conditions and argue that those conditions forced your resignation. Constructive discharge is hard to…

Q & A Session – VRA Appointment Counting Toward Tenure Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: If an employee was converted from a Veterans Recruitment Appointment (VRA) (GS-11) to a Veterans Employment Opportunity Act (VEOA) (GS-12) appointment and the employee did not serve the full two year probationary period before converting to the VEOA, does his or her time served in the VRA appointment count toward career tenure? The employee was selected from a merit service…

Q & A Session – Repeated Frivolous Complaints Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Is there a way for a manager to halt the submission of false accusations being sent to Internal Affairs, Congressional Offices, the Equal Employment Opportunity (EEO) office, etc.? I have been the subject of over 15 such complaints, filed by the same two individuals, all of which have been investigated and proven to be unfounded and false. A: The EEO office has…

Q & A Session – Offensive Language at Meetings Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: My wife attends meetings on a regular basis. During these meetings she observes individuals, including managers, decision makers and the like, freely using offensive, suggestive or abusive language, occasionally directed at fellow attendees. Does my wife have recourse to prevent this practice? A: I don’t know if your wife is a federal employee. Assuming she is, she has three options. First,…

Q & A Session – Constitutionality of Downsizing Agencies Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Does the federal government have any constitutionally protected size in terms of department functionality? Some lawmakers seem to want to downsize agencies to the point where the agencies are almost completely ineffective. A: No. The ability to downsize rests with Congress. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website…