Q & A Session – Forced Retirement


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.


I have been working for the government for about 30 years and am 60 years old. I have been on sick leave for the past 6 months due to complications of PTSD and severe depression. I still have 3 more months of sick leave and 1 1/2 months of administrative leave left. I am currently being asked to set a date to return or start the retirement process. Can I be forced to retire if I still have leave to cover by absence? What are my options?


You cannot be forced to retire. But, when you run out of sick leave and future LWOP is denied, you can be removed for not coming to work. Retirement is a more attractive alternative.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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