Q & A Session – Forced Retirement

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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 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?

A:

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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