Q & A Session – Requesting Advance Sick Leave


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 over 26 years of government service and have been diagnosed with Post Traumatic Stress Syndrome, anxiety and depression. I have applied to Social Security for disability and am out of sick leave and running out annual leave. Can I request advance sick leave even though I have applied for disability?


You can apply. Your agency will grant or deny the advance sick leave based on their discretion. Have you also applied for disability retirement? Given over 26 years of service, you may also qualify for discontinued service retirement if your agencies fires you for not meeting the medical requirements of your job (as opposed to AWOL for not coming to work after you run out of leave).

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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