Monthly Archives: August, 2011

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 you are using a sick day but are seen out possibly getting medication or going to the doctor, is that time card fraud? A: If you claim to be sick because of a bad back, request such leave and are spotted during the workday playing golf, bowling or swing dancing, you might have a problem. But if your psychiatrist tells you to take a week off to de-stress to…

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: Prior to the conversion to NSPS, I was a GS-12 and during my time as an NSPS employee I was grade YC-02. However, when I was converted back to GS I was returned to my prior GS-12 grade but my pay had reached GS-14, step 4. What grades am I eligible to apply for? A: The answer to this question depends on what the vacancy announcement requires and the level…

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: What are the rules and regulations regarding an organization doing a major reorganization with the possibility of involuntary separation? What are my rights? If I am 50 with over 30 years of experience, should I retire now or find another job until I reach age 55? If my job is abolished under CSRS, would I receive a 2 percent penalty each year until I reach 55? A: You ask a…

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 worked at my current duty station for six years. A few years ago, I moved but my duties and workplace remained in the same locality pay area. Some local travel is required, but this is primarily within the same locality pay area as my workplace. Recently I was promoted, but because I moved to a home in a lower locality pay area years go, I was told I…

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 a manager is disrespectful, rude or mean to a subordinate, can the subordinate sue for defamation of character? A: Federal managers are immune from defamation lawsuits from comments they make about their subordinates, so long as the manager was acting within the scope of his or her employment. Based on the limited facts you describe, my believe is that your manager was probably within the scope of employment when…

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 leave manager and would like some additional guidance on when to notify employees of their FMLA rights and when they should invoke their rights. What if a pregnant woman has accrued two months of leave but hopes to take three months off to care for her newborn, when should I encourage her to invoke her FMLA rights? A: The Office of Personnel Management’s rules governing FMLA guidelines…