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 federal employee is required to conduct Temporary Duty (TDY) over a ten day period and is required to stay on location on Saturday and Sunday, does he receive compensatory time for his time away from home over the weekend? Because airfare is expensive, I am required to stay at the TDY location. A: Compensable time off for traveling is authorized when an employee is actually in travel status…

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 previously served in the military. Is there a way I can add my military service on to my seniority date and/or Entrance on Duty Date? A: I assume from your question that you were previously an active duty service member and have since become a full-time civil servant. Under such circumstances, prior military service does not count toward seniority per se. However, your prior experience, including your military experience,…

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 job requires my coworkers and I to frequently engage in local travel to evaluate work performed by contractors. We are expected to use our private vehicles for this. The distances are not long, but the five to fifteen miles a day adds up, especially the fuel cost. When we ask for reimbursement, we are ignored. Do we have a right to reimbursement? Could we refuse to use our vehicles…

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 worked in a field setting away from headquarters command. I reported some wrongdoings committed by a federal supervisor and local co-workers. In response to my actions, my immediate supervisor had me removed from my field position. After several interviews with me and a couple of managers in my chain of command, the deputy director of my program and examination of documents I presented to her, she determined that management…

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 was recently diagnosed with breast cancer, just two days before my furlough. During that time, I had lumpectomy and lymph node removal. My surgeon filled out the Family Leave and Medical Act (FMLA) paperwork dating my condition from the beginning of my illness. Immediately after I returned to work, I submitted the paperwork and my immediate manager refused to submit it for approval. The paperwork had the condition listed…

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 an Army retiree and a federal employee with 13 years of service going through a Reduction in Force (RIF) because of Base Realignment and Closure (BRAC). For the past 11 years, all of my SF50 actions checked “YES” for the block “Veterans’ preference for RIF.” On my last SF50 action, it is now marked “NO.” When I questioned this, I was told there is a difference between veterans’…

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 was recently converted from the National Security Personnel System (NSPS) to the General Schedule (GS), from a YH-03 to a GS-13, which I see as a demotion. I was originally a GS-13 when I was first converted to NSPS and later became a YH-02 in 2001 and a YH-03 in 2008 for accretion of duties. My supervisor and department head have said they were not aware of this change…

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 was hired 16 years ago in full time civil service. I worked one position for 3 years, and was placed on a performance improvement plan (PIP). I was not able to meet the terms of the PIP, and instead faced removal. I was fortunate and was reassigned instead. Twelve years later, I was reassigned back to the same position I was removed from 12 years prior, when I was…

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 need to travel from my home office to another state for a meeting. Because of the available flights, I scheduled a flight at 9 a.m. and I will arrive at my destination around 10:30 a.m. The next flight leaves at 4:50 p.m. and will arrive around 6:30 p.m. My supervisor says I have to reschedule and take the later flight and still come in to work at my regular…

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: Can a manager order employees back to work outside normal hours for non-emergencies? A: Management can order employees to work outside their normal hours when management determines it is important that the work be done. Your refusal to follow direction and to work outside normal hours because of a belief that your work is not being done pursuant to an emergency is insubordination. Be careful about how far you push…