Monthly Archives: May, 2012

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 civil servant working in Yokosuka, Japan. Earlier this year, I received a decision on the Living Quarters Allowance (LQA) Claim that I filed with the Office of Personnel Management nearly one year prior. My claim was declined, and, after reviewing the decision, I immediately saw several issues with the information presented by the signatory. For a while, I was reassured that everything was going to be okay…

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: As a Union officer who is asked to travel by managers at my agency to attend various partnership and pre-decisional forums, I have been told repeatedly that I am not eligible for travel compensatory time off. When I question why, I am referred to 5 CFR 550.1403, which defines travel as “travel for work purposes that is approved by an authorized agency official or otherwise authorized under agency policies. Time…

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 work for a federal agency within a branch that is having many personnel issues. Since I have been in this branch, all of the females who have worked on this particular team have always been assigned loads which are heavier than the male associates’. The female associates are always asked to plan the Christmas and retirement parties (which I believe is discriminative), despite the heavier loads. When I first…

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 is the most appropriate venue for exposing unethical practices and illegal behavior by management in a federal agency, particularly when it appears to be wide-spread and ultimately increases agency costs for arbitration and other legal liabilities? A: Every once in a while an agency official’s unethical and illegal behavior is confirmed and exposed by an Inspector General’s office. This is the best venue for exposing what you have described…

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 Chief Steward and the federal employees I represent are in a Collective Bargaining Agreement. I am looking for answers to questions I have regarding an employee who has provided all the necessary documentation after taking unscheduled leave but who was still issued a letter of requirement (LOR). First, is there a specified time limit to show a pattern? Can two days a week constitute a pattern? Also,…

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 sent in my appeal on my EEO case 14 months ago. The Office of Federal Operations at the EEOC assigned the case a docket number, but it is still waiting to be processed. Is it true that once a docket number is assigned, they will, in fact dispose of it? A: Yes. Eventually you will receive a response or a decision. Bill Bransford is managing partner of Shaw Bransford…

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: Will the unions have any grounds for challenging the elimination of the FERS supplement? With my 23 years of service under the assumption of a FERS supplement, shouldn’t I be entitled to 23/30 of what I would have received before they started monkeying around with the law? A: No. FERS is a congressionally passed statute. It can be totally changed or repealed, although it is not likely to happen except…

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 an agency has a work-at-home policy, are they required to provide an employee with a disability the same accommodation they must provide in the agency’s main site? For example, an employee who requires voice recognition software due to visual disability at the main site. A: Providing an accommodation to a disabled employee is never a simple yes or no answer. Instead, it is a part of a collaborative process…