Q: Can a non-supervisory employee, who is not a member of the bargaining unit, become a permanent supervisor via a position description rewrite?  Is there any recourse to such a change? A: Yes, your employing Agency is generally free to assign you duties, including supervisory duties, in a fashion which best fits the Government’s needs.  You probably have very minimal recourse to contest such a change.  Although your employing Agency might allow you to file a grievance regarding a change to your position description or supervisory status, if management has already decided to move to a supervisory position, you may…

Q: I feel I’m being overlooked for a pay raise/promotion. What are my rights? A: A Federal employee does not have a right or guarantee of being promoted.  Likewise, management has the right to assign work, which includes the right to select employees for promotion and to fill vacancies.  In doing so, management must comply with the Federal merit system principals, and management may not act with the intent to not hire or promote an individual because of his or her race, sex, age, religion, national origin, disability, participation in the EEO process, and/or whistleblowing activity. In the situation you…

Q: Can a federal employee retire having had an unacceptable performance rating at the time of retirement? A: Yes, so long as a federal employee meet requirements of whichever retirement mechanism applies to him or her, the employee can retire having an unacceptable performance rating at the time of retirement. Keep in mind, if you receive an unacceptable rating at the end of your performance improvement plan (PIP) and you subsequently receive a proposed personnel action (i.e. proposed removal or proposed demotion) because of any alleged poor performance, you can resign but the SF-50 memorializing your separation from the federal…

Q: Can you advise what should be done if a critical and permanent duty is measured and rated but is not listed in a job description? A: The Office of Personnel Management (“OPM”) says in its position classification regulations that you should open a conversation with management about amending your position description. If you are unhappy with the results from that conversation, you can have the issue determined by filing a grievance under either the administrative or the negotiated grievance procedure applicable to you and your agency. This may or may not result in a change to the position description.…

Q:  I submitted a classification audit based on accretion of duties.  There was a long delay in interviewing me until I asked the Union President for help on this matter.  Then, I finally was interviewed for the audit five months ago.  The interviewer told me that her boss had said I deserved a grade increase based on my work.  I have heard nothing since.  I am afraid my Agency is retaliating against me for contacting the union about this matter.  Do they have a deadline to respond?  Can I file a Freedom of Information Act request to learn more about…

Q: I believe that my boss favors another employee over me.  She is graded higher than I am while we do similar work.  She has received step increases which do not appear to be in keeping with normal timetables.  She receives generous time off awards, despite the fact that she does not work 40-hour weeks, and much of the time she actually spends in the office is spent on social media sites and talking with other employees.  When the favored employee became pregnant, she was permitted to telework from home.  Then, after giving birth, she was allowed time to express…

Q: Can I be assigned to report to an employee of the same grade as me? Can my supervisor assign me to work below my pay grade? A: To the first question, yes, your supervisor can instruct you to report to another employee of your same grade. There is nothing in OPM regulations prohibiting an agency from requiring an employee to report to another employee of the same grade. There are even rare situations where a lower graded employee is designated as the supervisor of higher graded employees. While not preferred or ordinary, what matters most is the designation of…

Q: I have a couple questions about reasonable accommodation. Can an agency create a position to accommodate? Also, can an agency accommodate by reassigning an employee to a detail (a position that does not exist)? From the research I have done it states that reassigning an employee must be to a “vacant funded position.” A: Your research is accurate. Agencies are given significant flexibility in providing reasonable accommodations to their employees. It is within an agency’s discretion whether to create a position for which to reassign an employee or to place an employee on detail (essentially a temporary reassignment to…

Q: Can it be considered a form of abuse or injury when correcting an employee’s substandard work results in carpal tunnel syndrome pain? A: While it seems as if your subordinate employee is indeed creating unusual work conditions for you, a complaint of abuse or injury based on the inferior work product of a subordinate isn’t feasible. However, if your carpal tunnel becomes too debilitating, you may be eligible for reasonable accommodations from the agency which will allow you to work and remain healthy. You also may be eligible for workers’ compensation if your carpal tunnel syndrome is aggravated by…

Q: I am an Air Force reservist and a full-time federal employee.  I am facing a military medical board which I think will determine I am no longer medically able to participate in the reserves.  I am 47 years old.  I have given 28 years of reserve service and 16 years of civil service.  I am not sure what my options are to pursue a discontinued service retirement since I am under age 50.  What are my options for a discontinued service retirement?  Can I request an age wager? A: While you may no longer be medically suitable for military…