Q: I have a question regarding the adverse action v. protected activity time period. Is the protected activity only the filing of the formal EEO complaint or can it be activities after, such as mediation, prehearing, etc.?  A: I assume that you are referring to the inference of retaliation than can be created by the issuance of an adverse employment action (e.g. a proposed removal action or bad performance appraisal) to an employee shortly after that employee engaged in protected EEO activity. While the EEOC has not identified many discrete “protected activities,” the federal courts have acknowledged “protected activity” to…

Q: Can my agency ask me for information about how I am related to someone when I put in for sick leave to care for that person? A: Yes. When a federal employee requests sick leave to care for a family member, the employer agency may require the employee to document his or her relationship with that family member. But practically, this requirement is not very limiting, as the definition of “family member” in this context is broad and includes even “any individual related by blood or affinity whose close association with the employee is the equivalent of a family…

Q: For the first time in my 26 year career, I am facing a dismissal for misconduct from my agency. Rather than resigning without a job prospect in sight, I am trying to see if I can retire. I am 50 with 26 years of service in the FERS system. Is it possible to retire in response to a proposed removal, or do I have to be offered retirement through a buyout? A: No, while there are special exceptions for federal employees who have spent their careers in particular types of positions, 5 U.S.C. § 8336(d)(2) generally requires federal employees…

Q: I am a government employee who retired in 2013. My ex-wife will be receiving an annuity of 16% of my retirement. In the divorce decree there is a QDRO which stated that she is also entitled to the same percentage of survivor benefits. Our retirement councilor stated that “because she will be receiving her own annuity, she will not be entitled to a portion of my wife’s survivor benefits.” OPM has just finalized my case and has awarded her the survivor benefits and the same percentage rate as the annuity. Is this correct? A: Without a QDRO, a former…

Compared to just a decade ago, so much of how we work today is digital. Emails, cloud-sharing, texting — it’s how we get the job done. Staying current in our professional and personal lives is important, but be aware that the technological push can have negative consequences if not managed correctly. When federal managers get in trouble in the digital workplace, it’s usually because of a failure to ponder a difficult, delicate or complex matter, or the result of improper personal use of government devices. Stay safe and ponder your message before you hit the “send” key. What’s it mean…

Q: I was geographically reassigned in September 2011 from Honolulu to San Francisco. I was wondering how long do I have to file a complaint for unjustified relocation assignment? I feel I was forced to relocate with the hope that I would resign. A: You are describing a management directed reassignment.  There are some specific details which could be very important to determining your rights to challenge a reassignment.  Under law, members of the Senior Executive Service can be reassigned unilaterally and can be removed from their positions from failure to accept such a directed reassignment (5 USC § 3395).…

Q: I have been employed with the Postal Service for 16 years.  I am 61 years old. When can I retire without any kind on penalty? A: You will be eligible to retire without a reduction after you turn 62 years old, since you have more than five years of service under 5 C.F.R. § 842.204(a).  However, your annuity will likely continue to increase if you continue working after that. I am answering your question under the assumption that you are in the FERS retirement system and that your sixteen years at the postal service is your only government service. …

Q: I’ve been with DOD since 1974 and have been a GS employee since May 2009. A relocation of myself and eight other employees from Norfolk to Omaha is in the works. Once the decision is made to relocate us is there any definition for minimum time involved in execution of movement? A: Your permanent change of station orders will include a report date on which you will be expected to begin work in Omaha. You may be able to delay your report date by filing a request for an extension to find appropriate housing or to finish out a…

Q: My wife has a clause in her divorce that says when her ex-husband retires from the government, she gets half of what he had in his Thrift Savings Plan account at the time of their divorce. How long can he go before she can receive that money? He turns 60 in November, and she really needs the money for home repairs and bills. A: While some government jobs face mandatory retirement ages, most government employees do not. If the court order will not go into effect until he retires, it is very difficult to predict when that will be.…

Q: As a salaried manager, I informally questioned about FMLA leave for the birth of my child. I was informed that I would be approved for 12 workweeks off. I requested to our HR department to take 6 consecutive weeks off (per the doctor’s requirement). Once I was physically released to work with no restrictions, I requested to return to work only 2 days per week for an additional 6 weeks so that I was able to care for my child. I was told that they are not required to allow me to take partial time off and the decision…