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: Is there any provision in the law regarding the processing time for annuities? I am 12 months into retirement and am still in interim pay status. A: Unfortunately, there is no time limit. The Office of Personnel Management (OPM) has been trying a lot of different techniques – including the recent hiring of an OPM Chief Technology Officer – to clean up the backlog. Bill Bransford is managing partner of…
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 at the Executive Office of the President as a career employee. My supervisor recently updated my position description to accurately reflect the work I do. Human Resources reviewed it and said I am doing work above my current grade (GS-12). Although internal office management and HR both agreed and supported by promotion, two political appointees stopped it. They said that staff in the White House are paid less,…
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: Last year my performance review was all 4’s. Since that time I have received no grade increase and no step increase. This year my supervisor told me how much I have improved. Then, he gave me all 3’s and 2’s and refused to tell me how I “dropped the ball” or give me specific examples. When I showed him the review he gave me last year he accused me of…
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: How often are last chance appeals granted? A: Last chance agreements are voluntary on the part of both the agency and the employee. Your agency may or may not agree to one. If you are removed, you can appeal to the Merit Systems Protection Board and appeal for a last chance agreement or a settlement. The agency does not have to agree. 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: I work for U.S. forces in Europe (USAREUR). There is a policy here which allows German nationals who work for the U.S. military to work an additional 15 minutes per day so that they can take off the U.S. holidays. However, I am not permitted to work 15 minutes a day more to take off their holidays, such as Veterans Day or some of their religious holidays, such as Three…
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 federal employee and on occasion request travel compensation, including for time spent travelling to the airport and waiting at the airport. I am not aware of any established policy on documentation required to support the compensation. Is this type of documentation required and are there any regulations that show whether my department can or cannot ask for this? A: Per 5 C.F.R. § 550.1404(b)(1), “travel status” includes…
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 thought that the same official duty station would be used for both travel comp and local travel reimbursement, but I am confused. Is it true that I would never earn travel comp for time spent in the county designated as the “official duty station?” How does designation of the county as the official duty station impact my entitlement to reimbursement for local travel? Specifically, would I be entitled to…
Leave management is a constant challenge for most front-line supervisors. As leave use increases during flu season and year-end vacations, supervisors should understand a few basic rules about the different types of leave and the extent and limits of their authority in leave management. In making leave determinations, it is generally the supervisor, not the employee, who calls the shots. The first principle is that being absent from work without leave or authority is a serious matter. It is the supervisor’s discretion whether to approve leave for an unauthorized absence. An employee who just does not show up is absent…
Q & A Session – Work Rules for Military Command 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 military command is often given a “training holiday” in conjunction with a federal holiday, creating a four-day break. My new command was under the impression that a military member must be present in order for the government civilian to come to work.is there any regulation that states government civilians (not defense contractors) working for a military command must have…
Q & A Session – MSPB Jurisdiction for Constructive Discharge 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: The Merit Systems Protection Board (MSPB) has ruled it does not have jurisdiction for constructive discharge of involuntary retirement since my agency has not separated me. Once I am separated, can I refile the constructive discharge? A: Constructive discharge is when you resign because of intolerable conditions and argue that those conditions forced your resignation. Constructive discharge is hard to…