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: When a former logistics management specialist in my agency left, the decision was made to fill the vacancy with a female with no logistics management experience. I have spent 3 years as a supervisory logistics management section chief. This woman is considerably younger than me and is coming from an area outside of my branch, and I feel like I am being discriminated against due to my age. What rights…
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 currently a GS 6 step 6 level. I have recently accepted a position where I can move up to a GS 7, but will have to begin as a GS 5. They want me to start as a GS 5 step 7, but my current pay is comparable to a GS 5 step 10, so my annual pay will be lower. Can you explain why this may be?…
In 2009, when the Senior Executives Association did its survey of GS-14s and -15s about their interest in aspiring to senior executive positions, the threat of geographic reassignments was cited as one of the major detractors. (The survey report, “Taking the Helm,” can be downloaded at www.seniorexecs.org.) While the Senior Executive Service was created with the idea of mobility among its members, the reality of geographic reassignment varies from agency to agency. For example, the IRS expects all of its senior executives to be subject to geographic reassignments, and for the most part they are. In some agencies, senior executives…
A federal employee who reports wrongdoing does so at some risk and, for most whistle-blowers, with some trepidation. Federal law is supposed to protect civil servants from reprisal for reporting wrongdoing, but most employees find little comfort with anti-retaliation laws, and for good reason. The result is less disclosure of wrongdoing and a more costly and inefficient government. Over time, court decisions and Merit Systems Protection Board opinions have diluted what it means to be a whistle-blower and when whistle-blowing is protected. At a minimum, the laws are complex and very fact-specific. The recent case of U.S. Park Police Chief…
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 former employee with the Postal Service, but am now working for the Veterans Administration. Will my time with the Postal Service carry over to the VA? A: Postal service time counts towards retirement. It does not count for the probationary period. Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information…
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: A federal employee with use or lose annual leave and 1200 hours of sick leave was out sick for two weeks and then four days at two separate times during a calendar year, both supported by medical documentation stating “this patient is under my care” with appropriate dates. However, they were placed on a letter of requirement even though they hadn’t been charged AWOL, had a negative leave balance and…
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 refused sick leave under FMLA to care for my sister who is suffering from breast cancer and severe depression. I have also appealed the refusal to my manager’s supervisor. Can they do this? A: “Sister” is not a covered relationship under the Family and Medical Leave Act (FMLA). To be covered, the relationship must be a spouse, parent or child. FMLA generally must be requested in advance…
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 it wrong for a supervisor to date or have a relationship with a subordinate? Can a supervisor rent a room to that same subordinate? A: Please review my column on sexual harassment in the federal workplace with a paragraph on dating subordinates. While the situation you describe is not per se illegal if the relationship is willful, it may: 1) Violate agency rules against relationships with or dating 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 am a GS-11 on a flex schedule. My schedule varies but I am supposed to work 80 hours per paid period. I have been told that if I do not perform 80 hours of work, I should use credit hours or leave to complete the 80 hours. Sometimes the way my schedule works out, I’m left with less than 80 hours. Is this legal? A: If you are a…
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 current permanent federal employee under FERS, and I am also a disabled veteran. I have applied for a higher position within my current department. Am I still eligible to receive a 10 point veterans preference for the new position? A: Veterans preference applies to initial appointment and reductions-in-force. It does not apply to internal promotions. Veterans preference may apply to a prevent a non-veteran from being hired…