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: After an involuntary separation, I wanted to use annual leave for my last five weeks after my last day on the job. However, I wanted my annual leave spread out, rather than in a lump sum to preserve my health benefits for as long as possible and extend my service for retirement purposes. Is there a rule that says you have to have a lump sum or can I have…
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: In my agency, I have reached the salary cap. However, I recently found out that another agency has a higher salary cap. Why would these differ? A: Congress can do this and often does. For example, at the SES or equivalent pay level, Congress has created at least 88 different pay systems, many with different caps and some with no caps. 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: How does a federal employee force an agency to honor an arbitration award? Is there any timeframe they must adhere to? A: If you went to arbitration, it was because you are in a bargaining unit and are represented by a union. It is up to your union to enforce the arbitration award. Your union has tools by which to do this, including the filing of an unfair labor practice…
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 remedies are available when a manager is disrespectful, rude or mean to a subordinate supervisor? I have read your columns on disrespectful behavior in the workplace, are there similar rules for management? A: The answer to the second question – are there similar rules for management – is yes, although a supervisor might be granted some leeway in dealing with a difficult or recalcitrant employee. If the subordinate is…
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: Are government employees supposed to get to two 15 minute breaks per day? A: There is no authority mandating 15 minute breaks. Many unions negotiate breaks into collective bargaining agreements. Remember, that breaks are considered to be part of the performance of job duties. Managers of non-bargaining unit employees could grant a break to non-bargaining unit employees but they don’t have to. 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 was given a memorandum of record for being late three different times by a military officer who is not my supervisor. It was pushed down through my chain of command. What recourse do I have? A: A memorandum of record is not a disciplinary action. It is a notice that, as perceived by others, you were late. If you think the memorandum of record is wrong you could put…
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 formerly a GS-13 and then served under NSPS. However, I have converted back to the General Schedule retaining the same job and duties, but am now a GS-12. Is this correct? What are my options? A: According to 5 C.F.R. § 9901.372(d)(1)(v), “an employee’s virtual GS grade may not be less than the permanently assigned GS grade the employee held upon conversion into NSPS (for an employee who…
The phone rings and it is Special Agent John Doe from your agency’s Office of the Inspector General. He tells you he is doing an investigation and wants to stop by the next day to clarify some things he’s looking into. Should you be worried? Should you kick yourself for procrastinating about purchasing professional liability insurance? First, when Agent Doe calls, ask if you are the subject or target of the investigation. It makes a significant difference whether you are a witness providing background information or whether the IG is looking into a concern that you might have violated the…
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: Recently, my supervisor produced a PAR for me on or about May 14, 2010 and backdated the PAR to October 22, 2008. I was not given the opportunity to sign, nor informed the PAR was placed in my personnel file. Is this considered falsifying official government documents? A: This question is difficult to answer without more information. The real issue presented, however, is whether—even if you can prove backdating to…
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 the government shuts down, would furloughed employees retain their Federal Employee Health Benefits coverage? If a federal employee were on FMLA leave during a furlough, would the time on the furlough be deducted from the leave time? Can a federal employee use accrued paid leave during a furlough? A: In the event of a government shutdown, the Office of Personnel Management has assured employees that even if they are…