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 have over 26 years of government service and have been diagnosed with Post Traumatic Stress Syndrome, anxiety and depression. I have applied to Social Security for disability and am out of sick leave and running out annual leave. Can I request advance sick leave even though I have applied for disability? A: You can apply. Your agency will grant or deny the advance sick leave based on their discretion.…
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 part-time federal employee who is required to have a GSA travel card. I have not been trained to do my own vouchers so I have to depend on someone in my regional office to do all reservations and arrange for payment of the card. Mistakes have previously been made that have resulted in problems with the credit card company. I have been told if the card 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: I have a coworker that has been caught lying by many in the office. One situation was during his hiring interview and an IG complaint was made. The second situation involved an encounter with law enforcement while on TDY and another was accusing a supervisor of discrimination and then denying that he made the accusations. This has created a hostile work environment and individuals in the office question his trustworthiness…
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 I retire, I will have worked over two years beyond the CSRS maximum pension computation formula of 42 years. I understand the overpayment will be refunded to me, however, as required by a court order my ex receives some of my pension. Does this mean when I receive the refund, my ex will get a portion of it? Is it possible to obtain my refund by means other than…
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 employed by one agency and then transferred two and a half years later to another agency under the Federal Career Intern Program where I worked for almost two more years. Only a week prior to the elimination of FCIP, I was separated from the agency I had been working for. Didn’t I complete my probationary period requirements and doesn’t that protect me from being fired? A: Your question…
How disrespectful can an employee be without facing disciplinary action? Eye rolling, shrugging and leaving the room before a meeting is over are actions that fall under the broad category of bad attitude. They constitute disrespect whether they are directed at a supervisor, co-worker, customer or member of the public. In addition to using body language as a type of disrespect, there is disrespect that comes from ignoring someone’s email or phone call. Further, disrespectful conduct occurs when employees engage in name-calling with such epithets as “liar” or “incompetent jerk.” Finally, there is disrespect when an employee yells at 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: Is the deduction of normal commute time supposed to be deducted from compensatory time whether the travel is on a normal duty day or not? A: Yes, your normal home-to-work and work-to-home commuting time will always be subtracted from the amount of compensatory time you receive for official travel to/from your home to a temporary duty station. 5 C.F.R. § 1504(c). 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 told that when under continuing resolution status, we are unable to get overtime and must accept compensatory time instead. Is this correct? A: It may be legal depending on your circumstances. Some employees whose basic rate of pay exceeds that of a GS-10, Step 10 can be required to take compensatory time in place of overtime pay. Many agencies continue to offer overtime pay for employees above that…
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 FERS annuity retirement benefits subject to garnishment by the state court as a result of a civil verdict? A: That depends on the type of civil lawsuit. Generally, FERS benefits may not be garnished by state courts. This is explained by Title 5 of the Code of Federal Regulations, Part 838. There is an important exception to this rule though. Title 5 of the Code of Federal Regulations, Parts…
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 true that when a federal employee travels on a federal holiday, he or she is compensated with overtime rather than travel comp time? A: Yes, you are correct that a federal employee who is non-exempt from the Fair Labor Standards Act will be compensated with overtime pay when required to travel on a federal holiday. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask…