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: An employee tells coworkers that he will be taking off for a long weekend, but does not have seniority to receive leave and is on the work schedule for those days. The employee then calls in with an emergency and claims FMLA (Family & Medical Leave) for those same days. Is this FMLA abuse? A: The FMLA rules anticipate that an employee request a FMLA absence in advance. Recognizing 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: Sometimes I am required to travel outside my normal duty hours to perform work at different base that may require the travel to start at 4:30 AM and return to my place of duty after 5PM. This isn’t on TDY but must be done in order to meet the contractors at the site they are working so I can provide COR over site. I have been told that all travel…
The issue of threats in the workplace is a serious matter for managers and for those employees who are subjected to the fear and intimidation that can accompany a threat. Managers have a duty to respond quickly and decisively. But when is a threat really a threat, and what action is appropriate? In the federal workplace, managers and human resources professionals use a five-part formula to determine how serious the threat is. This formula is often referred to as the Metz factors, a name taken from the court case that decided when a threat is a threat. The Metz factors…
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 I am on TDY in Japan and already have overtime hours on the current pay period, can I travel to other countries on my own expense during the same pay period? A: Although I cannot determine all the facts from your question, I assume that you are asking if you can take leave for personal travel once you have completed your requisite number of hours while on an international…
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: Can a federal agency refuse me workers’ compensation? What is the recourse if I am denied workers’ comp? A: For injuries that occur on the job, you need to complete either form CA-1, “Federal Employee’s Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation” or form CA-2 “Notice of Occupational Disease and Claim for Compensation”. The timeline for filing a claim under the Federal Employees’ Compensation Act (FECA) for…
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 is the difference between a PIP (Performance Improvement Plan) that is designed to help an employee succeed and a PIP that was merely put in place as a necessary step in the termination of an employee? If an employee was hired into a career ladder position and receives satisfactory annual performance evaluations but right before the 52 weeks are up, receives two quarterly performance appraisals with two “LTE’s” (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: The Notification and Federal Employee Antidiscrimination and Retaliation (No Fear) Act states, among other things, that employees who engage in misconduct be disciplined. I filed a complaint with the EEOC and the judge ruled in my favor; however, my manager was not punished. Are you aware of cases where managers have been punished? A: No. And you may not either because such information is protected by the Privacy Act. You…
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 I have to work a half day or more at locations that are 60 miles or greater from my normal place of work, can I be authorized for TDY? A: In order for your visits to other locations throughout the city to qualify as a TDY (and for you to gain compensatory time for travel to/from a temporary duty station), one must travel outside their “official duty station.” Your…
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: On an SF50, which veterans can check yes on box #26 (Veterans Preference)? A: Box #26 on a SF-50 may only be checked off as “yes” generally if a civilian employee is both retired from the military (your question states that you are not) and satisfies at least one of the three following conditions: The retirement was caused by an injury or disease endured directly from armed conflict or war;…
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: Do federal agencies have internal policies or directives on adverse actions? A: Some agencies have internal policies including tables of penalties. If an agency has a policy, it must be consistent with law and it imposes obligation on the agency to follow its stated policies. These policies should be publicly available. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended…