Browsing: furlough

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 happens when a person breaks furlough and comes into the office to use the computer for personal reasons and chat? It was stressed to all employees that they should not come into the office on their furlough days. A: If an employee was specifically directed not to come into the office during furlough, but then disobeyed that instruction, he/she may be disciplined for failure to follow that instruction.  Bill…

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: Considering federal employees, can we file a class action lawsuit regarding the “furlough”? A: No. The government has the statutory right to furlough federal employees. Each agency has broad discretion to determine how to carry out furloughs, providing they do not discriminate against employees. Once you are furloughed, the Merit System Protection Board might consider whether to handle furlough appeals as a class action. 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: If I’m furloughed 1 day per week for the remainder of the year, how much notice must be given to me before that change happens? A: 30 days.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete…

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 sequestration and a DoD furlough happen, would there be provisions for those who have “use or lose” leave to have the leave carried over to the next calendar year as restored leave? A: The first round of furloughs will be done by October 1, 2013. This will allow three months to use “use or lose” leave.  Bill Bransford is managing partner of Shaw Bransford & Roth PC. Disclaimer: Ask…

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 see many recommending that government employees seek employment for the 1 day a week of furlough for the 22 weeks they will be without pay. Please explain the ramifications of working part-time while employed as a full-time government employee. I understand that each state may have different regulations. A: Check with your agency. My understanding is that some agencies prohibit furloughed employees from taking replacement work. Workers comp significant…

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…