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 recently became aware of a case in which a federal employee had annual leave approved, decided not to take it, but was told by his or her supervisor that he or she would be required to take it. After getting the leave approved, the employee decided to retire before the end of the leave year, and therefore wanted to let the leave accrue, so he or she could get…
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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 leave manager and would like some additional guidance on when to notify employees of their FMLA rights and when they should invoke their rights. What if a pregnant woman has accrued two months of leave but hopes to take three months off to care for her newborn, when should I encourage her to invoke her FMLA rights? A: The Office of Personnel Management’s rules governing FMLA guidelines…
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 work Friday through Tuesday with Wednesday and Thursday off each week. I was required to attend a two-day meeting on my days off. I was told I would get paid overtime, however, instead of working 12 days straight, I decided to request leave for two other days. I was then told I would only get paid regular time if I took leave. This this correct? A: An employee generally…
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 law enforcement veteran who sustained an injury while in the performance of duty. I was placed on workers’ comp. Due to reporting errors by the agency, I had to use leave instead of COP. Is it possible, that due to the agency erroneously controverting the original claim, that I have the right to regain lost leave? A: According to the DOL website, an employee may use annual…
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 23 years of government service, I was recently reassigned to a new job and new supervisor. I have not yet been placed on performance objectives, but my new supervisor has threatened to place me on a PIP after being unable to complete a task because I had an already schedule appointment. The next day my supervisor yelled at me in front of the office. I felt sick, submitted 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 have an employee who was out on sick leave, but never requested FMLA protection. Can an employee ask for retroactive FMLA? A: A qualified employee may use up to twelve (12) workweeks of leave during any 12-month period for a serious health condition that makes the employee unable to perform the essential functions of his or her position. 5 CFR § 630.1203(4). In order for an absence to qualify…