Q & A Session – LWOP Without Notification from Agency

0

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 October 2010, I submitted an application for medical/disability retirement. On March 11, 2011, my supervisor told me that I had to leave the agency within two hours because I had applied for disability retirement and that I cannot work. I was placed on LWOP on March 7, 2011, and have been until a final decision is made. This has all been done without any notification.

Can I be placed on LWOP while waiting for a determination without any notification?

A:

You may use your sick or annual leave and cannot be forced to take LWOP unless you have no sick or annual leave. If you are able to work, your supervisor may not force you to take LWOP. Being able to work may, however, be inconsistent with your disability retirement application.

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 and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Share.

About Author

Leave A Reply