Q: If someone was arrested five years ago outside of work, and immediately put on indefinite leave of absence without pay, and then resigned a few weeks after the arrest before receiving any type of proposed removal, do you think this individual should say “Yes” to the question in Optional Form 306 today after receiving a tentative job offer from the federal government? A: You stated the arrest was five years ago, but did not indicate what happened as a result of the arrest. I am assuming you do not have a conviction, which would trigger reporting under Question 9. Question 12…
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Q: After an organizational change, I was reassigned to another division. The division director asked if I would like to be moved from a 2210 IT specialist series, to a 343 Management Analyst. Can she move me to another position that is outside my current series, even though there are plenty of job openings in my current series? A: The short answer is yes, the agency may re-assign you to a different series. In general, federal agencies are permitted to re-assign employees from one position to another to promote the efficiency of the federal service. See, 5 C.F.R. § 335.102. The agency should…
Q: I am currently an engineering technician NT-04 (802-GS-12) and would like to be promoted to a 1550/801 GS-13/14 Computer Scientist. I have met all of the training and experience requirements needed for the position. The duties and responsibilities I’ve performed over the last five years have been those typically fulfilled by personnel hired as a computer scientist or general or electrical engineer at the GS-13/14 level. A: The knowledge, skills and experience you have are not something that is contingent upon the position you are in, your position description, or series. However, those skills may not be recognized and compensated for if…
Q: I’m a federal employee running in a non-partisan local election. I have not sought the endorsement or support of any political party. However, a local political party has endorsed me and put my name on their mailer. None of my campaign materials, online activities, or fundraisers has mentioned this unsolicited endorsement. Is this a violation of the Hatch Act? A: The Hatch Act, 5 U.S.C. §§ 7321-7326, prohibits employees of the executive branch of the Federal government from participating in some forms of political activity. The U.S. Office of Special Counsel (“OSC”) is the Federal agency responsible for investigating and administratively…
Q: I am permanently disabled and I retired in February of 2012 with regular retirement, as advised by OPM. I am low on funds, and cannot afford my medication, so I contacted OPM and asked if I can change to disability retirement. They said it’s too late, is that true? A: For employees in Federal Employees Retirement Systems (“FERS”), an application to change your retirement to disability retirement may be filed within one year of your separation from employment, so long as you did not elect an alternative form of annuity with a lump sum payment equal to your retirement contributions. For…
Q: I believe I read somewhere that the Agency cannot place a federal employee on a PIP based on the evaluation/rating of a supervisor who is no longer an employee of the agency. Is this correct? A: There are no laws or regulations precluding an agency from relying on a performance rating issued by a supervisor who has left the agency. The U.S. Office of Personnel Management (“OPM”) only requires that the employee be under an established set of performance elements and standards for a given appraisal period, and that a supervisor have the necessary information to rate the employee. Government-wide…
Q: I received additional money in my paycheck. In my previous positions, it was not uncommon to receive awards without notification, so I assumed the additional money was a performance award. I have since been informed that it was an error and I need to repay the money. Am I responsible for someone else’s mistake? A: Yes, you must repay that money, regardless of whether or not you have already spent it. It is not your money to keep. You are only entitled to money or benefits from the government which are entitled to you by law. You are not…
Q: What are my rights if I suspect favoritism in the hiring process? A: You could file a complaint with either the agency’s inspector general or the Office of Special Counsel (OSC) if it involves prohibited personnel practices. For instance, OSC investigates prohibited personnel practices, including allegations that an agency official: requested or considered a recommendation based on political connections or influence; obstructed anyone from competing for employment; influenced anyone to withdraw from competition in order to improve or injure the employment prospects of any person; gave an unauthorized advantage in order to improve or injure the employment prospects of…
Q: I am a federal supervisor, who recently proposed a disciplinary action for an employee. My supervisor is the deciding official. Is the deciding official required to complete their own separate analysis? A: The Federal regulations outlining the procedures for taking disciplinary actions (defined as suspensions of 14 calendar days or less) and/or adverse actions (defined as suspensions of greater than 14 calendar days, removals, or reduction in pay or grade) against a Federal employee require that an agency, in arriving at its decision, “will consider only the reasons specified in the notice of the proposed action and any answer…
Q: I have a couple questions about reasonable accommodation. Can an agency create a position to accommodate? Also, can an agency accommodate by reassigning an employee to a detail (a position that does not exist)? From the research I have done it states that reassigning an employee must be to a “vacant funded position.” A: Your research is accurate. Agencies are given significant flexibility in providing reasonable accommodations to their employees. It is within an agency’s discretion whether to create a position for which to reassign an employee or to place an employee on detail (essentially a temporary reassignment to…