Browsing: sick leave

Q: When making a request for sick leave, may my employing agency demand that I inform them of the medical condition that I am seeking treatment for? If I do not, may the agency deny my sick leave? A: It depends on the agency and its requirements regarding acceptable documentation for sick leave. Under 5 U.S.C. § 6307, an employee is entitled to sick leave with pay. In order to request sick leave, an employee must file an application under the procedures and time limits required by the federal agency in which he or she is employed. A federal agency…

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 for the federal government and have been placed on sick leave restriction at my job. I am required to submit a doctor’s note each time when I return to work. My employer has requested that I provide them with information as to why I was seen on each note. However, every doctor I have been to refuses to put any more than “out due to illness or injury”…

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 suspect an employee is falsifying a pregnancy for time off. I am 100 percent sure this person is not pregnant. Is this illegal? A: I assume the time off for the pregnancy is sick leave. If so, sick leave can be granted for a variety of reasons. It is, of course, illegal to obtain a federal benefit (like sick leave) by lying about eligibility. But, it sounds to me…

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: A federal employee with use or lose annual leave and 1200 hours of sick leave was out sick for two weeks and then four days at two separate times during a calendar year, both supported by medical documentation stating “this patient is under my care” with appropriate dates. However, they were placed on a letter of requirement even though they hadn’t been charged AWOL, had a negative leave balance and…

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 was recently refused sick leave under FMLA to care for my sister who is suffering from breast cancer and severe depression. I have also appealed the refusal to my manager’s supervisor. Can they do this? A: “Sister” is not a covered relationship under the Family and Medical Leave Act (FMLA). To be covered, the relationship must be a spouse, parent or child. FMLA generally must be requested in advance…

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 you are using a sick day but are seen out possibly getting medication or going to the doctor, is that time card fraud? A: If you claim to be sick because of a bad back, request such leave and are spotted during the workday playing golf, bowling or swing dancing, you might have a problem. But if your psychiatrist tells you to take a week off to de-stress to…

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 over 26 years of government service and have been diagnosed with Post Traumatic Stress Syndrome, anxiety and depression. I have applied to Social Security for disability and am out of sick leave and running out annual leave. Can I request advance sick leave even though I have applied for disability? A: You can apply. Your agency will grant or deny the advance sick leave based on their discretion.…

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 been working for the government for about 30 years and am 60 years old. I have been on sick leave for the past 6 months due to complications of PTSD and severe depression. I still have 3 more months of sick leave and 1 1/2 months of administrative leave left. I am currently being asked to set a date to return or start the retirement process. Can I…

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: How do I anonymously and safely report a fellow employee for suspected sick leave/continuation of pay fraud? A: You can file an anonymous complaint online with the U.S.P.S. OIG Investigations Hotline, which receives information from employees, customers and the general public for reporting fraud, waste, and misconduct. To file anonymously, visit: https://www.uspsoig.gov/hotlinenewforms.cfm. Another option to report suspected fraud or violations relating to any DOL program is through the DOL OIG…

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…

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