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 will be having my first child and becoming a father soon. Can I use FMLA intermittently? It looks like from the Department of Labor information I found, you may but it is subject to the employer’s approval. I requested to use one week of leave when the baby is born and eight additional weeks a couple of months later. I also requested an additional week months following that for…
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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 current federal employee. I have allergic asthma and was granted FMLA three weeks ago. I became ill recently and needed outpatient hospital treatment. I was scheduled for vacation the following week. Due to the severity of my asthma, my pulmonologist wrote me off work for two weeks. During these two weeks, my supervisor called to check on me and asked if I was at home. I feel…
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 an employee of a company that was a contractor for a federal agency. A federal employee threatened to fire us if I refused to overlook misconduct on the part of several employees. Eventually, this is what did happen. There have been multiple audits and investigations of the situation. Does any recourse exist against the threats, harassment, and retaliation perpetrated by the federal employee who was making fraudulent misrepresentations?…
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: Are there any guidelines as to how many GS-13 professional engineers a GS-13 professional engineer can supervise? A: There is a classification guideline published by OPM, but it is not a strict requirement. 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…
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 received a temporary promotion last year. After 120 days, I was returned to my previous salary. As I am still acting in the supervisory position, am I eligible for another temporary promotion on a year after the original temporary promotion? A: You are eligible for a longer temporary promotion, but only if you compete for it. 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: At what point would a position description update or change require the position to be re-advertised? A: A position description can be rewritten to reflect an accretion of duties without a change in the position’s incumbent so long as it was not a planned management action. If it is a planned management action and the job is to be upgraded, it would have to be advertised. Bill Bransford is managing…
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: I was told by my supervisor that I had to meet with her and that I did not need a union representative although I requested one to be present. I wanted the union present to discuss my functional statement as it related to a job assignment. I also wanted the union present because of the terrible relationship I have with my immediate supervisor. My supervisor has been known to stretch…
Managers dealing with problem employees and employees facing potential disciplinary actions should be aware of the Douglas Factors, 12 standards developed by the Merit Systems Protection Board to decide the appropriateness of a penalty for misconduct or other actions that are taken because of the “efficiency of the service.” Most managers who have proposed or decided an adverse action have been briefed on the Douglas Factors. Others may not be aware of the Douglas Factors, but should be so they can more effectively determine how to use such managerial tools as progressive discipline. The Douglas Factors get their name from a…