Category Archives: Leave

REINSTATEMENT & FRONT PAY AFTER REMOVAL FOR 840 HOURS OF AWOL/LWOP  Let’s count the mistakes the FBI made in terminating this employee (Emmitt) who had asked for a disability-related reasonable accommodation. First, the employee’s supervisor showed up at his house … Continue reading

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MSPB CLARIFIES WHEN AN AGENCY CAN TERMINATE FOR LEAVE ABUSE A GS-14 Supervisory Administrative Specialist at the SBA sustained a compensable injury requiring surgery and leave.  When she was cleared by her doctor to return to work, she requested a … Continue reading

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TAXES ON SICK LEAVE DONATIONS The bloggers at “Benefits Law Advisor” just posted some information from IRS entitled, “IRS Provides Guidance On Employer Leave-Based Donation Programs That Aid Victims Of The COVID-19 Pandemic.” Check it out.  It is short and … Continue reading

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QUIZ: WHEN IS CHARGING LWOP ILLEGAL? In this case an employee had an auto accident damaging someone else’s private property. After a short investigation, the employee’s supervisor informed her that she could choose between either taking Leave Without Pay (LWOP) … Continue reading

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SICK LEAVE ABUSE DURING THE PROBATIONARY PERIOD What can an employee do who is fired for alleged sick leave abuse during her probationary period? One employee recently showed that she can get reinstated with full back pay, compensatory damages, and … Continue reading

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HANDLING INTERMITTENT, UNPREDICTABLE LEAVE REQUESTS AFTER FMLA ENDS Our fellow bloggers at FMLA Insights just published some advice for handling those situations where a chronically sick employees runs out of FMLA leave.  It is a good piece for any union … Continue reading

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DO YOUR MEMBERS A “LEAVE” FAVOR Decades ago the federal employee leave rules were simple. If you want a vacation take annual. If you are ill, take sick leave. If you are out of annual or sick, ask for LWOP. … Continue reading

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“VAGUE” REASONS TO DENY LEAVE ILLEGAL Employees are denied leave requests all the time and generally no one on either side of the labor relations arena thinks twice about it because FLRA has held that management has a right to … Continue reading

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HAS OPM CHANGED LEAVE “POLICY” IN OFFICE CLOSURE SITUATIONS? If you missed OPM’s latest effort to interfere with collective bargaining, double back and read it closely.  OPM has announced that it wants “to change an outdated leave practice.”  To be … Continue reading

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FMLA & SICK LEAVE RECORD RULES EEOC has very specific rules about where employee FMLA and sick leave medical documents can be stored. If the agency violates them, they may owe the employee money damages—as a recent Dept. of Justice … Continue reading

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