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Excessive Leave vs. Medical Inability to Perform

Excessive Leave vs. Medical Inability to Perform

So you are a federal employee who has taken a lot of sick, annual or FMLA leave. In fact, you maybe have taken LWOP or have been marked AWOL. What happens when your agency says they are not willing to be patient anymore???

Did you know that as a federal employee you have a due process right in your job? What that means is that the federal government cannot just fire you without taking some type of disciplinary, performance based or non-disciplinary action. That can be very good news for you as a federal employee because the agency must propose your removal and give you the opportunity to reply and/or hire a federal employee attorney who is educated in the law to assist you.

Furthermore, if the agency chooses to remove you they must select a basis to remove you. Depending on the basis of this removal there are a number of responses and actions you can take that can greatly benefit you in either keeping your job or seeking disability retirement.

The next blog will describe two of the main ways that federal agencies (V.A., OPM, GSA, the Army, DOJ, etc…) tend to use when deciding to remove employees while they are out on medical related leave.


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