| Read Time: 4 minutes | Federal Employee Rights

Disciplinary Appeals Board (DAB) Process for VA Employees

If you are a federal employee, disciplinary actions may be something you never thought you would have to face. But whereas most federal employees appeal disciplinary actions only before the Merit Systems Protection Board, the VA disciplinary appeals process differs slightly. Disciplinary Appeals Board (DAB) hearings address whether the employee demonstrated professional misconduct or incompetence. A DAB hearing features...

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| Read Time: 3 minutes | Disabled Government Employees

FMLA vs. ADA Rights for Federal Employees

Two of the most important laws for federal employees are the Family Medical Leave Act (FMLA) and the Americans with Disabilities (ADA). While the FMLA and the ADA overlap in several ways, they have significant differences too.  Essentially, both the FMLA and ADA provide special entitlements to employees with health issues or disabilities. The FMLA focuses on providing up...

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| Read Time: 3 minutes | Federal Employee Rights

Clean Record Agreements Make a Comeback for Federal Employees

In November 2022, the U.S. Office of Personnel Management (OPM) released a new final rule that rescinded several labor regulations implemented by former President Donald Trump’s administration. The new rules represent a big victory for federal employees across the country. Thanks to this new rule, federal employees can once again negotiate clean record agreements with federal agencies. Our federal employment lawyers...

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| Read Time: 4 minutes | Federal Employee Rights

What Is the FERS/OPM Disability Retirement Processing Time?

If you are a federal employee and are disabled, injured, or ill and find that you are no longer capable of performing your job, you may be entitled to Office of Personnel Management (OPM) disability retirement benefits. If you are anxious to submit your application to get financial security as quickly as possible, you might be wondering how long...

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| Read Time: 3 minutes | Federal Employee Rights

Federal Employee Disciplinary Actions: Protect Your Rights

As a federal employee, disciplinary actions are something to avoid. Although disciplinary actions are less serious than adverse actions, they can still put a serious blemish on your record. For that reason, it is vital you understand and exercise your rights as a federal employee when you receive a proposed disciplinary action. Read on to learn about common types...

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| Read Time: 6 minutes | Federal Employee Rights

Examples of Retaliation in the Federal Workplace

What Is Retaliation? In the context of a federal workplace, and as defined by the U.S. Equal Employment Opportunity Commission (EEOC), EEO retaliation occurs when an employer punishes, penalizes, or retaliates against an employee who participates in an EEO-protected activity, such as participating in an EEO process or “reasonably opposing conduct made unlawful by an EEO law.” Retaliation is...

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| Read Time: 4 minutes | OPM Disability Retirement

Federal Disability Retirement: Can I Get Disability Retirement With a Mental Health Condition?

Can I Get Mental Health Disability Pay Due to Mental Health Conditions? Before discussing this question, I want to say that no federal disability lawyer can tell you if any one condition will get you accepted for disability retirement. The key element of a disability retirement case is its connection to your ability to perform the essential functions of...

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| Read Time: 5 minutes | Reasonable Accommodation

5 Common Types of Reasonable Accommodations

Congress passed the Americans with Disabilities Act (ADA) in 1990 to protect the rights of people with various disabling conditions. One key provision of the ADA requires private-sector and public-sector employers to provide reasonable accommodations both to qualified job applicants and current employees. In combination with the Rehabilitation Act of 1973, the ADA makes workplace accommodation something that every...

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| Read Time: 3 minutes | FERS Disability

How to Apply for FERS Disability Retirement

As a federal employee, you are entitled to certain benefits. The Federal Employees Retirement System (FERS) provides retirement annuities if you cannot work because of a disability. To qualify, you must have been employed for at least 18 months and submit your application within one year of separation. The U.S. Office of Personnel Management (OPM) will review your application...

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| Read Time: 3 minutes | EEO Disability Disability Discrimination

Four Tips to Win an EEOC Complaint for Federal Employees

When you experience workplace discrimination, you may wonder what options you have for justice. One option is to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). In 2018, the EEOC received over 200,000 field office queries and resolved 90,558 charges of discrimination. These numbers may make you think, What are the chances of winning an EEOC case? Is...

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