MSPB: What is a constructive suspension and can it be appealed to the MSPB?
By Chris Attig | PermalinkNovember 23rd in MSPB - Adverse Action Appeals (Performance and Discipline), MSPB Appeals.
An increasing number of cases before the Board seem to involve the issue of constructive suspension. What is a constructive suspension?
A constructive suspension occurs when, through no fault of her own, an employee is absent from work for more than fourteen (14) days, with a loss in pay. A constructive suspension can only occur when the Agency – not the employee- initiated the absence. If the employee voluntarily initiates an absence, then there is no constructive [...]

