There are, generally, four major leave-based adverse actions that a Federal Employee can challenge to the Merit Systems Protection Board (MSPB).

1) AWOL

2) Failure to Follow Leave Requesting Procedures

3) Excessive Use of Approved Leave/Abuse of Leave

4) Enforced Leave

Click on the underlined text to read more about each charge and the elements.  When challenging an adverse action based on approval, disapproval, use or abuse of annual or sick leave before the  MSPB, the following statutes should always be considered as a defense or [...]

Federal Agencies that take an adverse action against a Federal Employee based on “failure to  follow leave procedures” will have to prove certain elements of that charge before the Merit Systems Protection Board (MSPB).

An Agency may take adverse action against a Federal Employee for failure to follow leave procedures so long as the federal employee is clearly on notice of the leave procedure, the leave procedure is legitimate, and the federal employee has been informed of the likelihood of discipline [...]

An Agency can take disciplinary action or adverse action against a Federal Employee for being Absent Without Leave (AWOL).  Rarely, however, is the Federal Employee both absent from work and absent without approved leave.  Adverse actions involving AWOL before the  MSPB often involve questions of doctors’ appointments, improper denials of annual and/or sick leave, etc.

Therefore, if an Agency takes an adverse action against a Federal Employee for AWOL, it must prove its charges before the  MSPB.  In order to prove [...]

Occasionally, we see a proposal letter that is so poorly or broadly worded that the Federal Employee is not fully informed of the charges that the Agency has brought against them.

When removing a Federal Employee, Merit Systems Protection Board (MSPB) case law is clear that 5 U.S.C. § 7513(b)(1) requires that the Federal government Agency give the Federal employee advance writtten notice stating the specific reasons for the proposed adverse action. The MSPB has consistently held that a Federal employee [...]

We all know that an Agency can try to remove you for being Absent Without Leave (AWOL). What if an Agency tries to remove you for taking too much approved annual leave or approved sick leave? How about if an Agency tries to remove you for taking too much Leave Without Pay? Will the Merit Systems Protection Board (MSPB) uphold that decision?

Every case is unique, so the answers to those questions are things you should discuss [...]

One very serious situation for Federal employees are allegations that the employee misused a government credit card.

The scenario that commonly arises usually involve a government credit card or travel card holder who makes a purchase which is not authorized. Most commonly, this type of discipline involves employees who allegedly purchase a personal item using their government credit card. Other times, it involves charges on a card or cash advances that exceed the pre-travel estimation.

In any of [...]

If an Agency places an employee on indefinite enforced leave, the Merit Systems Protection Board (MSPB) may have jurisdiction to review this action.

Typically, an Agency will place an employee on enforced leave, pending the results of a voluntary or involuntary application for medical/disability retirement, or in other scenarios where the Agency has questions (legitimate or not) about an employee’s medical inability to perform the essential functions of the job.

An Agency may place an employee on enforced leave pending inquiry to [...]

Increasingly, Federal agencies are charging employees with misconduct based on “lack of candor”. This charge is what Agencies use when they can’t prove “falsification”.

Falsification is an intentional misrepresentation of some fact. It often arises in filling out some government form, or in the course of an official (or unofficial) investigation – the employee is accused of knowingly providing an incorrect answer to a question, or knowingly trying to deceive or mislead the [...]