Ask FELTG
Have a question about federal employment law? Read below to find answers - or ask a question of your own.Ask FELTG: Our Agency Has a Table of Penalties, Must We Follow It?
Not all agencies have tables of penalties; approximately half do. For those not familiar with the concept, a table of penalties contains a list of misconduct charges, and a range of potential discipline for a first, second, and...
Ask FELTG: MSPB Only Has 2 Members; What Happens if They Don’t Agree on the Outcome?
As the FELTG newsletter reader pointed out, the Merit Systems Protection Board (MSPB) is currently down a member. So what happens if the two remaining members can't agree on the outcome of a Petition for Review (PFR)? It's a great question. And here's our answer. If...
Ask FELTG: Is There Case Law That Warns Against Alternative Discipline?
Much like the Merit Systems Protection Board, we at FELTG are longtime proponents of alternative discipline. And why not? In many cases, alternative sanctions are the more effective approach when addressing misconduct. Not too long ago, we received the following...
Ask FELTG: Does union rep have right to attend staff meeting whenever he wants?
Here’s a summarized version of the question that came into FELTG headquarters: I run a monthly staff meeting with the employees I supervise. They are bargaining unit employees. I received a request from a union rep to attend the staff meetings. I asked him the nature...
Ask FELTG: If an employee is AWOL, should agency charge only AWOL or also Failure to Follow Leave procedures?
June 26, 2023 Thanks for the question; it’s one we get fairly frequently. Let’s look at what the Merit Systems Protection Board (MSPB) says on this matter: AWOL and Failure to Follow Leave Procedures generally are separate charges with different elements of proof....
Ask FELTG: Does a Local CBA Trump an Agency’s Nationwide Policy?
June 14, 2023 Here’s more context from the loyal FELTG reader who posed the question: Let’s say, hypothetically, management at a regional outpost agrees to terms regarding office workspace with their local union, and then enters into a CBA articulating those...
Ask FELTG: If an employee is out of leave and requests Leave Without Pay for an ongoing illness, is the agency required to grant the LWOP?
Thanks for the question. And the answer is … it depends. A foundational principle regarding Leave Without Pay (LWOP) is that granting or denying LWOP is within the agency’s discretion. See Sambrano v. Department of Defense, 116 M.S.P.R. 449, ¶ 4 (2011). In cases...
Ask FELTG: Could Last Chance Agreement Open Agency to Disparate Treatment Claim?
The following question came into the FELTG mailroom. Our agency sometimes uses Last Chance Agreements, but a few members of leadership are concerned that offering LCAs to only certain people could open the agency up to claims of disparate treatment discrimination....
Ask FELTG: I work for a fairly small agency. Is it a problem if the same supervisor acts as both the Proposing and Deciding Official in a disciplinary action?
You might be surprised by this, but the answer is no – it’s not a problem or issue as long as the employee is given due process: 1. Proposal notice with charge(s), penalty, and the material relied upon in making the proposal; 2. An opportunity to respond orally and in...
Ask FELTG: What’s the Best Way to Calculate Non-pecuniary Compensatory Damages in an EEO Case?
February 28, 2023 Thanks for the question. The best way to determine appropriate compensatory damages in cases where agencies are found liable for discrimination, harassment, reprisal, or a failure to accommodate is to look at the harm the employee endured. It’s...