November 2020 Federal Employment Law Training Group Newsletter
What Can You Do With What There Is?
Next week we celebrate Thanksgiving, which has long been my favorite holiday – and I’m sure many of yours as well. This year has been tough on all of us, but I encourage you to take a moment and try to think of one thing you are thankful for. For as many years as I can remember, my Mom has been saying that if you’re feeling low, a mindshift to gratitude will help reset your perspective. (For those of you familiar with the term, she calls it “counting your blessings.”)
This year because of the coronavirus pandemic, I won’t be traveling or spending the holiday with extended family. However, I’m still grateful to have them in my life. I am hopeful that things will get back to normal at some point, so we can make up for lost time. I’m also grateful for all of you, who help brighten the days of the staff here at FELTG when we have the opportunity work with you. Thanks for being so wonderful. And hang in there, everyone – we will get through this.
It’s time for the November newsletter, where we tackle COVID-related leave without pay, getting disciplinary actions right, dismissing failure to accommodate claims, new OPM regs, workplace violence and much more.
Happy Thanksgiving,
Deborah J. Hopkins, FELTG President
How Long is Too Long for COVID-Related LWOP?
By Deborah Hopkins, November 17, 2020 Nearly every day, we at FELTG get questions about COVID-related federal workplace issues. Here’s a recent one worth sharing with the rest of the FELTG Nation. Dear FELTG: I was wondering if there was any guidance on how long an...
Threats of Violence: Assessing Risk and Taking Action
By Dan Gephart, November 17, 2020 While the nation is grappling with a pandemic, the government’s most well-known scientist has been besieged with death threats. And as more than 150 million people exercised their right to vote earlier this month, state and local...
Another Look at Lee v. FAA: Getting a Disciplinary Action Right
By Barbara Haga, November 17, 2020 In a prior column, I addressed the case of Lee v. Federal Aviation Administration, No. 2019-1790 (Fed. Cir. July 29, 2020) in regard to failure to truthfully respond during an investigation and potential (or lack of it) for...
Compound the Pain: When EEOC Orders Agencies to Pay Interest on Damages
By Meghan Droste, November 17, 2020 Do you remember March 2020? I think I do, although sometimes when I think back to things I did in early March—including traveling across state lines and attending large events!—it feels like years ago, rather than just eight months...
GSA Offers Guidelines for Re-entry Into Physical Workspaces
By Michael Rhoads, November 17, 2020 The good news about the pandemic is we (hopefully) may start to see a light at the end of the tunnel. When will a vaccine be ready? When will it be widely available to the public? These questions do not have a definitive answer...
OPM Regs Provide Clarification on Clean Record Settlements
By Deborah Hopkins, November 17, 2020 Earlier this week, new and updated OPM regulations on 5 CFR Parts 315, 432 and 752 went into effect. Among the most significant changes included guidance, inspired by Executive Order 13839, on what agencies may and may not do when...
Tips from the Other Side: Dismissing Failure to Accommodate Claim
By Meghan Droste, November 17, 2020 For the past few months, we’ve been discussing reasonable accommodation issues in this space. Why? Well, they’re interesting. Also, because I anticipate you will probably see more requests whenever your agency starts to move back...