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The author says it is becoming increasingly dangerous to criticize people’s weight. He says federal employees need to consider at what point it becomes unlawful harassment or retaliation when they encounter it in the workplace.
A lesser-known basis for a denial of a Federal Disability Retirement application is what is called “situational disability.” The author explains what this means and why most situational disability cases are failed applications at the outset as well as how to avoid them.
Managing leave and attendance problems has always been challenging for supervisors, and with reductions in federal spending, the author says they are being challenged now more than ever. He outlines some basic principles managers should know when addressing leave and attendance issues.
The first time around the agency mitigated a proposed removal to a 2-week suspension. This time it mitigated a proposed removal to a demotion. The employee unsuccessfully argued double punishment, but the MSPB and the appeals court say “not.”
Since the Federal Labor Relations Authority was inoperative for all but the last week or two of 2013, the most significant cases for practitioners were decided by the Merit Systems Protection Board and the Federal Courts.
One can almost detect the appeals court’s exasperation with the Merit Systems Protection Board and the Office of Personnel Management as it sorts out this tangled mess involving one deceased Forest Service employee, two surviving spouses, lengthy state court litigation, and an effort by OPM to make one of the women reimburse annuity payments she received erroneously-even though she had already paid them over to the other spouse.