The new rules of enforced leave (Article)

Debra Roth, Partner, Shaw Bransford & Roth P.C., a federal employment law firm, wrote the Ask the Lawyer article, "The new rules of enforced leave" for Federal Times in August 2014.


"If you’re in an agency that places employees on forced leave, beware: The law has changed, and how the Merit Systems Protection Board will adjudicate an appeal of such actions has dramatically shifted.

A Postal Service supervisor for customer services submitted a request to work on light-duty assignment. The employee’s supervisor denied her request on the grounds that, within the employee’s medical restrictions, there was no work available. The USPS then proposed and issued a final decision effecting the enforced leave action. The employee appealed the decision to the board, but an MSPB administrative judge dismissed the appeal finding that the employee failed to establish that enforced leave for more than 14 days constituted a constructive suspension. The employee filed a petition for full board review, and the board reversed the administrative judge, finding that an enforced suspension was not a constructive suspension, but a directly appealable suspension."

Read the full article.

News source: Federal Times