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No federal employee ever wants to receive an accusation of misconduct. As you can imagine, it can lead to all kinds of negative consequences. In the worst-case scenario, it can even derail your entire federal career.  That said, it’s essential for every federal employee to understand what misconduct is and what they can do if they’ve been accused of committing misconduct. This piece will delve into those topics and also relate several hypothetical examples of misconduct.  If you want to learn more about employee misconduct or receive customized legal advice, contact the Federal Employment Law Firm of Aaron D. Wersing PLLC today.  What Is Employee Misconduct? Understanding what constitutes misconduct by a federal employee is not always straightforward. However, the basic definition of employee misconduct is any behavior, action, or decision that breaches the established rules, policies, or expectations of a federal employer. Fortunately, misconduct generally does not include things like simple accidents. It’s completely natural for all employees to occasionally make a mistake. Misconduct occurs when actions are intentional or grossly negligent. Understanding the Nuances There are several key concepts to keep in mind as we explore the concept of employee misconduct.  Severity Chief among these is the severity of the misconduct. Misconduct isn’t a one-size-fits-all term; its gravity can vary. For instance, some actions are classified as minor infractions (like consistent tardiness or improper use of office communication channels), and some are seen as significant breaches (like leaking sensitive information or committing fraud).  Position and history Another key player in employee misconduct is your position and background. Your level of seniority within the federal government and the duties of that position can play a significant role in how your employer evaluates your conduct. In addition, any history of misconduct can color how your agency sees behavior that is questionable or problematic. Guidelines and culture Next, there are agency-specific guidelines and cultures to consider. Each federal agency has its own set of rules, guidelines, and expected behaviors. Something that’s deemed acceptable in one agency might be seen as a breach in another. And in all agencies, you will encounter unwritten ethical standards. Therefore, actions that might tarnish the reputation of a federal agency or lead to a public loss of trust can still constitute misconduct. Consequences Finally, a key principle underlying employee discipline is the severity of the behavior and how that affects consequences. Depending on the nature and frequency of the behavior, the consequences can range from verbal reprimands and mandatory training sessions to more severe punishments like demotions, suspensions, or even removal. In any situation suggesting potential misconduct, it’s beneficial to seek clarity, guidance, and representation. Federal Employee Misconduct Examples To help you understand the virtually endless scope of federal employee misconduct, consider these examples. These are only a few possible types of employee misconduct. If you face another kind of misconduct that you are unfamiliar with, it’s essential to contact a legal advisor.  Understanding Misconduct Is Not the End of Your Journey. It’s Just the Beginning.  If you’ve been accused of misconduct, understanding the basics and complexities of misconduct is just the first step. Next, you need to consider where these principles intersect with your own situation. You’ll need to evaluate how the circumstances of your positions and situation interplay with your agency’s goals. Finally, you’ll need to establish whether illegal behavior like discrimination and harassment are playing a role. It’s incredibly difficult to do all this on your own. Fortunately, you don’t have to do this on your own. With the Federal Employment Law Firm of Aaron D. Wersing PLLC by your side, your future will rest in capable hands. Our attorneys boast a deep comprehension of federal employment laws and procedures. In addition, we strive to provide exceptional client service. With our assistance, you can feel confident when addressing any concerns or challenges you have that are tied to misconduct. Contact us today to leverage our extensive knowledge and get the representation you deserve.

Last year, the federal government created a new paid leave category for federal workers—paid parental leave (PPL). As part of the Federal Employees Paid Parental Leave Act of 2019 (FEPLA), most federal workers can take up to 12 weeks of PPL in connection with the birth of a child. Employees can also use federal paid parental leave for the placement of a child under their care. This includes situations like adoption and foster care.  Paid parental leave is just the latest addition to the many benefits of federal employment, including generous retirement benefits, regular working hours, and ample health benefits. Learn more about the government’s new federal paid parental leave below. What Is Parental Leave For Federal Employees? The Federal Employee Paid Leave Act (FEPLA) provides federal employees with up to 12 weeks of paid leave to care for a newborn or newly adopted child. The employee must take this leave within 12 months of the birth or adoption of the child. Which Federal Employees Qualify for Paid Parental Leave? To use paid parental leave, you must complete at least 12 months of federal service as stated in 5 CFR 630.1201(b)(1). Furthermore, you must not be under a temporary appointment (less than one year). You also cannot be an intermittent employee.  Provided you meet these basic requirements, you are eligible to take paid parental leave under FEPLA.   When Did Paid Parental Leave for Federal Employees Come Into Effect? Congress passed the Federal Employee Paid Parental Leave Act in December 2019, as the name of the bill indicates. However, the rule implementing the bill’s provisions did not come into effect until October 1, 2020. This means that federal employees cannot take any PPL for any births or placements of children that took place before that date. Additionally: However, if you have multiple children at different times during one year, each child qualifies you for a new PPL period.  Parental Leave vs. FMLA Legally, parental leave is viewed as a kind of leave available under FMLA. This means that you can obtain paid parental leave only if you are eligible for FMLA leave. Parental leave also counts as FMLA leave; you can’t use both within the same twelve-month period. What Are My Options If I Had a Child Before the Paid Parental Leave Law Came Into Effect? If your child was born or came into your care before October 1, 2020, you can still take leave to care for them. However, you won’t receive any pay during that time.  Before FEPLA, the closest thing to a Federal employee maternity leave law or a Federal paternity leave law was the Federal and Medical Leave Act of 1993 (FMLA).  FMLA allows eligible federal employees to take leave for up to 12 weeks for a variety of medical reasons, including the birth of a child. However, unlike FEPLA, FMLA provides employees only unpaid leave. Furthermore, you have to meet the same standards for FMLA as you would for FEPLA.  Can I Use Leave Under Both FMLA and FEPLA? No. PPL is provided as a replacement for the unpaid leave provided under FMLA. However, you can use sick leave and annual leave in coordination with PPL. Do I Have to Use My Sick or Annual Leave Before Using Paid Parental Leave? No. In fact, the Office of Personnel Management (OPM)—the agency responsible for determining the personnel practices of all federal agencies—explicitly states that federal agencies cannot force their employees to take other forms of leave before using PPL.  How Do I Request Paid Parental Leave? Most federal agencies have their own paid parental leave request forms. If you intend to request PPL, contact your local human resources office to learn about the forms that your agency uses.  Please note that you must provide supporting medical documentation if your employer requests it. The types of supporting documentation you have to submit will vary from agency to agency.  That said, OPM released guidance for the kinds of documents agencies may accept. Commonly accepted medical documents include birth certificates, hospital records, and any documents that name you as a parent.  Finally, FEPLA requires that you sign an agreement promising to work at least twelve weeks of work after using PPL.  Is Your Federal Employer Giving You the Paid Parental Leave You Are Entitled To? The new federal paid parental leave law recognizes that the birth or placement of a child is a life-changing event. It’s also a stressful period that requires your full attention without the interference of work. If your employer is denying you paid parental leave or retaliating against you because you took PPL, they are infringing on your rights.  That’s why we are here. At the Law Office of Aaron D. Wesing, PPLC., we fight to protect our clients’ rights. We also work to ensure that they get fair treatment from their employers.  Over the years, we’ve helped hundreds of federal employees deal with a huge range of federal employment problems. So let us help you stand up to your employer. If you think that your federal employer is violating your rights, contact us online or call (833) 833-3529 to schedule consultation today. 

For federal employees contemplating retirement, understanding the nuances between different retirement strategies is essential. Except for a few very senior employees, most federal workers fall under the Federal Employee Retirement System (FERS). It’s particularly important to understand whether FERS deferred retirement or FERS postponed retirement is a better fit for your circumstances.  In this article, we’ll clarify the difference between these two different retirement options and help you understand which one might be better for you.  However, if you need specific advice for your situation, then contact a competent FERS disability retirement attorney today.   Understanding Your Options: FERS Deferred or Postponed Retirement First, we need to explore what the terms “deferred retirement” and “postponed retirement” mean. Although these options fall under the FERS, they each operate under distinct circumstances and hold unique implications for retirees. Deferred retirement is typically for FERS employees who leave federal service before they reach the minimum retirement age (MRA). You can apply for deferred retirement if you have at least five years of creditable civilian service. However, bear in mind that you can’t withdraw your contributions to the retirement fund. If you do, you won’t be eligible for deferred retirement. On the other hand, postponed retirement is an option for FERS employees who have reached their MRA and have somewhere between 10 and 30 years of service. Postponed FERS retirement allows you to delay receiving retirement benefits to avoid the age reduction penalty.  What Are the Differences Between Deferred Retirement and Postponed Retirement? Besides the eligibility requirements and the retirement benefits that we just mentioned, there are several other differences between deferred retirement and postponed retirement.  1. Insurance Benefits One critical difference lies in health insurance and life insurance benefits. Under FERS deferred retirement, you are not eligible to continue receiving either Federal Employees Health Benefits (FEHB) or Federal Employees Group Life Insurance (FEGLI) after you leave federal service. If you choose to postpone your retirement, you can reinstate your FEHB and FEGLI when you begin to receive your annuity. However, to receive these benefits, you need to show that you were enrolled in these programs at least five years before your separation. 2. Survivor Benefits Another key difference involves survivor benefits. If you die while receiving a deferred retirement annuity, no survivor annuity is payable. This is because you have to receive an immediate annuity that began within 30 days of your separation to be able to receive survivor benefits. By contrast, FERS postponed retirement can sometimes pay out survivor benefits to your loved ones if you pass away before receiving your annuity.  3. Thrift Savings Plan FERS deferred and postponed retirements also differ when it comes to the thrift savings plan (TSP). All employees under FERS benefit from the TSP. Furthermore, deferred retirees and postponed retirees can withdraw their TSP funds. However, if deferred retirees can withdraw their TSP funds after they separate, they will have to pay the IRS’s early withdrawal penalty if they are below the age of 59 and 6 months. However, postponed retirees do not have to pay the early withdrawal penalty because they are already at their MRA. 4. Cost of Living Adjustments Lastly, FERS deferred retirement does not offer cost-of-living adjustments (COLAs) until the retiree reaches the age of 62. Conversely, retirees under FERS postponed retirement can receive COLAs as soon as they begin receiving their annuity, even if they are under 62. Is There a FERS Deferred Retirement Calculator I Can Use? Many people find it helpful to visualize their retirement options with a retirement calculator. While OPM offers a general formula for calculating your FERS retirement, they do not offer a calculator specifically for deferred retirement situations. If you’re looking to calculate your potential retirement sums, it’s best to contact an experienced federal retirement attorney. Let Us Help You Determine Whether FERS Deferred Retirement or Postponed Retirement Is a Better Option For You! Call Today While this article provides a basic understanding of the interplay between different kinds of retirement, it’s only a foundation. The truth is that retirement decisions can be complex. In addition, the choices you make for your retirement will have tremendous effects on your life down the road. Consequently, it’s prudent to reach out to a knowledgeable federal attorney who can give you the advice you need.  Our team of adept attorneys at the Federal Employment Law Firm of Aaron D. Wersing, PLLC, is deeply knowledgeable about the nuanced legal factors intrinsic to FERS deferred and postponed retirement cases. In addition, we share an abiding passion for helping the dedicated civil servants who make our country’s government run effectively. Together, we can help you understand which retirement option is best for you in light of your circumstances. We’ll then take the steps necessary to put your plan into motion, including helping you complete your application for deferred or postponed retirement under FERS. If necessary, we’ll work with your agency to ensure that your legal rights are respected and that you receive the retirement benefits that you rightfully deserve.  Contact us today to set up your initial appointment by calling us at 866-612-5956. You can also visit our website online.