Federal employees may at times face the temptation to call in sick so they can have an unscheduled day off. Abuse of sick leave in the federal workplace is a serious issue that all federal employees should try to avoid. Sick leave abuse laws exist which can carry significant penalties for those who misuse their sick leave. There are also a few ways that supervisors can spot and investigate sick leave abuse by federal employees. If your supervisor has accused you of being a federal employee who’s committed sick leave abuse, contact a federal employee sick leave abuse lawyer right away. When Is It Okay to Use Sick Leave? The Office of Personnel Management (OPM), a federal agency that regulates the employment policies of most other federal agencies, states that federal employees may use sick leave when they need to: Attend to their own personal medical needs; Care for a family member with a serious health condition; Attend a funeral for a family member; or Carry out adoption-related activities. OPM does not define what constitutes an abuse of sick leave. That said, it’s reasonable to assume that any use of sick leave for reasons other than those listed above could constitute “sick leave abuse,” especially if done repeatedly and within a short period of time. Common signs of sick leave abuse are: Taking sick leave on a regular, periodic basis (like every other Friday); Taking excessive amounts of sick leave; and Providing little or no evidence supporting their alleged reason for taking sick leave. If an agency discovers that an employee is committing OPM sick leave abuse, the employee can face discipline. An employee can even face removal from federal service. What Employers Can Do About Sick Leave Abuse While OPM does not define sick leave abuse, it does establish procedures for employers to require evidence from employees who request sick leave. Specifically, an agency may require “administratively acceptable evidence” before granting sick leave. The definition of “administratively acceptable evidence.” For example, if an employee requests sick leave to care for a family member, the agency may require that the employee provide proof of their relationship with the family member. If an employee claims sick leave to visit a doctor, the agency can request a doctor’s note that confirms the visit. Do You Need a Federal Sick Leave Abuse Attorney? Accusations of sick leave abuse are no joke. If you have been accused of abusing sick leave, you could be counseled, reprimanded, suspended, or even removed from your job. So if your supervisor has accused you of sick leave abuse, you need to contact a sick leave abuse attorney immediately. When looking for an attorney that can help you defend your rights, it’s absolutely essential that you select someone who has familiarity with your situation and the federal workplace. At the Law Office of Aaron D. Wersing, PLLC., we concentrate on representing federal employees and protecting their rights. Our firm has the experience needed to help federal employees who have been accused of misconduct. Even if you aren’t sure whether you need an attorney, it takes no time at all to contact us. All initial consultations are free, so don’t take any chances with your career. Contact us today.Read More
Federal Employment Law Firm of Aaron D. Wersing
The Lawyers for Federal Employees
Federal employees have unique rights unlike other employees, and many of those rights are governed by specific laws that are unique to federal employees. At the Federal Employment Law Firm of Aaron D Wersing, our team of experienced federal employment lawyers is dedicated to helping federal employees understand and protect their rights.
Just like other employees, federal employees can face an array of challenges. When these challenges require you to file a lawsuit, an administrative complaint, or a claim for benefits, it is important that you have a knowledgeable advocate on your side.
The Federal Employment Law Firm of Aaron D Wersing has experience with all types of legal issues affecting federal employees, including disability claims, discrimination and harassment, whistleblower claims, retaliation, wrongful termination, and other adverse employment actions.
If you are a federal employee, the process for protecting your rights is different than for most employees in the private sector. It is important that you have an attorney with specific experience in federal employee law, not just general employment law.
Our practice is directly focused specifically on federal employee law.
Enforcing your rights as a federal employee frequently involves navigating various layers of bureaucracy.
Additionally, it can often be challenging to determine which agency is responsible for your specific type of claim and what process that agency requires you to comply with.
The Law Office of Aaron D. Wersing has experience working with numerous agencies across the federal government regarding federal employee issues. These issues can include complaints or claims involving:
- The Merit Systems Protection Board (MSPB),
- The Equal Employment Opportunity Commission (EEOC)
- The Office of Special Counsel (OSC)
- The Federal Employees’ Retirement System (FERS)
- The VA Office of Accountability and Whistleblower Protection (OAWP)
- The National Labor Relations Board (NLRB)
- The Federal Labor Relations Authority (FLRA)
When dealing with claims before these agencies, even small mistakes, such as missing filing deadlines, failing to gather adequate supporting documents, or filing a claim with the wrong agency can be costly.
Having an experienced federal employee lawyer on your side can make all the difference.
At the Federal Employment Law Firm of Aaron D Wersing, our team of federal employment attorneys is passionate about helping federal employees with any legal issues they may face. If you need help pursuing benefits you are entitled to or protecting your rights against wrongful conduct, contact us today.
How We Can Serve You
Meet Aaron Wersing
Federal Employee Attorney
Aaron Wersing is the founder of the Federal Employment Law Firm of Aaron D Wersing PLLC. His practice focuses solely on assisting federal employees in a broad array of litigation and transactional matters. Mr. Wersing’s practice includes the evaluation and resolution of a diverse variety of federal employment matters.
I can’t say enough good things about Mr. Wersing. He was dedicated to my case and because of his dedication he won my case. I was lost without him. I went to many attorney’s and all of them told me they were unable to help me because the government was to hard to fight against, but not Mr. Wersing. He knew his stuff . If your looking for an attorney who treats you like a person and just not like another number, Mr. Wersing is that attorney. He knows his stuff and will fight for your rights. I can never thank him enough.- Sandy | EEOC
Aaron Wersing is at the very top of every attorney I have met or dealt with. He is a patient, pleasant and professional attorney who is mission oriented and dedicated to get the job done. He helped me through a very arduous disability process allowing me to keep my self dignity and respect. I cannot imagine working with any attorney other than Aaron Wersing when applying for Fers Disability or any other employment & labor, employee benefits or workers compensation issues.- Howard M. | FERS Disability
Aaron is not only confident in getting things done, he is very compassionate and caring. He is a true fighter for what he believes is right. My case was a bit complicated but Aaron never backed down. Applying for OPM can be daunting and personal. Aaron has the ability to keep you focused and on track which means he understands how emotional it can be for somebody that has to retire due to medical conditions. Because of Aaron my OPM was approved the first time and we didn't have to do a reconsideration. If you want a good attorney that will fight for you, Aaron is your man. I will be forever thankful.- Tammy | FERS Disability
Our Federal Employment Law Library
Empowering Federal Employees To Know and Exercise Their Rights
Cannabidiol (CBD) oil is an increasingly popular product in the United States. People use CBD oil as a remedy for many mental and physical conditions. Others use CBD oil as a health supplement and as an ingredient in many food products. CBD oil can come from a part of the cannabis plant, the use of which is still illegal under federal law. Since 2016, there have been changes in the legality of CBD oil, and the current policy is evolving and complicated. Subsequently, many people are wondering: Can federal employees use CBD oil? The answer is that it depends. Specifically, it depends on the source of CBD oil and whether it contains psychoactive compounds. If your federal agency is trying to discipline you for using CBD oil, you need to contact a federal employment lawyer immediately. Is CBD Oil Legal for Federal Employees? Before we dive into this issue, it’s critical to understand a few basic premises and definitions. Marijuana is a psychoactive drug that currently remains illegal under the federal Controlled Substances Act (CSA), and it is a product of the cannabis plant. Another name for the cannabis plant is hemp. However, under recent federal law, there is a critical difference between hemp and marijuana. While both hemp and marijuana traditionally referred to the same plant species (cannabis), the Agriculture Improvement Act of 2018 (Farm Bill) re-defined hemp as any cannabis plant that contains 0.3 % or less of the psychoactive substance Tetrahydrocannabinol (THC). THC is the main active ingredient in marijuana. Marijuana, on the other hand, refers to a cannabis plant that contains over 0.3% of THC. While the Farm Bill made hemp legal in 2018, marijuana is still illegal. CBD oil can come from both hemp and marijuana plants. Because federal law still prohibits marijuana, CBD oil from marijuana is illegal for federal employees to use. However, hemp-based CBD oil is not illegal for federal employees to use. So, Can Federal Employees Use CBD Oil from Hemp? Technically, yes. Yet federal employees still need to be cautious about using hemp-based CBD oil. Although hemp contains virtually no THC, there may still be enough to result in a positive drug test. On top of that, many hemp products are not well regulated. This means you may unwittingly purchase CBD oil that is partially sourced from marijuana. This has major implications if you are a federal employee in a testing-designated position (TDP). You could face discipline if you test positive for THC, even if it is an accidental result of using CBD oil. Just in 2019, for example, a federal agent for the Department of Homeland Security lost his job after testing positive for THC because he regularly used CBD oil for back pain. Want to Learn More About Whether Federal Employees Can Use CBD Oil Or Not? Even if you are using hemp-based CBD oil, you can test positive for THC. And testing positive for THC can end your federal career and turn your life upside down. If your federal agency is trying to fire you for testing positive for THC or for using CBD oil, you need to consult a federal employment attorney right away. At the Law Office of Aaron D. Wersing, PLLC., we are committed to protecting the rights of federal employees. We’ve helped hundreds of federal workers employees over the years with a wide variety of federal employment problems. Don’t risk your career by going unrepresented. Contact us today for a free initial consultation.Read More
If you have suffered bullying in the workplace, you might be able to receive relief under federal law if the bullying has certain characteristics. As a federal employee, you can maintain a legal action for bullying if that bullying also qualifies as harassment under Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. If you are unsure if bullying at work is actionable, don’t resign yourself to the stress and fear, contact an experienced workplace bullying lawyer immediately for help. Is Workplace Bullying Illegal? It depends. Federal work bullying laws are really laws against harassment. Employment bullying qualifies as illegal harassment if it’s a condition to continue your employment or it’s severe and pervasive enough for a reasonable person to consider it hostile. Bullying cannot be illegal harassment unless it’s unwelcome conduct motivated by one of the following factors: Race, Color, Religion, Sex, Sexual orientation, Gender identity, Pregnancy, Age (if you are 40 or older), Disability, Genetic information, Family history, or Medical history. Your employer can be guilty of harassing you for being a member of a protected group mentioned above or for perceiving you to be a member of a protected group. Your employer can be liable for harassment committed by a supervisor, one of their agents, a co-worker, or a non-employee. You also don’t have to be the person harassed to maintain a legal action. If harassment of another person affects you, you could have a claim. Can I Sue for Workplace Bullying? Yes. Legal action against workplace bullying is available to you if the bullying fits the definition of harassment under federal law. However, federal employees can bring workplace bullying lawsuits only after they have followed the steps to make an administrative complaint with the federal Equal Employment Opportunity (EEO) office. What Is the Procedure for Filing Workplace Bullying Complaints and Workplace Bullying Lawsuits? There are many steps on the way to filing a lawsuit against your employer for harassment. Suing for workplace bullying can be a complicated process, and a lawyer for workplace bullying can help you fulfill every step. Filing a Workplace Bullying Complaint If you are a federal employee, bullying in the workplace law requires that you first reach out to an EEO counselor at your employer’s agency within 45 days of suffering harassment. You can either take part in counseling or alternative dispute resolution (ADR). If ADR or counseling doesn’t solve the problem, you can file a formal complaint with your agency’s EEO office. You have 15 days after receiving an EEO counselor’s filing notice to file a complaint. The agency can either dismiss your complaint for procedural reasons, or conduct an investigation. The agency has 180 days to investigate. After investigating, the agency gives you a notice about asking for a hearing or issuing a decision about whether there was discrimination. If you want a hearing, it is held before an administrative law judge. You have 30 days from the agency’s hearing notice to file for a hearing. You can request a hearing in writing or online. After the judge makes a decision, the agency gets 40 days to decide if they are going to grant you relief that the judge orders. This decision is called a final order. If you don’t agree with the final order, you can request an appeal within 30 days. You can also ask for reconsideration of the appeal decision within 30 days. If you follow the procedure correctly, you have many chances to get justice against harassment. An experienced attorney for workplace bullying can preserve your rights at every level of the process. Filing a Workplace Bullying Lawsuit Once you have been through the administrative complaint and appeals process, you can file a bullying-at-work lawsuit. There are a number of different times when you can file a lawsuit, depending on the situation. To file a lawsuit against your employer for violating laws against workplace bullying, you have to follow these timelines: You can file after 180 days have passed since filing your complaint, if there hasn’t been an agency decision or appeal; You must file within 90 days of receiving an agency decision on your complaint, if there hasn’t been an appeal; You can file after 180 days have passed since filing your appeal, if there hasn’t been an appeal decision; or You must file within 90 days of receiving an appeal decision. A workplace bullying attorney can determine if the time is right for you to file a lawsuit and champion your rights to a safe workplace in court. If you are curious about workplace anti-bullying laws by state, many of them are similar to the federal laws (though deadlines and procedures vary). But you must follow the federal procedures above if you are a federal employee. Contact an Attorney for the Protection You Need Please remember that you don’t have to endure every hostile behavior at work to receive a paycheck. The workplace bullying lawyers at the Federal Employment Law Firm of Aaron D Wersing PLLC are experienced in federal employment law and dedicated to protecting federal employees’ rights. Contact us online or call us at 866-508-2158 for the guidance and protection you need.Read More