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  1. #1
    Join Date
    Apr 2005
    Posts
    3

    Default Lost Pay, and Leave Without Pay

    I'll try to make this brief. I was recently out of work under doctor's orders for approximately 3 weeks. I work for the (DOD) federal govt and according to our employee manual and federal office of personnel management I am allowed to request up to 30 days advanced sick leave.
    I did not have enough leave time to cover my abscence so I requested advanced sick leave. I provided the doctor's excuse and my leave slip was signed and forwarded to Human resources. Well big surprise today because they docked me for 41 hours (LWOP) leave without pay. My understanding is that HRO has the final approval authority to grant approval but seems like they would let me know it was denied and the reason. I have a legitimate medical/psychiatric(sp) condition that is documented. I suffer from (GAD) generalized anxiety disorder with full blown anxiety attacks and depression. I am on medications for this but the doctor decided that I did not need to be around people or the stress until I got adjusted to my meds.
    My question I guess...Do I have any recourse here? Could this be an ADA issue?
    Thanks in advance,
    Mike :?:

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Sick Leave

    So you were effectively requesting that they advance you up to thirty days of sick leave, which you had not yet accrued? And they declined your request?

    The ADA provides certain guarantees of unpaid leave time - so at first blush it does not appear to be an ADA issue for them to deny you an advance on future sick leave. You may be able to show discrimination based upon the nature of your disability, but you haven't provided any facts which would indicate that to be the case. You would be well-served to have your situation reviewed by a local lawyer who handles plaintiff-side disability and employment claims.

  3. #3
    Join Date
    Apr 2005
    Posts
    3

    Default

    Thanks for the reply aaron.
    So you were effectively requesting that they advance you up to thirty days of sick leave, which you had not yet accrued? And they declined your request?
    Yes I was requesting leave I had not earned yet but the program is available for medical situations like this. I would not be getting anything free. I would have to pay back all of the time advanced through my future accured sick time.
    I am going through my chain of command first and see how that works, then go from there. I will consider contacting a lawyer about this as it has caused some issues at work. My position is being reviewed for an upgrade and my supervisor inferred that my abscences(because of my condition) may have a detrimental effect on that.
    Once again Thanks.
    Mike

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