Ask The Lawyer

By Debra Roth

Q & A Session – Forced Leave

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

Recently, tenant organizations on my base have been shutting down and requiring workers to take annual leave. They shut all the buildings down and if you wanted to work you needed to justify why you should be allowed to work. They also did not allow contractors to work during this time. You are forced to either use your annual leave or go LWOP. Is this legal?

A:

It sounds like you are describing a furlough situation that has not used the furlough process. Normally, you cannot be forced to use annual leave. But you can be furloughed with the loss of pay.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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