Ask The Lawyer

By Debra Roth

Q & A Session – LWOP Question

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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:

I am a military spouse and a federal employee with one year of service. My husband received PCS orders to a different area and I am moving with him. My agency will have a vacancy in the new area but it is only a GS-06 and I am currently a GS-08. I don’t want to transfer into that position because I lose my preference if I take it and I don’t feel it’s comparable. My director is requesting denial of my LWOP request because she wants to fill my position since I won’t take the transfer. Do I have any options?

A:

You can stay home and keep your current job. Or, you can take the downgrade (or no job) and go on the PCS. LWOP is at the discretion of management.

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

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