Ask The Lawyer

By Debra Roth

Q & A Session – LWOP 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: 

I’m currently a federal employee within the Department of Justice, and a member of the Army National Guard.

My local HR department told me that prior to any use of leave without pay during my drill weekends or annual training, I was required (by the Department of Justice policy) to write a memorandum to my executive supervisor stating I would be using LWOP during a military absence and provide the exact dates of the LWOP usage. After this memo was signed by that executive supervisor, it would be routed to the time and attendance office to be filed into my payroll file. They also stated that this was the procedure to follow each time I needed to use LWOP during a drill weekend, annual training, or other military absence.

Is this accurate? Do I have to go through this entire process each time I want to use LWOP? 

A: 

You are entitled to LWOP while on duty, however, you are still required to follow agency leave procedures so that the agency is properly notified of your absence and can adjust your pay accordingly.

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

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