Addressing Absence Without Leave (AWOL) in the Federal Workplace, Lecture notes of Law

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Addressing AWOL

What is AWOL?

Absence Without Leave: •

AWOL is a non-pay status that coversan absence from duty which has notbeen approved.

AWOL Facts

AWOL is an employee attendance issue.

An agency may discipline an employee who is AWOL. •

Remember, an employee is AWOL when:

-^

An employee is absent from their assigned place of duty;

-^

The absence was not authorized; and/or

-^

The leave requested by the employee has been properlydenied

AWOL and Administrative Case Law

The legal elements of AWOL

have been established through^ decisions of the Merit Systems

Protection Board and the

Federal Circuit.

Recording AWOL

AWOL can be recorded in fractions of anhour – in accordance with the agencies’payroll system.

Notating AWOL in and of itself is not adisciplinary action, however it could be the basis

for taking disciplinary action.

A Basic Approach to Unexcused Absences:

Ensure employee is on notice of workschedule

Ensure employee was notified of policy andprocedures for excused absences

Determine appropriate discipline based onthe circumstances of the case

But the bus was late- again!

The responsibility of arriving to work ontime is the employee’s!

“An agency is under no obligation to

*accommodate an employee's transportation problems” ** Williams v. Department of Health and HumanServices 29 M.S.P.R. 525 (1985)

Leave Restriction Letters

A leave restriction letter is a non-disciplinary letter to the employee thatconveys the following information:

The supervisor’s expectations regarding leaveusage

Specific information about leave balancesand/or specific dates when employee has notfollowed proper procedure or the pattern ofleave abuse

The leave procedures that they are required tofollow

The period of restriction

Consequences of not following the proceduresin the future

Efficiency of the Service

MSPB has consistently held that there is a connection

between AWOL and the efficiency of the service

standard.

Unauthorized absence, by its

very nature, disrupts the efficiency of the service”

*Crutchfield v. Department of the Navy

73 M.S.P.R. 444 (1997)

AWOL Nexus

The Board has determined that unauthorizedabsences are directly related to the performance ofan employee’s duties.

“The relationship between an

employee's unauthorized absences and the efficiency of

the service is so direct that proof of

unauthorized absences generally is

sufficient to establish the

required nexus

”

*Williams v. Department of Army 24 M.S.P.R. 537 (1984)

LWOP

AWOL!

Leave without pay (LWOP) is an

approved

temporary

nonpay

status and absence from duty.

In most instances, granting LWOP is a matter of supervisory discretion

and may be limited by

agency internal policy.

In general, management should not retroactivelycharge AWOL if the employee was granted theleave in the first place!

However, an employee who fails to providerequested medical documentation may havepreviously approved LWOP changed to AWOL.