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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 115464
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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What are my options regarding a Notice of Proposed Removal

Customer Question

What are my options regarding a Notice of Proposed Removal that I just received from my employer with the federal government? I experienced a traumatic event in September 2013 that led to a diagnosis of PTSD and an approved claim by the OWCP in April 2014. In between the time of the event and my approval process I was on Leave without Pay Status and placed in the Voluntary Leave Program. I have been receiving treatment and have been evaluated by a contracted medical professional for the OWCP. Both times, it was determined that my accepted occupational disease of PTSD was still severe enough to preclude me from returning to my job. The only time my supervisor contacted me was in May 2014, to get my government issued equipment. Otherwise, they have never called to check on me or discuss options. I don't see myself ever returning to my current position, as it is a trigger in and of itself for my PTSD. I intend to submit my request for medical retirement, but am interested in potential retraining options available to me. I have 30 days to provide a response before final decision is made.
Submitted: 1 year ago.
Category: Business Law
Customer: replied 1 year ago.
I also am a retired Army combat veteran and receive 80% disability, of which PTSD is included (but for combat). The PTSD suffered at work dealt with the command climate as well as the mass shooting that took place where I work on the Washington Navy Yard on September 16, 2013.
Customer: replied 1 year ago.
My job was as an Antiterrorism Program Manager for the Naval District Washington, which includes 11 Navy bases. GS13 Step 7.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, under the Family and Medical Leave Act, absent any contract to the contrary, they only need to guarantee your job for 12 weeks. Even in cases of workers compensation, which is what your case seems to be, they only need to guarantee your position for 12 weeks and after that it is based on the employer's rules and discretion. So, if you are unable to return to work because as you said it is part of the trigger for your PTSD, you need to file now for disability and contact HR/OWCP and inform them you are applying for disability and once they know that most times they are not going to remove you until the disability is approved. You can also possibly received disability from Social Security in addition to your OWCP Disability Pension.
You need to file for your disability now and get the process rolling because it can take time.