When an employee-appellant is a prevailing party in an MSPB appeal, the agency is required to provide interim relief, including pay and benefits, if it chooses to request a review of the decision. Here, the agency refused to provide pay to an employee because he was unable to work, and the Merit Systems Protection Board held that it violated interim relief requirements.

The appellant, a Social Worker at the Department of Veterans Affairs, was removed from his position based on charges of Conduct Unbecoming and Absence Without Leave (AWOL). He challenged the removal at the MSPB, where he argued, as affirmative defenses, discrimination based on race, age, disability, and gender, and retaliation for protected equal employment opportunity activity.

The administrative judge issued an initial decision which did not sustain the charge of Conduct Unbecoming but did sustain the AWOL charge. The decision also found the affirmative defenses to be unfounded. Finally, the administrative judge mitigated the removal penalty. She determined that, in light of the Douglas factors, the maximum reasonable penalty was a 30-day suspension for the sustained charge of AWOL. The administrative judge thereafter ordered the agency to provide the appellant with interim relief under 5 U.S.C. § 7701(b)(2)(A) if either party filed a petition for review.

The agency did file a petition for review, and the appellant filed a petition for enforcement of the administrative judge’s interim relief order....

Read Full Story: https://news.google.com/rss/articles/CBMihgFodHRwczovL2ZlZG1hbmFnZXIuY29tL25l...