Medical Retirement for Federal Workers: FMLA and Federal Disability Retirement

FMLA, or the “Family and Medical Leave Act“, allows for the Federal or Postal employee to take up to 12 weeks of unpaid (LWOP) leave during a 12 month period.  It is “protective” measurement against adverse actions by an Agency or the U.S. Postal Service.  

While the process of preparing, formulating and filing for Federal Disability Retirement benefits under FERS or CSRS may take longer than the 12-week period, it nevertheless allows for some protection during the administrative process.  Moreover, if timed properly, it can fend off adversarial actions, harassment, undue pressure, etc., in conjunction with other requests and actions — such as taking sick leave, annual leave, etc.  

Often, agencies become irrational and impatient during the long administrative process of filing for Federal Disability Retirement benefits from the Office of Personnel Management, acting as if the Federal or Postal employee has any control over the timing or the timeframe taken by the Office of Personnel Management. While FMLA has no direct connection to OPM Medical Retirement, it is one more “tool” that the Federal or Postal employee may utilize to shield one’s self against the aggressive actions of the Federal Agency or the U.S. Postal Service.

Sincerely,

Robert R. McGill, Esquire

One Response

  1. Im a RN that started work @Veterans Administration 08/08, and had a work injury on 12/30/08. My traumatic Injury Claim was denied within 24hr of the injury while is was in the ER @ VA Hospital. I had previous work related injury from another job in 2005. The most recent incident at work excerbated old injuries and its impossible for me to work due to increased back pain and knee surgeries. I can’t walk or stand, sit, increase activity makes it impossible for me to work without excruciating daily pain. I have used all my leave time and just can’t no longer do the job. Im on LWOP to help superiors from scutinizing me and was given FERS Benefit Estimate Report, I had to go to SS office to let them know I applied for FERS and they did application for Disabitlity Ins Benefits. I don’t qualify for SSI due to my income so was told instantly would be denied, but eligible for Title II and Part XVIII. The OPM office is asking me for additional paperwork from Dr’s. and giving me a Dr’s narratives in a certaim time frame asked. I have many Dr’s and can’t just walk in and just ask for paperwork, the initial FERS Disablity request was 12/09/11 during the holidays which has made it hard for me to get appointments and . The bottom line I can go on and on with details but I just don’t know what to do and the paperwork is all greek to me. Please help I need lawyer. I live in Hou,Tx medical Center area.
    Thanks
    Valerie A Wallace

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