Protect Your Federal Career: Avoiding AWOL & Disciplinary Mistakes
Feb 20, 2025With return-to-work mandates rolling out, agencies are cracking down on telework. Many federal employees who have been working remotely for years now face strict orders to return to the office. If mishandled, this transition could lead to disciplinary actions—AWOL charges, failure to follow instructions, or even removal.
I’ve defended federal employees in these cases before the Merit Systems Protection Board (MSPB), and I’ve seen firsthand how agencies build these cases. But I also know how employees can protect themselves. If you’re feeling frustrated, blindsided, or unsure about your rights, now is the time to prepare.
Avoiding AWOL Charges: What You Need to Know
AWOL (Absent Without Leave) is one of the easiest charges for agencies to prove. They only need to establish that:
- You were scheduled to be at work.
- You were absent without approved leave.
To protect yourself:
- Pending Leave Requests: If you submitted a leave request that was never formally denied, you may have a defense. Agencies must explicitly deny leave before charging you with AWOL.
- Medical Issues & Documentation: If you cannot report due to a medical condition, provide administratively acceptable medical evidence. Agencies cannot ignore legitimate documentation.
- FMLA Protections: If eligible, you can take 12 weeks of unpaid leave under the Family Medical Leave Act. But deadlines for paperwork matter—miss them, and your request could be denied.
- Telework Confusion: If your agency has been inconsistent with telework policies or has not given clear instructions, they may struggle to prove AWOL.
- Disparate Treatment: If others received special accommodations and you did not, you may have an argument based on unequal treatment.
Bottom line: Get documentation in order now—don’t wait until you’re facing charges.
Failure to Follow Instructions: A Career-Ending Mistake
If your supervisor orders you to return and you refuse outright, you could be charged with failure to follow instructions—or worse, insubordination. These charges are serious and often lead to removal.
Instead of refusing:
- Confirm Orders in Writing: If directed to report, send an email confirming the instruction. Documentation protects you.
- Request Leave Early: The earlier you submit leave requests, the better your position.
- Ask for Clarification: If the order is vague, request clear instructions in writing.
- Know Your Rights: If the order violates a union contract, reasonable accommodation, or EEO rights, you may have legal grounds to challenge it—but comply first and contest later.
Key takeaway: Do not outright refuse an order. Instead, document, comply, and pursue legal challenges the proper way.
Stay Informed, Stay Protected
Your federal career is worth protecting. If you’re facing return-to-work challenges, take action now:
âś… Confirm orders in writing
âś… Submit leave requests early
âś… Keep records of all communications
âś… Seek legal guidance if necessary
If you need additional support, The Mindful Federal Employee Power Hub Membership provides guidance on navigating workplace challenges with clarity, mindfulness, and legal awareness. Join today to stay ahead and safeguard your career.
Let’s ensure this transition is just a temporary headache—not a career-ending mistake. Stay prepared, stay protected, and take control of your future.