Stewards Update  >>  June 2004

LWOP

LWOP allows an employee to be absent from work without charge to leave and without pay. Normally, LWOP is requested because an employee lacks sufficient leave to cover an absence. The granting of LWOP is a matter of agency discretion; however, the agency may not unreasonably deny a request for LWOP in situations involving illness or injury.10 Factors for an agency to consider in deciding on a request for LWOP include whether the employee’s services can be spared and the legitimacy of the reasons for the employee’s request.11 If an employee has exhausted his/her leave, an agency may deny a request for LWOP or discontinue approved LWOP and place the employee on AWOL if: 1) there is no foreseeable end to the absence; and 2) the employee’s absence would place a burden on the agency.12 The agency is generally relieved of these requirements if the LWOP request is to cover an extended absence because of an employee’s incarceration. In such situations, the agency may deny LWOP and charge the employee AWOL.13 However, all LWOP denials might be challenged on the basis of disparate treatment if LWOP has been granted to other similarly situated employees. To determine if the denial of LWOP can be challenged because of disparate treatment, an information request should be made to discover how LWOP requests of other similarly situated employees have been treated. Any denial of a LWOP request may also be challenged if the denial was based on illegal discrimination or if it constituted a prohibited personnel practice. (For a more detailed discussion on discrimination and prohibited personnel practices, see Steward Update January 1989, April 1992, June 1992, July 1992, January 1995). In the case of an employee who is a disabled veteran under 5 USC 2108, an agency must grant a request for sick leave or LWOP so that the employee may seek treatment for the service-related disability pursuant to Executive Order 5396. So long as the disabled veteran, in requesting the leave, gives the agency prior notice of the dates and times of his absence, Executive Order 5396 requires the agency to approve the request.14