(704) 706-9292

Federal employee loses appeal of MSPB decision on FMLA. The Complainant, a Veterans Administration (VA) employee, appealed a Merit Systems Protection Board (MSPB) decision.

She asserted the VA violated the Whistleblower Protection Act. Specifically, Complainant alleged that the VA revoked her previously-approved Family and Medical Leave Act (FMLA) leave and converted it to Absent Without Leave (AWOL).in retaliation for a complaint she filed with the Office of Special Counsel (OSC). The VA argued that it found deficiencies in Staley’s FMLA application and gave her 14 days to correct the deficiencies, but she refused. The MSPB determined that the VA had a valid reason to review and change Staley’s leave status and the U.S. Court of Appeals for the Federal Circuit affirmed.

Shasta Domoni Staley v. Dep’t of Veteran Affairs, http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-2127.OPINION.7-15-2021_1804631.pdf

Attorney Kirk J. Angel has represented federal employees for more than a decade. He routinely handles cases before the MSPB. If you need an MSPB attorney, set up your free 15 minute consultation today. https://theangellawfirm.com/msbp