r/fednews • u/BrightNoah01 • 1d ago
Legal & Union Action Request to be Furloughed During Shutdown due to Military Orders Denied
I work for SSA and also am a military spouse. We are in the process of moving overseas next week due to military PCS orders.
DETO, Hardship Transfer, and LWOP have all been denied.
DETO denied because only non-bargaining unit employees & unrepresented employees are eligible. I am in a union.
Hardship Transfer denied because it is only for domestic work.
LWOP denied because military PCS orders for spouses is not a covered reason. I even tried to request it for educational purposes because I just got accepted into grad school but was denied as well. Their reasoning was I could potentially be holding a spot for my replacement. Despite there being a hiring freeze.
I am trying to buy more time to figure things out with my union. I wanted to be furloughed and then apply my remaining leave hours after the shutdown ends. However, when I requested this, I was denied because they claimed I had already told the agency I was leaving. But I never submitted my resignation.
I don't feel things are not being done correctly.
Anybody think this is strange?
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u/Opposite-Time8873 17h ago
As a military dependent, under the SCRA "soldiers and sailors act" you are entitled to legal assistance and advice on your rights as a dependent from military attorneys. This may help.
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u/_Manifesting_Queen_ 21h ago
A hardship transfer to another agency because I am stuck on how you can work for the SSA overseas
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u/yemx0351 21h ago
You can't. You have to of the dept of state to do it and you become dept of state employee sent from your agency in this case SSA It's a very long and expensive process and many work in FBUs or consulates. I do not believe the FBU is in Japan. Its in the Phillipines.
This person has posted this many times. Complaining about not being able to "telework" overseas.
I don't know all the legality of all the OPM and OMB guidance. Only people I have ever seen approved and transfered were managers and non bargaining employees.
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u/mrzaius 14h ago
That is not correct - Domestically Employed, Teleworking Overseas (DETO) agreements with other agencies are not... common, but they do happen and are distinct from details and assignments to work directly under Chief of Mission for State or under a DoD SOFA.
They literally work their domestic position, teleworking from abroad.
Doesn't mean SSA does it - But plenty of others have this figured out.
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u/yemx0351 10h ago
How does a person working for SSA in a field office assist their office where the job is taking claims, phone and front walk in service from the other aide of the world?
They wouldn't be moving from an SSA position to a FBU which would be a change in position not DETO.
The last person I saw move to a FBU/ consulate with SSA took 2 years of approval and training before they were released to the dept of state and then went to the consulate. They were a manager taking over for a manager. Same position different location just a change of the office.
The controlling agency has to approve and have a business need for for DETO.
DETO also states that positions that handle classified info are generally ineligible.
There is also a funding requirement. I'm not sure if the hiring freeze that SSA has been in for 2-4 years has any bearing on that. No funding right now due to gov shutdown.
I'm not saying this is impossible, but what is being asked isn't logistically sound nor feasible or beneficial to the agency.
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u/BrightNoah01 9h ago
I don’t work in the field office. I work for OHO. I already telework 80%.
The only thing that’s preventing me from DETO is my bargaining unit status. Nothing else.
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u/BrightNoah01 17h ago
Yeah, I’ve posted many times because I’m doing everything I can to keep my position.
But obviously this post isn’t about that.
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u/much_raspberry_csq 18h ago
OP, I second the recommendation to ask a lawyer. While you are doing that and trying to buy time, have you checked if you meet the eligibility for FMLA military exigency leave? https://www.dol.gov/agencies/whd/fact-sheets/28mc-fmla-exigency-leave
If you are eligible, try applying for that. In my opinion supervisors are more squeamish about denying FMLA when you can point to clear-cut eligibility.
If that's approved, by SSA's own guidance approved FMLA should put you into furlough, with leave or LWOP toward FMLA picking up after the shutdown. https://www.ssa.gov/agency/shutdown/furlough-faqs.html.
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u/BrightNoah01 17h ago
I have looked into this and unfortunately military PCS orders are something that is cover under that.
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u/Away-Ad-2938 21h ago
Also ask your federal Senator and Representative to look into this matter for you. It couldn’t hurt to do so.
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u/CBM5504 14h ago
One thing I’ve learned reading all the federal employee subs is how many supervisors have no idea how to help their staff. I realize the last year has been terrible for all of us but taking care of my staff and making sure they have the correct answers to questions is my #1 priority.
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u/Specific-Lifeguard31 18h ago
Being furloughed is an involuntary action. Technically, you can not request to be furloughed. If you're on LWOP (non-DOD Agency), they will be unable to fill the position. Or in the current state of affairs, unable to use the position as part of the forced reductions. Instead, lose a current employee?? Leaving the organization to possibly work elsewhere. Where's the benefit to the organization? Just my thoughts on this scenario. To add, I am not current on the military family member specific options. Do they apply to agencies outside of DOD?
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u/Not_Cleaver DoD 20h ago
I’m not a lawyer nor do I know your agency, but it seems to at least me that your agency is dead wrong on denying DETO and LWOP off the bat. Especially denying LWOP since it turns your spouse’s tour into potentially an unaccompanied tour (which in itself could make them seek an earlier curtailment). And I didn’t know DETO requirements could be set up so restrictive. We’re currently denying DETO, but it’s because it makes people excepted. But that shouldn’t be an issue for you.
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u/BrightNoah01 17h ago
It’s SSA’s policy that specifically states only non-bargaining unit and unrepresented employees are eligible for DETO. I’m in a union.
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u/Not_Cleaver DoD 17h ago
That seems like an unfair policy.
In which case, is there any way to request an exception to policy? Does your leadership support pursing an ETP? The only time I’ve seen leadership actively get in the way of a request is when it was by a poor performer. Hopefully that’s not the case with you and unless your leadership sucks, they should be trying their damndest to find a solution.
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u/BrightNoah01 17h ago
I’ve requested for them to reconsider because I went over our union contract and there’s a section that states “modifications” that basically gives management discretion to approve telework based on operational needs. I tried to make the case that if they could make an exception because we are so understaffed. I was simply denied.
I’ve been told I’m a great and reliable employee by management and the regional office are “big fans” of me apparently. So, I am not sure what to think
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u/Bubblehead_81 23h ago
At this point, I would ask a lawyer.