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June 2014 Archives

Developments at OPM: Proposed Rule on Same-Sex Marriage and FMLA

Developments at OPM:  On June 23, 2014, the Office of Personnel Management (OPM) issued a Proposed Rule in the Federal Register (79 Fed. Reg. 35,497-35,498).  OPM is proposing to revise the regulations governing federal-sector Family and Medical Leave Act (FMLA) leave to extend coverage to same-sex spouses of federal employees.  Comments on the Proposed Rule are due August 22, 2014.

Developments at the MSPB: Mitigation Analysis Clarified

Developments at the MSPB: On June 13, 2014, the Merit Systems Protection Board (MSPB) issued a precedential decision in Chavez v. Small Business Administration, 2014 MSPB 37.  The MSPB upheld the administrative judge's mitigation of Mr. Chavez' removal to a 60 day suspension, and in doing so clarified the proper application of Douglas factor analysis to the reasonableness of penalties.

Developments at the MSPB: Due Process Denial Leads to Reinstatement

Developments at the MSPB: On June 13, 2014, the Merit Systems Protection Board (MSPB) issued a nonprecedential decision in Halfacre v. Dept. of Homeland Security, MSPB Docket No. DC-0752-12-0626-I-1. Reversing the administrative judge's decision below, the MSPB found that Ms. Halfacre was denied Constitutional due process in her removal, rendering the removal fatally legally defective. Accordingly, the MSPB reversed the removal of Ms. Halfacre and reinstated her to duty with back pay.

Developments at the MSPB: MSPB Releases FY 2013 Annual Report

Developments at the MSPB: On May 30, 2014, the Merit Systems Protection Board (MSPB) issued its annual report for FY 2013. The report discussed the current status of the MSPB's caseload of furlough appeals, as well as its overall case processing in FY2013.

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