MSPB reversed removal of Army employee

Our client was too sick to report to work, and his wife contacted his supervisor to request sick leave on his behalf. Our client was then charged with AWOL and Failure to Follow Leave Procedures related to the absence, and was later removed. We appealed the client’s removal and represented him in a hearing before MSPB. We argued that the Agency failed to prove that it properly denied our client’s leave request, so the AWOL charge should have been dismissed. We also argued the Failure to Follow Leave Procedures charge should be dismissed because our client’s wife contacted the Agency to request sick leave for him. The Administrative Judge reversed the Agency’s decision on both charges and ordered the Agency to reinstate the employee with back pay and benefits.