Few things terrify federal employees more than seeing AWOL next to their name in their timecard or being told, “You were marked AWOL.”
It feels like your job, your reputation, and your future are suddenly at risk. And unfortunately, many federal supervisors misuse AWOL out of misunderstanding, carelessness, or retaliation.
The good news is this:
Most AWOL charges are illegal, reversible, and based on agency error.
Our Federal AWOL Lawyers at the National Security Law Firm fight AWOL cases every day. We reverse AWOL, get it converted to LWOP or sick leave, stop retaliation, and protect federal careers at EEOC, MSPB, and OSC.
If your supervisor marked you AWOL, here is exactly what you need to do next.
What AWOL Really Means (And Why It Is So Dangerous)
AWOL means:
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The supervisor claims you were absent
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And your absence was not approved
It is treated as misconduct, not performance.
That means AWOL can lead to:
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Leave restriction letters
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Suspensions
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Demotions
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Removals
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Loss of telework
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Clearance issues
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Damaged reputation
Which is exactly why supervisors are required to follow strict rules before issuing AWOL.
Most do not.
Step 1: Do Not Panic
AWOL is reversible in most cases.
Federal law provides strong protections for employees whose absences were:
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Medically related
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Disability related
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Pregnancy related
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Covered by FMLA
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Covered by a reasonable accommodation
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Requested in advance
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Submitted with pending documentation
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Connected to an emergency
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Wrongfully denied LWOP
If any of these apply, the AWOL charge is likely illegal.
Step 2: Gather Proof That You Requested Leave
AWOL becomes invalid if you requested leave in any reasonable manner.
Acceptable forms of proof include:
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Email
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Text message
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Teams or Slack message
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Voicemail
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Call logs
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Screenshot of an attempted message
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Doctor’s note indicating incapacity
Even a simple “I am sick and cannot come in” message can defeat an AWOL charge.
Your supervisor cannot ignore a request and then claim you did not ask.
Step 3: Determine if You Were Entitled to LWOP, Sick Leave, or FMLA
A supervisor cannot use AWOL when the employee should have been placed in:
Sick Leave
If you were ill or attending a medical appointment.
LWOP
If you had no leave but the absence was justified, including disability, pregnancy, emergencies, or family care.
FMLA
If the absence qualified under the Family and Medical Leave Act.
Reasonable Accommodation Leave
If you have a disability and needed RA-related leave.
If any of these categories apply, the agency was legally required to consider them before assigning AWOL.
Step 4: The Supervisor Cannot Demand Illegal Medical Documentation
Your agency cannot demand:
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Diagnosis
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Genetic information
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Full medical records
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Psychotherapy notes
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Detailed clinical narratives
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Family medical history
They can request only enough information to confirm:
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You had a legitimate medical reason
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You could not work
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The expected duration of the absence
If they demanded more than this, the AWOL charge is likely unlawful.
Step 5: Ask for the AWOL Justification in Writing
Supervisors hate doing this because:
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It exposes inconsistencies
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It forces them to admit they ignored a request
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It prevents them from changing their story later
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It strengthens your legal position
A simple statement works:
“Please provide the written basis for the AWOL determination.”
Document everything.
Step 6: Correct Any Documentation Gaps
If the agency claims your documentation was insufficient:
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Provide a corrected medical note
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Ask what additional information is needed
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Respond promptly in writing
Even after AWOL is assigned, documentation can cure the issue.
Our Federal AWOL Lawyers can assist with proper framing.
Step 7: Identify Signs of Retaliation
AWOL is often used as retaliation after:
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EEO activity
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RA requests
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Whistleblowing
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Union activity
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Workplace complaints
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Medical leave
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Sick leave usage
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Pregnancy disclosures
If any of the above happened shortly before the AWOL, you may have strong retaliation claims.
Step 8: If You Are Issued Discipline, Act Fast
If your AWOL leads to:
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A reprimand
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A suspension
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A proposed removal
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A PIP or negative performance rating
You must respond quickly. Federal timelines are short.
Our Federal AWOL Lawyers fight discipline aggressively by showing:
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The leave should have been approved
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Documentation was mishandled
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The supervisor retaliated
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The agency failed to follow required procedures
We frequently reverse suspensions and removals based on AWOL.
Step 9: Consider Filing an EEO Complaint
You should file EEO if AWOL was tied to:
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Disability
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Pregnancy
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Sex
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Age
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Race
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National origin
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Prior EEO activity
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Hostile work environment
Denial of leave and AWOL are very common discrimination issues.
Step 10: Consider Filing an OSC Complaint for PPP Violations
If AWOL was used as a tool of abuse, retaliation, or reprisal, you may file with the Office of Special Counsel.
OSC investigates:
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Retaliation
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Abuse of authority
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Violations of leave law
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Hostile treatment
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Prohibited Personnel Practices (PPPs)
Step 11: If Removed or Suspended, File an MSPB Appeal
If AWOL leads to:
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A suspension of 14+ days
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A demotion
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A removal
You may file an MSPB appeal.
MSPB judges frequently overturn AWOL removals because:
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Leave was improperly denied
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Documentation was mishandled
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RA was ignored
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FMLA applied
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Supervisor acted in bad faith
Our firm wins these cases often.
Common Scenarios Where AWOL Is Unlawful
You emailed your supervisor about being sick
AWOL is invalid.
You were in the ER or hospitalized
AWOL is invalid.
Your supervisor denied sick leave because “you didn’t look sick”
Illegal.
You were denied LWOP for disability reasons
AWOL becomes discrimination.
You notified HR but your supervisor claims you didn’t
AWOL becomes invalid.
You were caring for a sick child
AWOL likely unlawful.
Supervisor refused to check your email
AWOL invalid.
Supervisor calls it “attendance abuse” without proof
Possible retaliation.
Frequently Asked Questions (FAQ)
Is AWOL always misconduct?
No. AWOL is misconduct only when the employee willfully absents themselves without permission. Most AWOL charges are based on agency error.
Can AWOL be converted to LWOP?
Yes, and in many cases it must be. We do this regularly.
Can AWOL be removed from my record?
Yes. AWOL can be reversed entirely if it was improper.
Can a supervisor ignore my leave request?
No. Ignoring a request makes AWOL invalid.
Can AWOL get me fired?
Yes, but wrongful AWOL-based removals are often overturned.
Can AWOL affect my security clearance?
Yes, but wrongful AWOL can be reversed, eliminating clearance concerns.
Do I need a lawyer for AWOL?
If AWOL leads to discipline, retaliation, or discrimination, yes. Our Federal AWOL Lawyers overturn AWOL cases constantly.
Why Choose NSLF as Your Federal AWOL Lawyers
Federal employees trust us because:
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We are former agency insiders
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We reverse AWOL and LWOP violations every day
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We litigate before MSPB, EEOC, and OSC
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We aggressively confront retaliation
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We are veteran-founded and mission-driven
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We represent clients nationwide
We treat each case with military precision and fight like your career depends on it — because it does.
Ready to Protect Your Federal Career?
If you are dealing with AWOL, sick leave problems, LWOP denials, FMLA retaliation, disability-related attendance issues, or attendance-based disciplinary threats, your next step is simple:
Visit the hub now:
👉 Federal Attendance Rights & Leave Violations — Complete Guide for Federal Employees
And then book your free consultation:
Your job. Your pay. Your benefits. Your future.
They are all worth fighting for.
National Security Law Firm: It’s Our Turn to Fight for You.