A Complete Guide by the National Security Law Firm — The Nation’s Leading AWOL & MSPB Defense Firm

AWOL Is One of the Fastest Ways Federal Employees Get Fired — But MSPB Appeals Can Save You

Absent Without Leave (AWOL) is one of the most dangerous charges in federal employment. Agencies use AWOL to justify:

  • Suspensions

  • Demotions

  • Removals

  • “Loss of trust and confidence” allegations

  • Clearance concerns

  • Forced resignations

  • Denials of telework or leave

But here’s the truth most federal employees never hear:

➤ Most AWOL removals fall apart on appeal.

➤ Agencies regularly misuse AWOL.
➤ MSPB judges overturn AWOL-based actions all the time.
➤ And the best Federal AWOL Lawyers know exactly how to win these cases.

Whether you are facing a proposed suspension or a proposed removal, this guide shows you exactly how to fight AWOL at the Merit Systems Protection Board (MSPB) — and win.

To understand the full landscape of federal attendance law, start with our central resource here:

👉 Federal Attendance Rights & Leave Violations — Complete Guide for Federal Employees

Why AWOL Cases Are Highly Winnable at MSPB

MSPB follows strict legal standards that agencies must meet before imposing discipline.

To sustain AWOL, the agency must prove:

1. You were absent.

AND

2. You did not have permission.

AND

3. Leave was properly denied.

AND

4. The penalty was reasonable under the Douglas factors.

Agencies almost never satisfy all four.

They ignore leave requests.
They delay action.
They demand illegal documentation.
They fail to consider disability or pregnancy.
They skip FMLA requirements.
They misapply LWOP rules.
They fail to consider reasonable accommodation.

And MSPB judges notice.

Our Federal AWOL Lawyers dismantle these cases step-by-step.

The Most Common Reasons MSPB Overturns AWOL Discipline

Below are the exact reasons MSPB judges reverse AWOL removals, suspensions, and reprimands — reasons we use every day to win appeals.

1. The Employee Requested Leave

If you asked for leave by:

  • Email

  • Text

  • Teams/Slack

  • Phone call

  • Voicemail

…then AWOL cannot stand unless the agency properly denied it.

Most supervisors “never saw the request.”
MSPB judges do not accept that excuse.

2. The Agency Ignored or Delayed the Leave Request

If your supervisor or HR failed to:

  • Respond

  • Process the request

  • Give you documentation instructions

…the AWOL is unlawful.

Agency delay is not employee misconduct.

3. The Employee Qualified for LWOP

If your situation required:

  • Disability-related LWOP

  • Pregnancy LWOP

  • Emergency LWOP

  • Chronic-illness-related LWOP

  • FMLA LWOP

  • Military duty LWOP

…the agency must consider LWOP before issuing AWOL.

Failure to do so is a winning defense.

4. The Absence Was FMLA-Protected

If your absence meets FMLA criteria, the agency cannot assign AWOL.

Applying FMLA incorrectly is one of the most common agency errors at MSPB.

5. The Absence Was Related to a Disability

Under the Rehabilitation Act:

  • Disability flare-ups

  • Medical treatment

  • Hospitalization

  • Fatigue

  • Mobility limitations

  • Mental health episodes

All require consideration of reasonable accommodation, including leave.

The agency’s failure to consider accommodation makes AWOL illegal.

6. The Employee Was Incapacitated or Hospitalized

MSPB has repeatedly held that AWOL is improper when:

  • The employee had a medical emergency

  • The employee was hospitalized

  • Notification was impossible

Agencies try to ignore this.

We make sure MSPB does not.

7. The Agency Demanded Improper Medical Documentation

Agencies may not demand:

  • Diagnoses

  • Psychotherapy notes

  • Extensive personal medical files

  • Genetic or family medical history

If your AWOL arose from documentation disputes, MSPB often sides with the employee.

8. Retaliation Was the Real Motive

MSPB evaluates motive, especially when AWOL follows:

  • EEO activity

  • RA requests

  • Whistleblowing

  • Union activity

  • Prior protected complaints

  • Workplace conflict

Retaliation is one of the most powerful defenses in MSPB.

9. Douglas Factors Were Misapplied

Even if AWOL is technically valid, MSPB often reduces or overturns the penalty because:

  • The penalty is too harsh

  • Mitigation evidence was ignored

  • The supervisor acted in bad faith

  • The employee’s record was strong

  • Medical conditions were not weighed

We use Douglas factors like a scalpel.

How Federal AWOL Lawyers Build a Winning MSPB Appeal

Our firm uses a specialized strategy for AWOL MSPB cases — and it works.

1. We Reconstruct the Timeline

We collect:

  • Emails

  • Messages

  • Leave requests

  • Medical submissions

  • Appointment confirmations

  • Timecard entries

This often exposes agency errors.

2. We Prove the Absence Should Have Been Approved

We identify whether:

  • Sick leave should have been granted

  • LWOP should have been approved

  • FMLA applied

  • RA leave was required

  • Agency delay caused the problem

Many AWOL cases collapse here.

3. We Identify Discrimination or Retaliation

Attendance violations often mask:

  • Disability discrimination

  • Pregnancy discrimination

  • FMLA retaliation

  • Whistleblower retaliation

  • EEO reprisal

These claims are powerful at MSPB.

4. We Challenge Documentation Demands

We expose illegal medical requests and privacy violations.

5. We Use Agency Policy Against Them

We show exactly where supervisors violated federal leave rules, agency handbooks, or OPM regulations.

6. We Attack the Penalty

Douglas factors often destroy the agency’s justification for firing.

7. We Litigate Hard

Our attorneys:

  • Depose agency witnesses

  • Cross-examine supervisors

  • File motions to limit improper evidence

  • Use expert medical testimony

  • Build persuasive written briefs

This is MSPB litigation at the highest level.

What You Can Win at MSPB

Successful MSPB appeals can result in:

  • Full reversal of AWOL

  • Rescinded suspension or removal

  • Reinstatement

  • Restoration of back pay

  • Telework or leave restoration

  • Clean personnel records

  • Attorney fees

  • Damages (if discrimination is proven)

  • Settlement agreements favorable to the employee

MSPB outcomes change lives — and careers.

Start With the NSLF Federal Attendance Hub

Every AWOL MSPB case intersects with:

  • LWOP

  • Sick leave

  • FMLA

  • Disability accommodation

  • Attendance discipline

To understand the full picture, begin here:

👉 Federal Attendance Rights & Leave Violations — Complete Guide for Federal Employees

This master hub gives you every tool you need to protect yourself before the agency escalates.

Why NSLF Is the #1 Law Firm for AWOL MSPB Appeals

Federal employees choose NSLF because:

We are federal insiders.

Former government lawyers, military JAGs, and agency advisors.

We win the hard cases.

The ones involving AWOL removals, hostile supervisors, and complex leave histories.

We know MSPB better than anyone.

Our litigation strategy is built for federal employment law — nothing else.

We reverse AWOL-based removals regularly.

We convert AWOL to LWOP, sick leave, FMLA, or RA leave.

We expose retaliation buried inside attendance actions.

We protect careers, clear records, and restore livelihoods.

We have a 4.9-star reputation with federal employees across the nation.

We offer legal financing options so every employee can access elite representation.

If You Are Facing an AWOL-Based Suspension or Removal, Act Now

MSPB deadlines are strict.
Do not wait.
Do not try to handle this alone.
Do not let your agency box you into a removal.

Book a Free Consultation

Speak with a Federal AWOL Lawyer today using our free consultation scheduler.

We will:

  • Review the AWOL charge

  • Build a winning MSPB appeal strategy

  • Identify retaliation or discrimination

  • Reverse AWOL

  • Restore your job

  • Protect your benefits

  • Save your federal career

National Security Law Firm:
It’s Our Turn to Fight for You.