Leave Without Pay (LWOP) is one of the most misunderstood and mishandled forms of leave in the federal government. Although LWOP is unpaid, it is also a legally protected status in many circumstances. Agencies misuse LWOP rules every day, punishing employees for medical conditions, family emergencies, military duties, caregiving needs, and pregnancy-related complications.

Employees are frequently threatened with AWOL, discipline, leave restriction, lowered performance reviews, or even removal simply for requesting LWOP or using LWOP that the law requires agencies to approve.

This is where experienced Federal LWOP Lawyers become essential.
At the National Security Law Firm, our attorneys understand LWOP from the inside — we are former federal employees, federal agency attorneys, and military JAGs who know how agencies use LWOP improperly, when LWOP must be approved, and how to fight wrongful discipline tied to LWOP usage.

This guide is the most comprehensive LWOP resource available to federal employees, covering:

  • When LWOP must be approved

  • When LWOP is discretionary

  • When denial is illegal

  • LWOP for medical conditions, pregnancy, caregiving, or FMLA

  • How LWOP connects to Reasonable Accommodation

  • The danger of AWOL misclassification

  • How discipline tied to LWOP often violates federal law

  • Retirement, FEHB, and WIGI effects

  • Military LWOP rights

  • How to challenge LWOP violations through EEO, OSC, or MSPB

  • How Federal LWOP Lawyers at NSLF protect employees from retaliation

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

What Is LWOP?

LWOP means:

  • You are temporarily in unpaid status

  • You remain a federal employee

  • Your position is protected during the LWOP period

  • Benefits and rights may continue depending on length

LWOP is different from:

  • Sick leave (paid)

  • Annual leave (paid)

  • FMLA (unpaid but job-protected)

  • Advanced sick leave

  • Donated leave programs

Agencies often misapply these distinctions — especially when medical documentation is involved. This is a major focus of our Federal LWOP Lawyers.

When LWOP Must Be Approved (Mandatory LWOP)

LWOP is not always discretionary. Federal agencies must approve LWOP in certain circumstances.

1. FMLA-Related LWOP

If your leave qualifies under the Family and Medical Leave Act:

  • The agency must grant up to 12 weeks of LWOP

  • You cannot be denied

  • You cannot be retaliated against

  • You cannot be charged AWOL

  • You cannot be disciplined for FMLA-protected absences

This includes:

  • Your own serious health condition

  • Family medical care

  • Birth of a child

  • Adoption

  • Military exigencies

  • Care for a covered service member

2. LWOP as a Reasonable Accommodation (RA)

Under the Rehabilitation Act:

  • LWOP may be required as a reasonable accommodation

  • Agencies cannot deny leave if it allows you to address a disability

  • Agencies cannot delay approval

  • Agencies must consider intermittent LWOP for chronic conditions

Denied LWOP for RA purposes is one of the most common legal violations our Federal LWOP Lawyers see.

3. Military LWOP Rights

Under USERRA and DoD policies:

  • LWOP must be granted for active duty, training, drill, and military orders

  • Agencies cannot deny or retaliate

  • Agencies cannot misclassify military leave as “voluntary LWOP”

  • Employees must be restored afterward

Our firm sees many violations of military LWOP rights.

4. LWOP for Union Officials (Official Time)

Union representatives granted official time cannot be forced to use leave instead of LWOP.

When LWOP Is Discretionary (But Cannot Be Arbitrary)

For all other LWOP requests, agencies have discretion — but discretion is not the same as unlimited power.

An agency cannot deny LWOP:

  • For discriminatory reasons

  • For retaliatory reasons

  • Based on partial or incorrect medical documentation

  • To punish an employee

  • Based on personal hostility

  • Based on leave usage history protected by ADA/FMLA

  • When sick leave, annual leave, or RA rights overlap

  • When denial would violate federal merit system principles

If LWOP denial is arbitrary, unfair, inconsistent with agency policy, or rooted in hostility, our Federal LWOP Lawyers can challenge it.

When Agencies Cannot Deny LWOP

Even when LWOP is discretionary, denial becomes illegal if motivated by:

  • Disability discrimination

  • FMLA retaliation

  • Retaliation for requesting accommodation

  • Pregnancy discrimination

  • Sex discrimination (pregnancy-related LWOP)

  • Military status discrimination

  • Whistleblower retaliation

  • Hostile work environment

  • Reprisal for prior EEO activity

  • Prohibited personnel practices

If you suspect any of these reasons, document everything and contact us immediately.

The Most Common LWOP Violations Across Federal Agencies

Federal employees see the same patterns nationwide:

1. Forcing employees to take AWOL instead of LWOP

Illegal.
If you request LWOP and qualify under law, AWOL cannot be assigned.

2. Demanding improper medical documentation

Agencies often request:

  • Diagnoses

  • Detailed doctor notes

  • Genetic information

  • Psychotherapy notes

  • Entire medical histories

These requests violate federal medical privacy laws.

3. Refusing LWOP for disability-related absences

LWOP as an accommodation is legally required.

4. Refusing LWOP during pregnancy

Pregnancy-related LWOP is protected.

5. Retaliating for LWOP usage

Examples:

  • Negative evaluations

  • Suspensions

  • PIPs

  • Denied promotions

  • Harassment

6. Using LWOP to penalize employees

Supervisors often count LWOP against performance or reliability.
This is unlawful, especially under FMLA or RA.

7. Delaying approval for LWOP

Delay is a violation.
Agencies must process leave promptly.

If you experience any of these, our Federal LWOP Lawyers can intervene.

LWOP and AWOL: Understanding the Difference

LWOP

  • Approved

  • Protected

  • Keeps your job intact

  • Maintains federal status

  • Must be granted in certain situations

AWOL

  • Denied leave

  • Considered insubordination or absence without permission

  • Grounds for discipline

  • Often misused illegally

Many federal employees are wrongfully charged AWOL when they should be placed in LWOP.
Our Federal LWOP Lawyers fight this aggressively.

LWOP and Retirement, Health Insurance, WIGI, and Benefits

Retirement

Short LWOP periods count toward retirement.
Extended LWOP may reduce creditable service slightly.

FEHB Health Insurance

FEHB coverage continues for up to 365 days of LWOP if premiums are paid.

Life Insurance

Coverage continues under similar rules.

TSP

No contributions during LWOP, but account remains open.

Within-Grade Increases (WIGI)

LWOP may delay WIGI eligibility if it exceeds certain thresholds in a waiting period.

Our lawyers often counsel employees on minimizing impact.

LWOP for Medical Conditions

LWOP may be used for:

  • Surgery and recovery

  • Chronic illness flare-ups

  • Severe mental health episodes

  • Treatment plans

  • Specialist appointments

  • Therapy

  • Side effects of medication

  • Hospitalization

  • Long-term medical conditions

Agencies cannot punish employees for legitimate medical LWOP.

LWOP for Family Care

Employees may request LWOP when:

  • Caring for a sick child

  • Caring for a parent with a serious health condition

  • Managing chronic illness in a spouse

  • Coordinating long-term treatment plans

  • Acting as a caregiver during hospice

Agencies commonly mishandle family-care LWOP.
Our Federal LWOP Lawyers correct these mistakes.

LWOP and Pregnancy

Pregnant federal employees may use LWOP for:

  • Prenatal care

  • High-risk conditions

  • Bed rest

  • Pregnancy complications

  • Labor and delivery

  • Recovery

  • Postpartum medical needs

Pregnancy-based LWOP cannot be denied arbitrarily or used to punish the employee.

LWOP and FMLA: How They Interact

FMLA provides 12 weeks of unpaid leave, but employees often request LWOP during:

  • Serious health conditions

  • Medical emergencies

  • Long-term treatment

  • Family care episodes

LWOP under FMLA must be approved.
You cannot be denied, disciplined, or retaliated against.

Our Federal LWOP Lawyers routinely litigate FMLA–LWOP violations.

LWOP and Reasonable Accommodation (RA)

LWOP is a recognized form of accommodation under the Rehabilitation Act.

This includes:

  • Intermittent LWOP

  • Extended LWOP

  • Predictable LWOP schedules

  • LWOP during flare-ups or treatment

Agencies must evaluate LWOP as part of the RA interactive process.
Failure to do so is discrimination.

What To Do If Your LWOP Is Denied

Here is your action plan:

  1. Request written justification

  2. Provide minimal required documentation

  3. Document all conversations

  4. Contact HR in writing

  5. File an EEO complaint if discrimination or retaliation is involved

  6. File with OSC for PPP violations

  7. Appeal disciplinary actions to MSPB

  8. Contact Federal LWOP Lawyers immediately

Do not accept AWOL or discipline without review.

Remedies for LWOP Violations

Federal employees may recover:

  • Approval of LWOP

  • Back pay

  • Removal of AWOL

  • Reversal of suspensions or removals

  • Telework restoration

  • Reinstatement

  • Compensatory damages (for EEO cases)

  • Attorney fees

  • Clean personnel files

Our goal is maximum recovery and long-term career protection.

Why Choose NSLF as Your Federal LWOP Lawyers

Federal employees choose NSLF because:

  • We are former federal insiders

  • We understand leave systems

  • We reverse AWOL charges

  • We stop retaliation instantly

  • We litigate before MSPB, OSC, and EEOC

  • We have a military-inspired, mission-first culture

  • We have a 4.9-star Google rating

  • We represent employees nationwide

Our Federal LWOP Lawyers specialize in turning overwhelming cases into strategic victories.

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:

👉 Book a 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.