A Complete Guide by the National Security Law Firm — The Nation’s Leading Federal LWOP and AWOL Lawyers

Federal Agencies Misuse LWOP and AWOL Every Day — And Federal Employees Pay the Price

Across the federal government, supervisors misuse Leave Without Pay (LWOP) and Absent Without Leave (AWOL) more than almost any other attendance category. This confusion is not harmless. It leads to:

  • Wrongful AWOL charges

  • Suspensions

  • Demotions

  • Loss of telework

  • Performance downgrades

  • Discrimination

  • Pregnancy retaliation

  • Disability-based targeting

  • Full removals

Federal employees deserve far better — and the law gives them far more protection than agencies admit.

At the National Security Law Firm, our Federal LWOP Lawyers and Federal AWOL Lawyers handle hundreds of these cases each year. We see the patterns. We know the violations. And we know how to reverse the damage.

If you want the full master resource for all attendance issues, start here:

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

Understanding LWOP vs AWOL

What Is LWOP?

Leave Without Pay is a requested and approved unpaid leave status. It is:

  • Not discipline

  • Not misconduct

  • Not a negative action

LWOP protects employees who:

  • Have medical emergencies

  • Are out of sick leave

  • Are pregnant

  • Have disability flare-ups

  • Are caring for family members

  • Need leave as a reasonable accommodation

  • Qualify for FMLA

  • Have military duty

  • Face unexpected emergencies

When handled correctly, LWOP helps federal employees avoid unnecessary discipline.

What Is AWOL?

Absent Without Leave is a misconduct charge. Agencies use AWOL when they claim that:

  • You were absent

  • And you did not have approval

Unlike LWOP, AWOL is dangerous.
It can lead to:

  • Reprimands

  • Suspensions

  • Removals

  • Performance issues

  • Clearance concerns

But AWOL is often misapplied and illegal.

Top Ways Agencies Misuse LWOP and AWOL

1. Denying LWOP So They Can Charge AWOL

This is the most common violation.
Supervisors deny LWOP requests — sometimes without explanation — then immediately assign AWOL.

This is often illegal when:

  • You had a valid medical need

  • You provided documentation

  • You qualified for FMLA

  • The absence was disability-related

  • The agency delayed responding

  • Pregnancy-related leave was involved

Our lawyers reverse these cases constantly.

2. Ignoring Leave Requests

Supervisors often fail to check email or approve leave before marking employees AWOL.

If you notified them in any reasonable manner, AWOL becomes invalid.

3. Misunderstanding Disability Leave

Many attendance issues are tied to disabilities:

  • Mental health conditions

  • Chronic illness

  • Autoimmune flare-ups

  • Migraines

  • PTSD episodes

LWOP is often required as a reasonable accommodation, but supervisors skip the RA process and issue AWOL instead.

Illegal.

4. Mishandling Pregnancy and Postpartum Leave

Federal employees are protected during:

  • Prenatal appointments

  • Pregnancy complications

  • Bed rest

  • Childbirth

  • Postpartum recovery

  • Miscarriage or pregnancy loss

Denying LWOP or assigning AWOL during this period is frequently discrimination.

5. Failing to Consider FMLA

If an absence qualifies under FMLA, agencies:

  • Must grant LWOP

  • Cannot assign AWOL

  • Cannot discipline the employee

Yet agencies violate FMLA constantly.

6. Using Attendance as Retaliation

Retaliatory LWOP denials or AWOL assignments follow:

  • EEO complaints

  • RA requests

  • Whistleblowing

  • Union activity

  • Conflicts with management

These cases are among the easiest to win.

7. Demanding Illegal Medical Documentation

Agencies may request basic information but cannot demand:

  • Diagnosis

  • Psychotherapy notes

  • Full medical histories

  • Genetic information

  • Family medical details

When documentation demands are illegal, AWOL is too.

Frequently Asked Questions (FAQ)

What is the main difference between LWOP and AWOL?

LWOP is approved unpaid leave.
AWOL is unapproved absence and treated as misconduct.
LWOP protects you.
AWOL can lead to discipline or removal.

Can AWOL get me fired from the federal government?

Yes — if the agency can legally prove the AWOL was intentional and leave was properly denied.
Most AWOL removals are reversed because the agency mishandled documentation, failed to consider LWOP or FMLA, or violated disability or pregnancy laws.

When must LWOP be approved?

Agencies must approve LWOP when leave is protected by:

  • FMLA

  • Disability accommodation

  • Pregnancy medical needs

  • Emergency medical incapacity

  • Military duty
    If any of these apply, denial is often illegal.

Can LWOP be denied for discretionary reasons?

Some LWOP is discretionary, but denial cannot be arbitrary, retaliatory, or discriminatory.
If LWOP was denied after EEO activity, pregnancy disclosure, RA requests, or chronic illness, that is a major red flag.

Can I be charged AWOL if I requested LWOP?

Not legally.
If you requested LWOP for a valid reason, AWOL is improper until the agency completes a fair evaluation of your request.
Denying LWOP simply to justify AWOL is one of the most common agency violations.

Does my agency have to respond to my LWOP request?

Yes.
Supervisors must process leave requests promptly.
If they ignore your request and mark you AWOL, the AWOL is usually unlawful.

Can my supervisor demand medical documentation for LWOP?

They can request minimal information, such as general incapacity and expected duration.
They cannot demand diagnoses, psychotherapy notes, or detailed medical histories.
Improper medical demands often make AWOL invalid.

What if I was hospitalized or too sick to notify the agency?

You cannot be charged AWOL if you were incapacitated.
LWOP must be approved retroactively if your medical condition prevented timely notice.

Is LWOP required for pregnancy or prenatal care?

Yes.
Prenatal appointments, pregnancy complications, bed rest, childbirth, postpartum recovery, and pregnancy loss all qualify you for LWOP or FMLA.

Does LWOP affect my performance rating or promotion chances?

Protected LWOP cannot legally be used to downgrade your performance rating or deny promotion.
If it is, that often indicates discrimination or retaliation.

Can I challenge AWOL or LWOP denials?

Yes.
You can challenge LWOP denials or AWOL through:

  • EEO complaints

  • OSC complaints

  • MSPB appeals

  • Grievances

  • Direct NSLF representation

Do I need a lawyer for LWOP or AWOL issues?

Yes — especially if:

  • You were marked AWOL

  • Your LWOP was denied

  • You received discipline

  • Pregnancy or disability is involved

  • You believe retaliation occurred

Our Federal LWOP and AWOL Lawyers routinely overturn discipline and save federal careers.

How NSLF Fights LWOP and AWOL Misuse

Our team uses a proven strategy:

1. We reconstruct the entire timeline

Leave requests
Documentation
Messages
Approvals
Delays

We expose every mistake the agency made.

2. We force legal compliance

LWOP must be approved when required by:

  • FMLA

  • Rehabilitation Act (RA leave)

  • Pregnancy protections

  • USERRA

  • Emergency incapacity rules

3. We convert AWOL

We push for AWOL to be converted to:

  • LWOP

  • Sick leave

  • Annual leave

  • FMLA leave

  • Reasonable accommodation leave

4. We stop retaliation

Once we intervene, supervisors must follow the law.

5. We fight discipline at MSPB

Many AWOL or LWOP denial removals collapse under MSPB scrutiny.

6. We secure settlements

Including:

  • Back pay

  • Reinstatement

  • Telework

  • Leave restoration

  • Clean records

And often damages if retaliation or discrimination occurred.

The Most Important Step: Start With the Attendance Hub

This issue is not just about LWOP and AWOL.

It is about:

  • Sick leave

  • FMLA

  • RA leave

  • Disability discrimination

  • Pregnancy rights

  • Attendance-based discipline

  • Retaliation

Your next step should be the master resource:

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

It is the single best starting point for understanding your rights and building a defense.

Why the National Security Law Firm Is the #1 Firm for LWOP and AWOL Cases

We are former federal insiders

We know the system because we worked inside it.

We handle more attendance cases than any firm in the nation

This is our specialty.

We win at MSPB, EEOC, and OSC

Our success rate on attendance-based removals is exceptional.

We reverse AWOL and LWOP denials daily

This is routine work for us.

We uncover hidden retaliation

We know the signs and how to prove them.

We protect your record, your job, and your future

This is not academic for us. It is personal.

We are trusted by federal employees across the country

Our 4.9-star reviews say it all.

If Your Agency Misused LWOP or AWOL, Your Career Is at Risk — But We Can Fix It

Do not wait for the agency to escalate.
Do not try to fight this alone.
Do not assume the agency is right.
They usually are not.

Book a Free Consultation

Speak directly with a Federal LWOP and AWOL Lawyer using our consultation scheduler.

We will:

  • Review your LWOP denial or AWOL charge

  • Identify violations

  • Reverse the damage

  • Stop retaliation

  • Protect your career, benefits, and security clearance

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