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

LWOP Is One of the Most Misunderstood — and Most Abused — Rights in Federal Employment

Federal employees request Leave Without Pay (LWOP) for medical issues, family care, pregnancy, emergencies, disability flare-ups, military duty, or when they simply run out of paid leave.

But here’s the problem:

**Agencies deny LWOP illegally every day.

Supervisors retaliate.
Employees are marked AWOL.
And federal careers are destroyed over preventable mistakes.**

At the National Security Law Firm, our Federal LWOP Lawyers fight LWOP denials, AWOL conversions, and attendance-based discipline every single day. We know exactly when LWOP must be approved, when denial is retaliation, and how to force agencies to follow federal law.

For the complete master resource on AWOL, LWOP, sick leave, FMLA, attendance discipline, and RA leave, start here:

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

What Is LWOP (Leave Without Pay)?

LWOP is an approved, excused, unpaid leave status that protects you from:

  • AWOL

  • Attendance discipline

  • Retaliation for medical absences

  • Loss of job for lack of leave

  • Harassment for chronic illness or family care

Contrary to what many supervisors believe…

**LWOP IS NOT discipline.

LWOP IS NOT a performance failure.
LWOP IS NOT optional when certain conditions are met.**

The law requires agencies to approve LWOP in many situations.

When LWOP MUST Be Approved — Mandatory LWOP Situations

Federal agencies are required to approve LWOP in the following circumstances:

1. LWOP Must Be Approved Under the Family and Medical Leave Act (FMLA)

If your absence qualifies for FMLA, the agency must grant up to 12 weeks of LWOP each year.

This includes:

  • Serious health conditions

  • Pregnancy and childbirth

  • Prenatal appointments

  • Postpartum recovery

  • Mental health conditions

  • Care for a sick spouse, parent, or child

  • Adoption

  • Military exigencies

  • Caring for a service member (26 weeks)

Agencies cannot:

  • Deny FMLA LWOP

  • Delay approval

  • Convert FMLA absences into AWOL

  • Discipline employees for FMLA-protected leave

  • Demand excessive medical documentation

  • Retaliate after FMLA use

Yet they do — constantly.

Our Federal LWOP Lawyers stop FMLA abuse cold.

2. LWOP Must Be Approved as a Reasonable Accommodation (RA)

Under the Rehabilitation Act, leave is a recognized reasonable accommodation for disabled federal employees.

Agencies must approve LWOP when:

  • Your disability prevents you from working temporarily

  • You need time for treatment, recovery, or flare-ups

  • You need intermittent leave for chronic conditions

  • You are waiting for medications or testing

  • Your condition impairs your ability to perform duties without leave

Examples where LWOP as RA must be approved:

  • Migraines

  • Mental health episodes

  • Autoimmune flare-ups

  • Chronic pain

  • PTSD

  • Diabetes complications

  • Surgery recovery

If your agency denied LWOP without evaluating reasonable accommodation options, they violated federal law.

This is one of our strongest legal arguments.

3. LWOP Must Be Approved for Pregnancy-Related Needs

Pregnant federal employees are legally entitled to LWOP for:

  • Prenatal appointments

  • Pregnancy complications

  • Morning sickness

  • Bed rest

  • Childbirth

  • Postpartum medical care

  • Miscarriage or pregnancy loss

Supervisors may not:

  • Deny LWOP because “you have leave remaining”

  • Demand proof of diagnosis

  • Discipline for pregnancy attendance

  • Convert pregnancy leave into AWOL

  • Tie attendance to performance during pregnancy

LWOP denials for pregnancy are often discrimination claims waiting to happen.

4. LWOP Must Be Approved for Emergencies and Incapacitation

If you were:

  • Hospitalized

  • Admitted to the ER

  • Unable to communicate

  • Unconscious

  • Involved in an accident

The agency must approve LWOP retroactively.

They cannot punish you for being physically unable to request leave.

5. LWOP Must Be Approved for Military Duty

Under USERRA, agencies must approve LWOP for:

  • Active duty

  • Training

  • Drill weekends

  • Mobilizations

  • Deployment orders

Military LWOP cannot be denied.
Any AWOL or discipline issued in this context is illegal.

When LWOP May Be Denied (But Often Wrongfully Is)

Outside the mandatory categories, LWOP is technically discretionary.

But denial cannot be based on:

  • Retaliation

  • Hostility

  • Disability

  • Pregnancy

  • Protected EEO activity

  • Whistleblowing

  • Harassment

  • Misunderstanding of leave law

We often prove that “discretionary” denials were actually illegal.

Common Illegal Reasons Agencies Deny LWOP

LWOP denials are unlawful if they are based on:

1. Disability Discrimination

Denying LWOP because of health conditions = illegal.

2. Pregnancy Discrimination

Very common — and very winnable.

3. Retaliation

After FMLA, EEO, or RA requests.

4. Hostile Supervisors

Using LWOP denial to “make an example” of someone.

5. AWOL Conversion Tricks

Supervisors deny LWOP to justify AWOL and discipline.

6. Illegal Documentation Demands

Demanding diagnosis, psychotherapy notes, or full records.

7. Failure to Consider Reasonable Accommodation

Agencies must analyze LWOP under RA law.

All of these are grounds for appeal.

What Happens When LWOP Is Wrongfully Denied?

Denying LWOP can lead to:

  • AWOL

  • Suspension

  • Removal

  • Leave restriction letters

  • Poor performance ratings

  • Telework loss

  • Forced returns from medical leave

  • Security clearance issues

  • A hostile work environment

  • Retaliation claims

But LWOP denials are frequently overturned by:

  • EEOC

  • OSC

  • MSPB

  • Internal grievance systems

Our Federal LWOP Lawyers handle these cases constantly — and win.

How NSLF Wins LWOP Denial Cases

1. We rebuild the timeline

We gather every:

  • Email

  • Message

  • Leave request

  • Documentation submission

  • Medical note

  • Timesheet entry

Most agency errors become crystal clear.

2. We apply disability and FMLA law

Agencies almost always fail to consider:

  • RA leave

  • Intermittent leave

  • Chronic illness

  • Pregnancy

  • FMLA mandatory LWOP

These are powerful arguments.

3. We expose illegal motives

Retaliation and discrimination show up early in our investigation.

4. We convert AWOL to LWOP

It happens more often than not.

5. We fight suspensions and removals

Most LWOP denial removals collapse on appeal.

6. We win compensation

When discrimination or retaliation is involved, damages follow.

Frequently Asked Questions

Can my agency deny LWOP for any reason?

No. Even though some LWOP is discretionary, agencies cannot deny LWOP when it is required under federal law, including disability accommodation, pregnancy needs, FMLA, emergencies, and military duty. Additionally, denial cannot be retaliatory, discriminatory, arbitrary, or inconsistent with agency policy.

Is my agency required to approve LWOP for medical conditions?

Yes, if the medical condition qualifies under FMLA or the Rehabilitation Act. LWOP as a reasonable accommodation must be considered when disability-related absences prevent you from working temporarily.

Do I need to be out of paid leave before I can request LWOP?

No. You may request LWOP even if you still have annual or sick leave. Agencies cannot force you to exhaust paid leave before considering LWOP required by law.

What if my supervisor denies LWOP but HR says it should be approved?

Supervisor error does not justify AWOL or disciplinary action. Our Federal LWOP Lawyers can force agencies to correct improper denials.

Can LWOP be used as a reasonable accommodation?

Yes. LWOP is one of the most common and legally recognized forms of reasonable accommodation for federal employees with disabilities.

Can my agency deny LWOP during pregnancy?

Not legally. Pregnancy and prenatal care are protected medical conditions. Agencies must consider LWOP for pregnancy complications and related medical needs.

Can LWOP be retroactively approved?

Yes. Agencies must retroactively approve LWOP when the employee was incapacitated, hospitalized, or legally entitled to LWOP at the time.

Does LWOP hurt my performance rating?

LWOP cannot be used negatively in performance evaluations when the underlying absence is protected. If it is used to downgrade performance, that is often unlawful retaliation.

Can I be charged AWOL if I requested LWOP?

Not if the LWOP request was legitimate or legally required. Denying LWOP to justify AWOL is one of the most common agency violations our attorneys overturn.

Can LWOP delay my within-grade increase (WIGI)?

It can, but only if your LWOP exceeds certain time thresholds. Short periods of LWOP usually do not impact WIGIs, and some LWOP is creditable for retirement.

Should I talk to a lawyer if LWOP was denied?

Yes. Improper LWOP denials often mask deeper legal violations such as disability discrimination, pregnancy discrimination, FMLA interference, or retaliation. These cases are highly winnable with early intervention.

Start With the NSLF Attendance Hub

Every LWOP case intersects with AWOL, sick leave, FMLA, disability accommodation, and attendance discipline.

Start with the central resource:

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

It explains the full strategy behind winning attendance cases.

Why NSLF Is the Nation’s #1 Law Firm for LWOP Cases

Federal insiders

Former agency attorneys and JAGs.

Elite litigators

We win LWOP, AWOL, and attendance cases at EEOC, OSC, and MSPB.

Experts in attendance law

This is our specialty.

Aggressive defenders

We stop retaliation fast.

Nationwide representation

From D.C. to overseas posts.

4.9-star reputation

Trusted by federal employees nationwide.

Payment flexibility

Legal financing available through Affirm.

If Your LWOP Was Denied, You Are at Risk — But We Can Fix It

Wrongful LWOP denial often leads to:

  • AWOL

  • Discipline

  • PIPs

  • Clearance issues

  • Hostile work environment

  • Removal

But these cases are highly winnable when handled quickly.

Book a Free Consultation

Speak with a Federal LWOP Lawyer now using our consultation scheduler.

We will:

  • Review your LWOP denial

  • Reverse AWOL

  • Enforce FMLA and RA rights

  • Stop retaliation

  • Protect your federal career

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