SSA Shutdown AWOL Policies May Violate the Rehabilitation Act

Federal employees classified as “excepted” during the shutdown—especially at SSA—are facing a confusing mix of leave cancellations, telework denials, and AWOL threats. If this sounds familiar, it’s worth understanding both the government’s shutdown rules and your separate legal rights under the Rehabilitation Act.

1. The Shutdown Rules on Leave and Attendance

When appropriations lapse, all previously approved paid leave is normally canceled. That part’s routine. But for “excepted” employees—those still required to work—OPM guidance tells agencies to use workplace flexibilities like telework, alternative schedules, or short furloughs for unavoidable absences.

If a short absence can’t be covered through telework or scheduling adjustments, an agency should place you on furlough for the missed hours. Those hours are paid retroactively once funding resumes. However, AWOL hours are never retroactive. Being coded AWOL means you lose that pay and may face discipline up to removal.

2. Why SSA’s Practices Raise Legal Concerns

Union leaders report that some SSA managers are denying telework or brief time off across the board, then marking employees AWOL—even when the employees cite hardship or disability. SSA denies wrongdoing, but categorical denials are risky.

The Rehabilitation Act requires agencies to consider reasonable accommodations for employees with medical conditions. Telework, flexible scheduling, and short leave are recognized accommodations when tied to a disability. Agencies must engage in an interactive process—a dialogue about options—and cannot flatly refuse or impose unnecessary hurdles.

If you were denied telework or a schedule adjustment despite documented impairment, or if management coded you AWOL while you were actively seeking accommodation, that may constitute discrimination under the Rehabilitation Act.

3. Protecting Your Rights and Deadlines

Act quickly. EEO deadlines are short—45 days from the alleged discriminatory act or the effective date of the personnel action. Shutdowns do not pause that clock.

Practical steps you can take now:

• Put all requests in writing and use the phrase “reasonable accommodation.”

• Save every email, memo, or AWOL notice.

• Keep screenshots of denials or instructions.

• If required to submit medical documentation, ensure the request aligns with agency policy and your union agreement.

If you’re unsure whether your situation crosses the legal line, get guidance early. At attorneysforfederalemployees.com, we help federal employees navigate these overlapping rules—before small issues become career-defining ones.

Your paycheck may be delayed, but your rights are not. Take care of yourself, document everything, and reach out if you need help understanding your options.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.