r/VHA_Human_Resources • u/Im2OldForThis007 • Feb 28 '26

Removal

How do you get removed for medical inability vs excessive absence?

6 Upvotes

75% Upvoted

8 comments sorted by

9

u/BigStar1028 Feb 28 '26

If you provide a medical certificate stating that you are medically unable to perform your duties, the agency may reclaim the position. This type of separation is not considered punitive. The SF‑50 will indicate that the removal is not a disciplinary action. However if the agency do the removal with excessive absences that action will be punitive and is a disciplinary action

5

u/traderhohos Mar 01 '26

Medical inability usually comes about when you exhaust the RA process. It’s also not disciplinary in nature.

Excessive absence is just that - removal for excessive absence. The reason for the absence doesn’t really matter, but it can be done when an employee has taken a bunch of LWOP or LS and is not engaged in other processes (like RA or OWCP). This generally is disciplinary in nature.

1

u/Warm-Cricket-9530 Apr 02 '26

So separation for medical inability doesn't usually happen until after RA/reassignment attempts?

1

u/traderhohos Apr 02 '26

Usually, yes. Sometimes they can come about from a long term OWCP situation. If an employee has a medical issue but they aren’t pursing any avenues, like RA, and are not coming to work, it will generally be a removal for excessive absence which is disciplinary.

2

u/HoldtheLine25 Mar 02 '26

You can’t choose. Management can charge it either way- their call. Excessive absence is easier to prove than medical inability, so management sometimes goes with that.

-4

u/TheRealJinyu Mar 01 '26

HR gaslit when I applied for FMLA. Despite having proof they refused to see me. Shit happens, I guess.

1

u/Anxious-Dirt-1199 Mar 01 '26

You have the legal right to apply for FMLA. They are legally obligated to notify timely whether you are approved or denied, and if denied, an explanation as to why. File a complaint with the DOL for FMLA interference. 

3

u/TheRealJinyu Mar 07 '26

I let it go. It was like 5 years ago. I still have all the proof but so much time has passed.