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General

Questions and answers

Unless an agency has evidence (suspicion is notenough) that an employee is physically unable to perform the job or poses arisk to himself/herself or others, it may not prohibit the employee fromreporting to work.  Such action wouldconstitute a constructive suspension and would be an adverse action requiringadvance notice, opportunity to reply, agency decision, and possibly appeal orgrievance rights.  Supervisors shouldconsult their human resources office beforerefusing to allow an employee to report for work or to return to work so thatproper procedures will be followed and constructive suspension issues can beconsidered.
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