QUESTION: If I've exhausted all of my sick and annual leave, can I go on leave without pay (LWOP) pending approval of my disability retirement?

ANSWER: Probably, but there is no right to LWOP. It is always left to the discretion of the agency. However, most agencies exercise their discretion in favor of employees seeking disability retirement and allow them to go into a LWOP status for a period of up to one year. Approval of a request for LWOP may require some negotiating. Your physician may have to provide a written response to questions similar to those on the Physician's Statement form used for disability retirement.