We’ve all been there: the inbox is overflowing, half the team is out sick, anything that can go wrong has gone wrong, and then an employee asks for Official Time to prepare an EEO complaint. It’s tempting to say, "Not today—get back to work," but in the federal space, that "no" can carry a lot of weight.
While employees don't have a blank check for unlimited time, they are entitled to a "reasonable" amount. The key for us as leaders is moving the conversation from "No" to "When."
If your mission is at a breaking point, try not to deny the request orally. That usually just leads to friction and misunderstanding. Instead, negotiate the window. You might say:
"I understand you have a need for Official Time. Given our staffing levels today, Tuesday just doesn't work—but let's look at Thursday or Friday morning to get those hours in. Which works better for your deadlines?"
It’s also important to remember that if you do deny a request, EEOC policy requires it to be in writing for the official complaint file. You have to be careful here—writing "Denied because we are short-staffed" may be interpreted by an Administrative Judge as prioritizing operational convenience over a protected civil right. In their eyes, that can look like "interference" with the EEO process.
At the end of the day, high absenteeism is a puzzle we all have to solve. We protect our professional reputations—and our agencies—when we solve that puzzle through better prioritizing rather than pausing an employee's rights.
For a deeper dive, the Department of Labor has issued excellent guidance that is well worth a look. See link: https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/internal/policies/official-time
