On February 9, 2018 the Federal Circuit ruled in favor of Finnegan pro bono client Michael J. O'Farrell Jr., a 28-year military veteran who requested additional military leave after he was called from reserve status to active duty to replace a Navy attorney at the U.S. Navy’s Naval Surface Warfare Center.
Mr. O’Farrell served 162 days in the role, which caused him to use most of his annual leave. He argued that he was entitled to paid leave for supporting a military operation during a national emergency, citing the national emergency order prompted by the terrorist attacks of September 11, 2001. However, the Department of Defense determined that Mr. O’Farrell’s operation did not fall within the scope of the statute, and the Merit Systems Protection Board (MSPB) affirmed. Mr. O'Farrell appealed the MSPB decision, and the Federal Circuit found that the MSPB misinterpreted the relevant statutory provisions regarding military leave during a military operation. The panel reversed the MSPB’s decision and awarded Mr. O’Farrell his full paid leave.
