When a postal employee or federal personnel applies for incapacity retirement as a result of OPM underneath CSRS or FERS, a person ingredient that the applicant need to present is that their employing Agency has tried using, but are unable to, accommodate him or her.
To satisfy this factor, the Federal employee or postal worker will will need to get a certification from the Agency’s supervisor or HR/ER/LR place of work. The certification ought to state that the USPS or Federal company has reviewed all vacant positions in a fair geographic area, and that there are none at the identical quality or fork out stage and tenure in the commuting location that the postal employee or federal worker can carry out.
If the HR/ER/LR people at the USPS or Federal agency are in a position to find a vacant situation that the applicant can conduct with their health care ailment and limitations, the employee will not be granted disability retirement.
Even so, some Federal Organizations, quite routinely the USPS, will assign disabled workforce to light-weight obligation or restricted duty positions and assert that they have accommodated them. For example, the USPS typically assigns folks to the posture of “Lobby Director”. In EEO scenarios, the USPS will choose the place that the Foyer Director is not a formal posture, and does not qualify as assignment for accommodation functions. Even so, I have viewed the USPS consider the exact opposite posture when seeking to avert an worker from securing incapacity retirement.
So this is the law. The Merit Techniques Protection Board (MSPB) has held, subsequent appellate courtroom circumstance regulation in the Federal Circuit Court of Appeals, that mild duty positions are not vacant positions for the needs of a incapacity retirement software. In actuality, the Federal Circuit has held that the employee is not accommodated, for disability retirement reasons, if the assignment to a “vacant placement” consists of a set of ungraded and/or unclassified responsibilities that have been assigned on an advertisement hoc foundation.
If your using Federal Company or the USPS places you in a light-weight or constrained obligation situation, or assigns you a sequence of ad hoc duties with out a position description, you will not be disqualified from acquiring incapacity retirement.
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Be knowledgeable of any Company supervisors or ER/LR/HR representatives in your Company that recommend you to the contrary.