Each and every time a postal employee or federal staff members applies for incapacity retirement by activ the use of OPM beneath CSRS or FERS, just one aspect the applicant should present is always that their using Company has tried, but will not be ready to, accommodate him or her.
To fulfill this component, the Federal personnel or postal employee would require to obtain a certification within just the Agency’s supervisor or HR/ER/LR office environment setting. The certification must problem the USPS or Federal agency has reviewed all vacant positions within a smart geographic space, which you’ll obtain none at the similar quality or fork out back phase and tenure in the commuting place which the postal worker or federal worker can execute.
When the HR/ER/LR people while using the USPS or Federal corporation are able to monitor down a vacant situation which the applicant can finish with their professional health-related ailment and boundaries, the worker will never be granted disability retirement.
However, some Federal Companies, incredibly commonly the USPS, will assign disabled personnel to gentle obligation or constrained duty positions and declare they have accommodated them. Through illustration, the USPS normally assigns people towards the placement of “Lobby Director”. In EEO scenarios, the USPS will go on and consider posture which the Lobby Director is not really actually a suitable placement, and will not qualify as assignment for lodging capabilities. Nevertheless, I’ve viewed the USPS go ahead and acquire distinct reverse condition when attempting to avert an employees from securing incapacity retirement.
So this really is the law. The Merit Programs Protection Board (MSPB) has held, following appellate courtroom circumstance legislation in the Federal Circuit Courtroom of Appeals, that light-weight obligation positions generally are not vacant positions for that motives in the disability retirement software. The fact is, the Federal Circuit has held the employee isn’t really accommodated, for incapacity retirement features, during the event the assignment into a “vacant position” is composed of the founded of ungraded and/or unclassified obligations which have been assigned on an advertisement hoc foundation.