Light Obligation, Lodging and Federal Disability Retirement Under FERS Or CSRS

When a postal worker or federal employee applies for disability retirement via OPM less than CSRS or FERS, one particular ingredient that the applicant have to demonstrate is that their utilizing Company has tried using, but can not, accommodate him or her.

To satisfy this aspect, the Federal employee or postal employee will require to get a certification from the Agency’s supervisor or HR/ER/LR workplace. The certification must condition that the USPS or Federal company has reviewed all vacant positions in a fair geographic location, and that there are none at the identical quality or shell out amount and tenure in the commuting location that the postal employee or federal worker can conduct.

If the HR/ER/LR individuals at the USPS or Federal agency are ready to locate a vacant placement that the applicant can conduct with their medical condition and limits, the staff will not be granted disability retirement.

Nevertheless, some Federal Agencies, very usually the USPS, will assign disabled personnel to light duty or limited duty positions and assert that they have accommodated them. For example, the USPS normally assigns people today to the place of “Lobby Director”. In EEO situations, the USPS will take the position that the Lobby Director is not a official place, and does not qualify as assignment for accommodation needs. Having said that, I have viewed the USPS acquire the correct opposite placement when trying to avert an employee from securing disability retirement.

So here’s the regulation.
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The Advantage Devices Safety Board (MSPB) has held, next appellate courtroom circumstance regulation in the Federal Circuit Court docket of Appeals, that light duty positions are not vacant positions for the uses of a incapacity retirement application. In reality, the Federal Circuit has held that the employee is not accommodated, for incapacity retirement applications, if the assignment to a “vacant situation” consists of a established of ungraded and/or unclassified obligations that have been assigned on an advertisement hoc basis.

If your using Federal Agency or the USPS places you in a mild or restricted duty situation, or assigns you a series of advertisement hoc responsibilities without having a position description, you will not be disqualified from acquiring incapacity retirement. Be mindful of any Agency supervisors or ER/LR/HR reps in your Agency that advise you to the contrary.

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