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March 26, 2003
FAQs
For U.S. Postal Service Employees With Military
Obligations
- After five years of active military duty, can I still
participate in weekend drills, summer camps, and any professional training
that my service branch offers?
The
general five-year rule regarding reemployment after active military service
does not limit participation in weekend drills, summer camps, and/or any
professional training that the service branch offers.
- I am in the reserves and my unit is called up for 270 days of
active duty. At this time, I do not have written orders. Who should I notify?
As in the case of any absence, your
contact is always your immediate supervisor. Call your supervisor, provide
specifics, and then follow up with a letter. If your orders are unavailable
before your departure date, send them to your supervisor as soon as possible.
Supervisors should be aware that orders are not always available (sometimes
because of sudden call-ups, and other times because of military requirements
or restrictions).
- When on active duty, how is my absence from work recorded?
It depends on the length of
military service. For short periods, such as weekend drills or summer camps,
you may take military leave, if eligible (ELM, Section 517.5). Otherwise, you
may take leave without pay (LWOP). For longer periods, you are placed on LWOP
and you remain on the roles. Under the Uniformed Services Employment and
Reemployment Rights Act (USERRA), the employer must keep you in LWOP status.
However, as the employee, you may elect to resign rather than remain on the
rolls. If you resign, you will forfeit substantial benefit rights when you
return to the Postal Service following military duty. It is important that you
consult with your Human Resources department before electing to resign your
Postal Service employment.
- What happens if I resign for active military service and later
wish to return to the Postal Service?
When you resign your employment with the Postal
Service to enter military duty and then reemployed by the Postal Service
following military duty, you are entitled to the seniority you would have
earned if you had not gone on military service. Non-seniority based employment
benefits you would have earned during the military service are forfeited
because you chose to resign your employment rather than take a leave without
pay.
- When military duty makes it operationally difficult at work, do
I have to change my military duty?
No. Under USERRA, military duty takes precedence
over civilian employment. However, your supervisor may contact your commander
and ask if your duty could be rescheduled due to business requirements. You
are not required to seek a change in your military duty days, but we
appreciate all efforts employees make to help the Postal Service meet its
business requirements and, at the same time, your military
obligations.
- I was called to active duty in January and returned to work in
December of the same year. When I left, my pay stub reflected 208 hours of
annual leave. My first full pay period stub reflected only 24 hours of leave.
What happened to the other hours?
At the beginning of the leave year, which
normally occurs in early January, the Postal Service advances annual leave to
full-time and part-time regular employees for the entire leave year, base on
the employee's leave category. This is not earned annual leave, but leave
hours the employee could normally earn during the leave year based on working
the employee's full-time or part-time regular work schedule. After an employee
returns to work from a prolonged absence of LWOP, the advanced leave hours are
adjusted to reflect the number of hours an employee could normally earn for
the remainder of the year.
- Upon returning from active duty drill, why do I need proof of
my military attendance in order to get paid military leave?
It is the policy of the Postal Service to request
supporting documentation prior to authorizing pay for absences. In your
situation, you requested military leave. Therefore, your supervisor needs
proof of your military attendance to properly authorize pay for your absence.
It is normally only a matter of giving a copy of your orders to your
supervisor.
- When an employee is returning to work after a short period of
military service, such as less than one month, how much time must the employee
be allowed off prior to reporting back work?
USERRA has definite rules relating to the
return-to-work policy, which the Postal Service follows. In this case, a
military absence of 30 days or less, the employee must return to work on the
first scheduled day of work following eight hours after the return home. This
rule also accounts for travel time home and gives the employee eight hours of
rest. In case of delays beyond the employee's control, the employee must
return to work as soon as possible.
- An employee, back from military service, was suppose to return
to work for his first scheduled day after the eight hours of rest at home. He
was two days late and did not provide or have a substantiated reason. Is he
subject to discipline?
The law and
our guidelines allow discipline if the employee fails to exercise prudent
judgement and causes the delayed return. If the delay was caused by situations
not under the employee's control, the employee cannot be held accountable and
discipline is not appropriate. The employee can be required to provide
documentation for the delay.
- We have a probationary employee who was activated for 180 days.
When the employee leaves for military duty they will have only completed 29
days of their probationary period. When the employee returns from military
duty, can I extend the probationary period?
No, the law and our regulations do not allow for
the extension of any employee's probationary period. The military service time
counts toward meeting the probationary requirement.
- May I bid while absent for military service?
Yes, a bargaining unit employee may bid in
accordance with the appropriate labor agreement when on LWOP for military
duty. Bids can be submitted before your departure and during your military
leave. You may leave a bid card behind that will be processed when the desired
position is posted.
- When is a bid position awarded?
The bid is awarded in accordance with the
appropriate labor agreement.
- How can I apply for an EAS position that will be advertised
during my military absence?
Employees leaving for military service, who will
be in an LWOP status, may submit a completed PS Form 991 prior to departure or
while in the military service. The form must reflect the desired occupation
title and needs to be prepared as if the vacancy is currently announced. The
applicant must provide responses to the requirement statements (KSAs) related
to the position of interest. For information on the preparation of PS Form
991, consult Publication 555, Responding To Personnel Selection Requirements.
The completed PS Form 991 needs to be submitted by the employee to the
local Human Resources department where the applicant wishes to be considered
for inclusion in the applicant pool. The employee should include a cover
letter stating they wish to apply for this position if it becomes vacant while
they are absent for military service. The application will be considered
provided the area of consideration stated on the vacancy announcement includes
the employee's work location.
- In the event that I am selected for a higher-level EAS position
while on active military duty, what is the effective date of the promotion?
USERRA requires that the effective
date be the same as though the employee is on the job and not on active
duty.
- I applied for the Associate Supervisor Program (ASP), but will
be leaving for my military obligation prior to the closing date of the vacancy
announcement. What will happen to my application?
Your application cannot move forward unless you
have taken and passed test 600. The review committee will grade a portion of
test 600, the writing sample. The total test results are needed to move your
application forward in the selection process. If you have previously taken and
passed test 600 and your score is still valid, your application could move
forward.
- I was notified and scheduled for the next ASP class. However, I
also received orders that my reserve unit has been activated for several
months of overseas duty during the same time as my ASP training class. Do I
lose the opportunity for ASP training?
No, you will not lose the opportunity for ASP
training. Upon return from your military obligation you should contact your
ASP coordinator so that you can be assigned to the next scheduled ASP
class.
- I am on the list for ASP training. However, I will soon be
activated for military service for the next two years. What happens to my
eligibility on the ASP class list?
If you are notified that you are scheduled for
the ASP training class before you leave, you will be scheduled for the next
class after your return from your military obligation. If you leave for your
military obligation prior to being scheduled for class, your score will be
retained on the ASP eligible list. If your score is reached while your are in
the military, you will be scheduled for the next ASP class upon your return to
postal employment. Upon return from your military obligation you should
contact your ASP coordinator.
- My ASP classroom training was interrupted by military reserve
duty. How can I continue the ASP training?
If you were called for duty and missed a
substantial portion of the ASP training, you will be recycled to the first ASP
class following your return from military service. If, however, your military
duty caused you to miss small amounts of training time, your situation will be
reviewed by Human Resources and a decision will be made as to whether your
absences will prevent you from successfully completing your ASP course. Human
Resources will ensure that every reasonable effort will be made to accommodate
an employee's military duty so he or she can complete the ASP program and will
not have to be recycled.
- I was offered an officer-in-charge (OIC) assignment that
conflicts with an extended tour of my reserve unit. Will I be assigned to the
position while in the military?
You
are not available for an OIC assignment when your military duty covers the
entire duration or nearly the entire period of the OIC assignment, so it would
be impracticable for you to assume or satisfactorily perform OIC duties. In
all other situations, military duty will not bar selection for or temporary
assignment to an OIC position.
- What happens to my Postal Service benefits during active
military service?
The Uniform
Services Employment and Reemployment Rights Act has provisions that maintain
your benefits within specified limits. There are some Postal Service benefits
that continue during your military service and others that require a make-up
contribution upon your return. Certain USERRA benefits must be requested
within specific time periods, including retroactive contributions to the
Thrift Savings Plan, which you must comply with to receive the benefit. It is
important to you and your family that you consult with the Human Resources
department before entering the military service and after you return to your
postal job to ensure that you receive all the USERRA benefits you are entitled
to.
- I am currently on terminal leave with my activated reserve unit
and will be separated in 30 days from the military; can I return to work
before I am officially separated?
Yes, you may return to your job. Present an
uncertified DD 214 or a written and signed statement from your command,
reflecting your separation date after the use of your terminal
leave.
- Does USERRA provide different benefits for employees who
voluntarily enlist for an initial period of uniformed service versus
reservists who are involuntarily called to active duty?
USERRA does not differentiate between voluntary
enlistment and involuntary reserve call-ups. The law provides the same
benefits for both.
- My reserve unit has been called to active duty and we are
station home site. Can l to continue working at my Post Office?
Postal and Federal employees activated for
military duty are prohibited to work for an agency, including the Postal
Service.
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