|
Home > About USPS & News > Forms & Publications > Postal Periodicals and Publications > Manuals > Employee and Labor Relations Manual - Issue 18 > 3 Employment and Placement > 360 Other Personnel Actions
360 Other Personnel Actions
It is the policy of the Postal Service not to discriminate in personnel decisions
on the basis of (1) race, color, religion, sex, national origin, age, or disability
as provided by law, or (2) other nonmeritorious factors such as political
affiliation, marital status, sexual orientation, or gender identity.
Postal officials must concentrate on the effective and efficient use of
employee skills and potentials available to the Postal Service.
362 Change to Lower Level
Changes are initiated based on the application of the employee or at the
request of the installation head. Postal officials who are not authorized to take
final action provide recommendations to the higher authority.
362.2 When Change to Lower Level May Be Made
362.21 At Request of Employee
Employees may be changed to a position of lower-grade level at their own
request, without regard to adverse action procedures, when their written
requests establish that the changes are made solely for personal reasons in
their own interests. Employees' written requests are made a permanent part
of their official personnel folders. The request must contain the following
facts:
a. Employee and not the postal official initiated the request for the action.
b. Postal official, or any superior, has not pressured the employee.
c. Employee fully understands the requested transaction and considers
the reduction to be in his or her self-interest and benefit.
362.22 Because of Performance
When an employee's performance is unsatisfactory due to the employee's
inability to do the work, a change to a lower grade may be made to a position
where the employee can reasonably be expected to adequately perform. A
written notice prepared in compliance with the adverse action procedure
precedes the change.
362.23 Relegation of a Post Office
A change to a lower grade resulting from relegation of a Post Office must be
in accordance with the adverse action procedures. See 650 for
nonbargaining employees. See the appropriate collective bargaining
agreement for bargaining employees.
362.24 Realignments
In organizational realignments, management may offer an employee a
lower-grade position. Although the offer is management-initiated, the change,
if voluntarily accepted by the employee, is not processed as an adverse
action. In realignments involving a RIF, 354.2 and 354.3 govern voluntary
changes to a lower grade for nonbargaining employees.
362.3 Restrictions on Change to Lower Level
To fill a position by change to lower-grade level, an employee must meet the
requirements for the new position described in the applicable qualification
standard.
363 Conversions
363.1 Definition
Conversion refers to the process of changing a noncareer employee's status
to a career appointment in one personnel action. The selected noncareer
employee should not be separated and then given a career appointment
unless the employee's appointment expires before the employee can be
converted to career status. If a postmaster relief/level replacement (PMR/LR)
employee is being converted to career status, the PMR/LR must be
separated before being given a career appointment.
363.2 Competitive and Noncompetitive Authority
A conversion to career status based on a competitive authority occurs when
a selection is made from a Hiring Worksheet and the Hiring Worksheet
documents the selection. A conversion to career status based on a
noncompetitive authority occurs when a selection is made due to
noncompetitive eligibility such as reinstatement, transfer from another
agency, or veterans recruitment appointment.
363.3 Restrictions on Conversion to Career Appointment
A vacancy for a permanent position must exist for an employee to be
converted to a career appointment. Conversion is not possible to a temporary
vacancy incident to another employee's absence on active military duty.
363.32 Positions Restricted to Veterans
An employee who is not entitled to veterans' preference may not be
converted to career status in a position restricted to veterans unless
preference eligibles are unavailable. See Handbook EL-312, 232.52,
Positions Restricted to Applicants Eligible for Veterans' Preference.
364 Changes in Duty Status
Changes in duty status are changes that place employees in a nonpay status
or return them to active duty and pay status. These changes are defined in
items a through d.
a. Leave Without Pay (LWOP) - A temporary nonpay status and absence
from duty, granted when appropriate, as a result of an employee's
request (includes time spent on active military duty).
b. Suspension - A temporary nonpay status and absence from duty for
disciplinary or other reasons. If the suspension is for a specific period,
the appropriate documentation specifies the exact number of days and
dates of suspension.
c. Absence Without Leave (AWOL) - A temporary nonpay status and
absence from duty without appropriate authorization.
d. Return to Duty - A return to active duty and pay status from LWOP in
excess of 30 days.
In the remarks section of the personnel action, Human Resources indicates
the authority and reason for effecting the change in duty status.
365 Separation
365.1 Administrative Considerations
Separations are personnel actions that result in taking the employee off the
rolls of the Postal Service.
365.12 Effective Date of Separation
The effective date of separation is the last day the employee is carried on the
rolls.
365.13 Standard Terminology
A separation from the service must be identified by the prescribed term. Care
must be taken to use the term appropriate to the case, (e.g., death, removal,
resignation). Standard procedures and terminology must be used in
preparing personnel action forms.
365.14 Notice to Federal Employee About Unemployment Insurance
See 550.
365.2 Separations - Voluntary
365.21 Resignation
365.211 Definition of Resignation
Resignation is a separation at the employee's discretion. Resignations must be
accepted and are binding once submitted. However, employees are permitted to
withdraw their resignation request provided the request to withdraw is made
before close of business on the effective date of the resignation.
365.212 To Avoid Separation for Cause
If an employee submits a resignation after having been notified, either orally
or in writing, that an adverse action has been proposed for removal, change
to lower grade, or suspension for reasons furnished him or her, the
resignation must be accepted. A resignation must also be accepted if an
employee receives a written notice of decision to separate the employee for
reasons given in a notice of decision.
365.213 Because of Illness
The following policies apply in cases of resignation caused by illness:
a. 5 Years or More of Service. Employees covered by the Civil Service
Retirement System with 5 or more years of civilian service who resign
because of illness must be advised of their eligibility to apply for a
disability retirement.
b. 18 Months or More of Service. Employees covered by the Federal
Employees' Retirement System with 18 months or more of creditable
civilian service must be advised of their eligibility to apply for a disability
retirement.
c. Less Than 18 Months of Service. Employees covered by the Federal
Employees' Retirement System who have less than 18 months of
creditable civilian service must furnish medical evidence supporting
their claim to the installation head at the time of separation if their
seniority on reinstatement is to be restored. The existence of such
evidence should be annotated on the separation PS Form 50. The
evidence itself is forwarded to the appropriate Postal Service medical
official for retention.
365.214 Notice and Acceptance
The following policies apply regarding notice and acceptance of resignations:
a. Written Resignation. Resignations should be submitted in writing. The
employee specifies the reason and effective date. When possible,
written notice of resignation must be given at least 2 weeks before the
anticipated last day of work.
b. Oral Resignation. If employees decline to submit written resignations,
their oral resignations must be accepted, preferably in the presence of
witnesses. The supervisor or other official who receives an oral
resignation records the date received, the reason given, the effective
date, and the names of any witnesses. This record, signed by the
supervisor, is placed in the employee's official personnel folder as a
permanent record.
c. Reason for Resignation. The reason for a resignation should be clearly
stated in either a written or oral resignation. If the employee fails to give
a reason for resignation, the supervisor enters the reason she or he
believes the employee resigned.
d. Effective Date. When the employee sets an effective date of resignation
to include a period of unapproved leave, the unauthorized absence
may be charged to either earned annual leave or LWOP at the
discretion of the appointing official. The employee is informed of the
decision and given an opportunity to change the effective date. If the
employee is resigning in lieu of an involuntary separation, he or she
may not set an effective date for resignation that will occur after the
effective date for the involuntary separation.
365.22 Separation-Transfer
Separation-transfer is an action by which career employees are taken off the
rolls of a postal installation to permit their appointments to positions in other
federal agencies without a break in service.
365.222 Effective Date
An employee who notifies the appointing officials of a pending
separation-transfer may be carried in an annual leave (or nonpay, if no
annual leave is available) status between the last workday in the postal
installation and the entrance on duty in the other agency. No action is taken
until notice of employment has been received from the gaining agency. The
personnel action form is then prepared effective as of the close of business
the day before the employee's entrance-on-duty date at the new activity.
365.223 Replying to Requests for Suitability Information
When another government agency requests information on the suitability of
an employee transferring from the Postal Service, relevant information
contained in Postal Service records is furnished to safeguard its confidential
nature and to protect confidential sources.
365.23 Separation, Retirement
See 560 and 580.
365.3 Separations - Involuntary
365.31 Removal
Removal is an action involuntarily separating an employee, other than an
employee serving under a temporary appointment or a career employee who
has not completed the applicable probationary period, for cause.
365.312 Effective Date
The effective date is the date designated by the official making the decision,
but is not before the expiration of the required time limit for the notice period.
365.32 Separation-Disqualification
365.321 Applicability
This type of separation applies only to employees who have not completed
their probationary period.
365.322 Reasons for Action
Separation-disqualification is an action that results from the failure to meet
conditions specified at the time of appointment (such as failure to qualify by
conduct or capacity during the probationary period). It may also result from
information that, if known at the time of appointment, would have disqualified
the employee for the appointment.
365.323 Probationary Period
Separation-disqualification must be effected during the probationary period.
Action is initiated at any time in the probationary period when it becomes
apparent that the employee lacks capacity for efficient service.
365.324 Who Initiates Action
Supervisors may recommend separation-disqualification, but such
recommendations must be referred for decision to the official having authority
to take the action.
365.325 Procedure in Separating
If an appointing official decides to terminate an employee who is serving a
probationary period due to conditions arising prior to appointment, or
because work performance or conduct during this period fails to demonstrate
qualification for continued postal employment, the employee's services are
terminated by notifying the employee in writing as to why he or she is being
terminated and the effective date of the action. The written notice of
termination must at a minimum consist of the appointing official's conclusions
about the inadequacies of performance or conduct.
365.326 Effective Date
The effective date of separation must be before the end of the probationary
period and must not be retroactive.
365.33 Termination or Separation of Temporary or Casual Employees
An employee serving under a temporary appointment may be separated at
any time after notice in writing. In determining the proper action for a
particular case, the following criteria are used:
a. Termination, expiration of appointment, is the term used to separate an
employee whose services are no longer required.
b. Separation is the term used when describing the discontinuance of the
service of a temporary or casual employee because of unsatisfactory
performance that warrants termination from the Postal Service.
365.34 Separation-Disability
Separation-disability is a term used to indicate the separation of an employee
other than a temporary, casual, or a probationary employee whose medical
condition renders the employee unable to perform the duties of the position
and who is ineligible for disability retirement.
a. At the expiration of 1 year of continuous absence without pay, an
employee who has been absent because of illness may be separated
for disability. This action is not mandatory, however, and if there is
reason to believe the employee will recover within a reasonable length
of time beyond the 1-year period, the employee may be granted
additional leave in 30-day periods, not to exceed 90 days. If the
employee's condition indicates that LWOP beyond that period is
necessary incident to full recovery, the postal official must submit a
comprehensive report to the area manager of Human Resources with
appropriate recommendation and retain the employee on the rolls
pending a decision.
b. If an employee on the rolls of the Office of Workers' Compensation
Programs (OWCP) is unable to return to work at the end of the initial
1-year period of LWOP, the LWOP may be extended for successive
additional periods of up to 6 months each. Extensions are granted only
if it appears likely that the employee will be able to return to work within
the period of the extension. If it does not appear likely that the
employee will be able to return to work during the period, the employee,
upon approval of the area manager of Human Resources, is separated
subject to reemployment rights.
c. Before any employee on the rolls of the OWCP can be separated, the
requesting postal official must submit a comprehensive report through
channels to the area manager of Human Resources, with appropriate
recommendations. The employee must be retained on the rolls of the
Postal Service pending a decision.
d. If the area approves the request, and if the employee has sufficient
service for entitlement to retirement, the employee is not separated
until given an opportunity to retire. For involuntary separation, the
notice and appeal procedures outlined in 650 or the applicable
collective bargaining agreement, whichever is appropriate, is followed.
e. An employee who is eligible for disability retirement but chooses not to
apply is not separated for disability until a complete medical report has
been received and the employee has received retirement counseling.
f. An employee who is eligible for disability retirement is not separated for
mental disability. Rather, the appointing official files an application for
disability retirement on the employee's behalf provided the
requirements are met (see 568 and 588).
365.343 Notice to Employee
No employees who have completed their probationary period are separated
for disability until given a notice in writing of the proposed action and an
opportunity to reply in accordance with appropriate adverse action
procedures. Employees eligible for disability retirement are advised and
notified that unless they file application for disability retirement within 1 year
of separation their rights will lapse.
365.344 Effective Date
Separation-disability is effective on the date determined by the Human
Resources official or on the date authoritative notice is received in the case of
legal incompetence. If unused sick leave remains to the employee's credit,
the effective date may be extended to permit payment for the unused sick
leave. If an annuity is involved, an employee may wish to evaluate an earlier
annuity payment against the unused sick leave. Separations for disability
may not be effected retroactively or before the date of expiration of the time
specified in the notice.
365.35 Separation, Reduction in Force
The Postal Service procedure for effecting reductions in force parallels the
OPM procedure. The Postal Service attempts to make personnel adjustments
by various administrative actions other than RIF. If these actions are not
adequate, however, and RIF appears to be appropriate, prior approval for
such action must be obtained, through channels of communication, from the
vice president of Employee Resource Management.
365.361 Proof of Death
No action is taken to process the separation until credible evidence of death
is received. Evidence of death is filed in the deceased employee's official
personnel folder. The time and date of a postmaster's death should be
reported immediately to the vice president of Area Operations and the vice
president of Employee Resource Management.
365.362 Effective Date
The effective date of separation is the date of the employee's death.
Personnel action forms also show the last day that the employee was in a
pay status.
365.363 Expression of Condolence
The appropriate postal official should express condolences to the survivors,
including a sincere expression of sympathy, and an offer to assist in filing
claims for any funds to the deceased employee's credit.
|
