Notice of Separations – On OWCP Rolls for More Than One Year

Management has been so called “playing catch up” with issuing Notice of Separations to our injured carriers who have been out of work due to an acceptable and compensable on the job injury with OWCP for one year or more. On top of that they are also issuing Notices of Retirement Counseling Appointments to those injured carriers as well.

Prior to the issuance of these notices, management is required to follow the provisions in the ELM Section 365.34 and the EL-505. However, management is not doing this. Most times local management is not even aware that the injured carrier was issued the notice because it is being mailed right from the NY2 District. If one of your injured carriers receives this notice, file a grievance and use the following criteria:

ELM 365.342.c: If an employee on the rolls of OWCP is unable to return to work at the end of the initial 1-year period in 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.

ELM 365.342.d: Before an employee on the rolls of OWCP can be separated, the requesting postal official must submit a comprehensive report through channels to the manager of Human Resources (Area), with appropriate recommendations. The employee must be retained on the   rolls of the Postal Service pending a decision.

Request a copy of this comprehensive report in writing.

If the employee has any work capability, pursue limited duty via ELM 546.142 to break the cycle of one plus year in LWOP.

Ensure management follows EL-505 Section 4-22 it requires management to initiate the following prior to separation:

Request current claim status and copies of the latest medical reports from OWCP.

Schedule the employee for a fitness-for-duty exam.

If the medical documentation indicates the employee is capable of full duty, return the employee to work.

If the medical documentation indicates the employee is temporarily partially disabled, issue the employee a written limited duty job offer.

If the medical documentation indicates that the employee is permanently partially disabled, issue the employee a written permanent rehabilitation job offer.

If the medical documentation indicates permanent total disability, request separation as outlined in ELM 365.

Obtain evidence of the status of the injured employees’ disability, partial versus total and temporary versus permanent.

When evidence shows that disability is permanent and total after one year of LWOP, prior to separating an employee, EL-505 Section 4-23 requires local management to prepare a request letter to Postal Service HQ that includes:

A brief history of the employee’s injury.

The date the employee entered into an LWOP IOD status. The employee must have been LWOP-IOD status for one year before separation is requested.

Conclusive medical reports, no more than 6 months old, and a summary of pertinent medical documentation substantiating the request for separation.

A request to the area HR analyst for confirmation to terminate the employee’s LWOP-IOD status and initiate separation action. The request is t be agreed with by the district HR manager and appropriate functional manager and be signed by the district manager.

After management has prepared their request in accordance with the above provision, they are then required to submit the request to USPS HQ and maintain the employee on the rolls pending formal decision from HQ. If applicable, the employee must be advised of retirement rights. Request copies of the request letter in writing.

Preempt arguments that EL-505 is not arbitrable by citing the Postal Service’s post-argument dispute that ELM 546 and EL-505 are collective bargaining agreements transformed from unilateral policy to binding agreements.

ELM 365.342.e: If manager of HR approves request to separate, the separation cannot take effect until the employee has been given an opportunity to retire.

ELM 365.342.f: If the employee is eligible for disability retirement but chooses not to apply, they are not separated until a complete medical report has been received by the manger of HR and the employee receives retirement counseling.

Separated employees can still apply for disability retirement even if they chose not to while employed. The application must be received by OPM within one year after the date of separation.