the national and some local postal unions are failing limited duty workers in the USPS’ quest to rid itself of limited duty employees. The local union is the key in identifying limited duty work and is obligated by Article 13 to do so, most don’t and won’t. It appears the national simply looks to the sky on this issue. Especially in big cities there is more than enough work for such employees.
If your limited duty/rehab job has been eliminated and you can document available work, I suggest you file a restoration rights MSPB appeal ASAP. (This is where the union fails, they will not provide the necessary documentation. While it is extremely difficult to document without the unions assistance, it is not impossible.)
* Restoration Rights--5 CFR Part 353 Section 353.301
http://www.access.gpo.gov/nara/cfr/waisidx_00/5cfr353_00.html~~~~~~~~~~~~~~~~~~
Other useful info
Do Not Return to Work until Full Execution of Your "Maggie Moore" Rights
Job Suitability Determinations Under the FECA Returning to Work after period of Disability Caused by Compensable Work Injury
An injured worker (IW) has the right to a formal suitability determination by OWCP before returning to work from a period of disability caused by compensable injury. Evidence of OWCP's determination of suitability comes in the form of a "30- day" letter. In this letter, the IW is informed that OWCP has reviewed the job offer, considered pertinent medical information and has determined that the job being offered is medically - and otherwise - suitable. The IW is given 30 days to respond to OWCP with reasons - if any - for refusing the job. OWCP is bound to consider any reasons given by the IW, after which a second letter - the "15 day" letter - is issued to the IW.
In the 15-day letter, the IW is told that reasons given for rejection of the offer have been considered and either OWCP is persuaded that the job is not suitable after all, or they find that the offer remains one of suitable work. OWCP tells the IW that no other reasons for refusal will be considered, and that if the IW does not accept the position being offered within 15 days, compensation benefits will terminate. If the IW refuses to report to suitable work after the Maggie Moore procedural requirements are met, compensation benefits are cut. The decision to cut benefits can be appealed, but compensation benefits will not be reinstated absent reversal on appeal.
In this office, we are sticklers for Maggie Moore rights, and in virtually every case we insist that they be thoroughly invoked and complied with. While time-consuming and "inconvenient", a strict adherence to these procedures provide our clients the best possible chance of long term success in the work force - obviously of great benefit to employing agencies as well.
Sally F. LaMacchia
Attorney at Law
1779 E. Main Street
Ventura, CA 93001-3410
(805) 641 5941
(805) 641 5945 fax
---------------------------------------
Maggie Moore ECAB Decisions
* 41 ECAB 334
* 42 ECAB 484
* 43 ECAB 818
* 43 ECAB 1116
* 46 ECAB 231
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Return To Limited Duty [Job Offers] Regulations
* Return to work -- Employer's Responsibilities
20 CFR Part 10, Sections 10.505 thru 10.509
* Return to work -- Employee's Responsibilities
20 CFR Part 10, Sections 10.515 thru 10.517
The 20 CFR Part 10 can be accessed at:
http://www.access.gpo.gov/nara/cfr/waisidx_01/20cfr10_01.html* FECA Procedure Manual, Claims Part 2, Chapter 2-0814, Sections 4 thru 8
http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://nt5.scbbs.com/cgi-bin/om_isapi.dll^Q^infobase=feca-pt2.nfo|softpage=PL_frame&exitTitle=Claims,_FECA_Part_2* Restoration Rights--5 CFR Part 353 Section 353.301
http://www.access.gpo.gov/nara/cfr/waisidx_00/5cfr353_00.html~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For USPS employees: The USPS also has to contractually comply with the following:
* USPS ELM, Section 546.14
http://www.usps.com/cpim/ftp/manuals/elm/elmc5/elm540.pdf* USPS EL-505 Injury Compensation Handbook, Chapter 7
http://www.nalc.org/depart/cau/pdf/manuals/el505fdr/505url.pdfAlso, check with your union to see if they have negotiated a list of light duty assignments within your craft in accord with Article 13, Section 1 of the contract.
Facebook
Twitter