774 Documentation Required to Return to Work

USERRA requires that the employer return an employee to work promptly upon the employee’s completing uniformed service. The following applies:

1. Uniformed service of 30 days or less. Employees returning from uniformed service of 30 days or less are not required to submit documentation concerning their uniformed service as a condition of returning to duty.

Note: To receive paid military leave, upon return from uniformed service to the Postal Service, employees requesting paid military leave (regardless of service duration) must furnish a copy of military orders or other documentation properly endorsed by appropriate military authority to show that the employee performed the service.

2. Uniformed service of 31 days or more. Employees who have been absent from Postal Service employment to perform uniformed service of 31 days or more must provide documentation to establish eligibility for reemployment. The types of documents necessary to establish eligibility will vary case to case.
3. Required documentation and information. Before returning the employee to duty, the Postal Service must receive the employee’s military orders or other documentation that satisfy the requirements of USERRA. The documentation must include a timely oral or written request for restoration accompanied by the following:
1. DD214 or other official documentation showing that the returnee was in military service during the returnee’s absence (see 771.4.
2. Employee’s cumulative uniformed service period, not to exceed five (5) cumulative nonexcepted years.
3. Beginning and ending dates of the employee’s most recent period of uniformed service.
4. If the employee was hospitalized or in a convalescent status after separation or discharge from uniformed service, documentation showing that the employee was placed in this status by competent medical authority, and the beginning and end dates of hospitalization or convalescent status.

Note: Management must consult HR before making any determination relating to documentation to return to work.

4. If unable to provide required documentation. If the employee is unable to provide satisfactory documentation because the required documentation does not exist or is not reasonably available, the following provisions apply:
1. The returnee must be conditionally reemployed and provided any benefits of seniority to which he or she would have been entitled but for the returnee’s absence to perform uniformed service. However, employees who have been absent to perform uniformed service for more than 90 days are not entitled to retirement benefits for the period of their uniformed service until they provide the required documentation.
2. The employee must provide the required documentation when it becomes available.
3. If the documentation shows that the employee was not eligible for reemployment under USERRA, the employee will be denied permanent reemployment, and immediately separated.

Note: The supervisor or manager must provide to HR for review the documentation that the employee presents, but must not return the employee to work unless HR directs to do so. If the employee is unable to provide documentation, the supervisor or manager must consult HR before returning the employee to work. However, requests to return to work should be expeditiously processed and reemployment should not be unreasonably delayed for administrative reasons.