Service members are entitled to participate in the rights and benefits that are available to employees on a comparable nonmilitary leave of absence. They are also entitled to participate in any nonseniority right or benefit that became effective during their service time. Postal Service policy complies with USERRA and includes, but is not limited to, the features outlined in this section.
USERRA provisions apply to retirement, the Thrift Savings Plan, Flexible Spending Accounts, and to health- and life-insurance programs. For additional information, contact headquarters Compensation organization.
Employees on active uniformed service are entitled to use earned annual leave during their regularly scheduled workday while performing uniformed service, if they elect to do so. Requests for annual leave must not be denied.
Note: USERRA supersedes any provisions of the CBAs that reduce, limit, or eliminate in any manner any right or benefit provided by USERRA, including limitations on using annual leave.
Employees on active uniformed service may use sick leave provided they submit documentation from military medical authorities showing that the employee is hospitalized, restricted to quarters, or placed in a convalescent status because of the employee’s medical condition. The employee must submit medical documentation before the leave is paid. Requests for sick leave must not be approved to qualify an employee who is on leave without pay for holiday pay (see 434.4 of the Employee and Labor Relations Manual [ELM]). Paid military leave is authorized in accordance with ELM 517.
The following applies:
- Employees on active uniformed service are protected in the following situations:
- Demotion or separation. While on uniformed service, the employee may not be demoted or separated except for cause.
- Reduction in force. The employee does not participate in a reduction in force (RIF) or a separation for lack of work.
- Position abolished. If an employee’s position is abolished during his or her absence for uniformed service, the employee must be reassigned to another position of like status and pay.
- Reemployed service returnees with career status are protected from discharge, except for cause, as follows:
- For 1 year after the date of reemployment, if the period of uniformed service was for more than 180 days.
- For 180 days, if the period of uniformed service was for more than 30 but less than 181 days.
- No protection is provided under this section for employees who served less than 31 days.
