Effective March 13, 2008, Employee and Labor Relations Manual (ELM) 436.2, Limitations, is revised in the exceptions to item d to modify the limitations to corrective entitlement. The Equal Employment Opportunity Commission (EEOC) is added as an agency that may authorize the reversal or modification of a removal of employees and grant uncapped annual leave restoration. This change is made in accordance with 5 Code of Federal Regulations (CFR) Part 550, Subpart H, Back Pay.
ELM 436.41, Statement by Local Official, and ELM 436.42, Statements by Employee, are revised to add the names of the forms on which information must be entered for the administration of back pay claims. PS Form 8038, Employee Statement to Recover Back Pay, is to be completed by the back pay claimant. PS Form 8039, Back Pay Decision/Settlement Worksheet, is to be completed by the management official responsible for submitting the back pay claim for processing.
Employee and Labor Relations Manual (ELM)
* * * * *
4 Pay Administration
* * * * *
430 Basic and Special Pay Provisions
* * * * *
436 Back Pay
* * * * *
436.2 Limitations
Limitations to corrective entitlement are as follows:
* * * * *
d. Leave that is recredited as a result of the corrective action may not exceed the maximum amount of leave to which the employee was eligible (see 512.321).
[Revise 436.2d, Exception, as follows:]
Exceptions: Uncapped annual leave is recredited as a result of the reversal or modification of a removal by the Equal Employment Opportunity Commission (EEOC) or, for employees eligible for veteran’s preference, by the Merit System Protection Board (MSPB).
* * * * *
436.4 Documents in Support of Claim
436.41 Statements by Local Official
[Revise the introductory phrase of 436.41 as follows:]
The following must be provided on PS Form 8039, Back Pay Decision/Settlement Worksheet:
* * * * *
436.42 Statements by Employee
[Revise the introductory phrase and item a of 436.42 as follows:]
The following must be provided on PS Form 8038, Employee Statement to Recover Back Pay:
a. The employee must sign PS Form 8038 agreeing or disagreeing to the hours shown in 436.41b. If the employee does not agree, the basis for the disagreement should be explained.
* * * * *
We will incorporate these revisions into the next printed version of the ELM and into the next online updates, available on the Postal Service™ PolicyNet Web site:
(The direct URL for the Postal Service PolicyNet Web site is http://blue.usps.gov/cpim.)
The ELM is also available on the Postal Service Internet:
- Go to www.usps.com.
- Click on All Products & Services, then Publications, then Postal Periodicals and Publications, and then Manuals.
— Compensation,
Human Resources, 3-13-08
