Effective April 17, 2014, the Employee and Labor Relations Manual (ELM), Sections 310-360, is updated to incorporate changes to Employment and Placement policies as follows:
n 311.12 is updated to reflect the current official EEO policy statement.
n 311.21 is revised with minor editorial changes.
n 311.22 is revised to insert the word compliance with minor editorial changes.
n 311.23 is revised to update the name of the Diversity and Inclusion office.
n 311.24 is added to show responsibilities of the Manager, Human Resources (District).
n 312, Qualification Standards, was recently revised and moved to Section 251.
n 321.1 is revised to add two sentences clarifying that nonbargaining vacancies that are not filled internally may be filled externally, and to clarify that both competitive and noncompetitive recruitment sources may be used to fill nonbargaining vacancies externally.
n The heading and content of 321.2 is revised and updated to delete the reference to the National Test Administration Center and clarify that external recruitment opportunities must be widely publicized.
n Previous 321.3 through 321.5 and 321.7 are deleted as these sections are no longer relevant.
n Previous 321.6 is renumbered 321.3 and content is revised with minor edits to clarify that veterans’ preference in appointment applies to eligible applicants only.
n The heading of 330 is revised to eliminate the reference to Registers.
n 331 is updated with minor editorial changes and to eliminate the last sentence.
n The heading and content of 332.2 are revised to include inservice testing and to clarify that vendors may administer entrance and inservice examinations on behalf of the Postal Service.
n 332.3 is revised to state that postal examiners may administer inservice examinations provided there are no conflicts of interest.
n 332.4 is revised with updates for current processing, and a sentence referencing another section of the handbook is deleted.
n 333 is revised with updates for current processing and to clarify that the online application system arranges the applicants in rank order by veterans’ preference claim status.
n The heading for 334 is revised to replace the outdated term Hiring Registers with Hiring Lists.
n The heading for 334.1 is changed from Definition to Applicants, and the text is updated to define applicants.
n The heading for 334.2 is revised from Required Actions to Definition of Hiring List and text now defines a Hiring List.
n 334.21 through 334.4 is deleted.
n 342 is revised with the updated EEO policy statement.
n 343 is revised with minor editorial changes and to clarify who must approve the employment of former postal or federal employees removed for cause.
n The heading of 344 is revised from Hiring Worksheets to Hiring Lists to reflect the currently used term.
n The heading of 344.1 is revised to replace the word Worksheets with Lists, and text is revised to update it with current procedures.
n 344.2 is revised to state the training requirements for interviewers and to delete the reference to another section of the handbook.
n 344.3 is revised to clarify selecting official responsibilities.
n 344.4 is revised to clarify that the Rule of 3 is used for making selections from an external Hiring List and to address applicants performing uniformed military service.
n The heading for 334.5 is revised to clarify the text that addresses veteran’s preference eligible applicants and includes minor updates.
n The heading for 345 is revised to replace the word Worksheets with Lists, and the text is revised to delete the instruction for keeping obsolete PS Forms 5900.
n The heading for 346 is revised to add the term Conditional, and the text is revised for reader ease of use and to insert another example of a condition on which the offer of appointment may be made.
n 347 is revised to replace the terms temporary or casual with noncareer.
n 348.11 is revised to delete the phrase suggesting that noncareer employees are limited to those providing relief or leave-replacement service on rural routes and in small Post Offices. A new sentence is inserted addressing dual appointments, additional categories of noncareer employees are listed, and a sentence is inserted with an instruction to check the Valid Dual Combinations list as needed.
n 348.14 is revised to reference applicable collective bargaining agreements, and the last sentence is revised to replace conducting examinations, maintenance of registers, selections, and promotions with the broader selection and appointment.
n 348.15 is revised to add a sentence mentioning that special handling is required to ensure that FLSA-overtime is properly paid where the employee works overtime at two different rates and in more than one facility.
n 348.2 is revised to simplify the sentence and to add a sentence stating that when a postal employee is employed concurrently in another federal agency, postal employment is primary and takes precedence when a scheduling conflict arises.
n 348.3 is revised to add a sentence stating that when a postal employee is employed concurrently by another private employer, postal employment is primary and takes precedence when a scheduling conflict arises.
n 351.13 is revised to clarify that an employee serving under a noncareer appointment is not eligible for promotion to a career position.
n 351.2 is revised to update and clarify circumstances under which positions may not be filled on a permanent basis.
n 351.32 is revised to delete the reference to EAS positions and replace it with the broader term nonbargaining. A phrase is added for clarification related to limited eligibility for consideration. It is further revised to update the text concerning restoration rights, when a personnel action is effected upon return to duty, and a Note is added to address benefits.
n 351.4 is revised to clarify that it is Postal Service policy to provide all qualified employees equal opportunity for assignments and promotions, and to update the anti-discrimination statements.
n 351.53b is revised to explain when consideration is expanded to postal employees outside the minimum area of consideration.
n 351.53c is revised with minor editorial changes.
n 351.53e is deleted as it is sufficiently addressed in 351.53d. 351.53f is renumbered 351.53e, and 351.53g is renumbered 351.53f.
n 351.55 is revised to clarify when to reference Handbook EL-312 concerning Temporary Promotion.
n 351.62 is revised with minor editorial changes.
n 352 is revised with minor editorial changes and to replace the term craft with bargaining, and to insert the link for Position Descriptions Online.
n 353.1 is revised with minor editorial changes and to insert a reference to Handbook EL-312.
n 353.2 is revised with minor editorial changes.
n 353.21 is revised to insert a reference to Handbook EL-312.
n 353.22 is revised to better describe how an employee can request noncompetitive reassignment.
n 353.23 is revised to insert the term nonbargaining to clarify the employees to whom this policy applies.
n 361 is revised to reflect the current official EEO policy statement.
n 362.21 is revised with minor editorial changes.
n 363.2 is updated to reflect current hiring processes by changing the term Hiring Worksheet to Hiring List.
n 363.31 is revised with minor editorial changes and to show that the cited situation is an example.
n 363.32 is revised to add a phrase for clarity.
n 364(d) is revised to reference HBK EL-312 773 for requirements for return to duty after 30 days or more of active duty military service.
n 365.214 is renumbered 365.215. New section 365.214 was added to address voluntary separation to perform military service.
n 365.215 (formerly 365.214) is revised with minor editorial changes and to reference another policy for employees seeking to resign to perform military service.
n 365.221 is revised to add a sentence to clarify the definition of a separation-transfer.
n 365.33 is revised to update the description of temporary or casual employees with the term non-career and to more clearly define Termination-Expiration of Appointment in 365.33a.
n 365.34 is revised to update the description of temporary or casual employees with the term non-career.
n 365.342 is revised to add new item b addressing the recovery period of an employee covered under USERRA who is hospitalized or convalescing due to a service-connected disability. Subsequent items are renumbered and minor editorial changes are also incorporated.
n 365.37, including 365.371 and 365.372, is added to address the definition for Separation — Ineligibility for Reemployment under USERRA and the effective date.
Employee and Labor Relations Manual (ELM)
* * * * *
3 Employment and Placement
* * * * *
310 General Provisions
311 Functional Responsibilities
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311.12 Prohibition of Discrimination
[Revise the text of 311.12 to read as follows:]
It is the policy of the Postal Service that all employees and applicants for employment be afforded equal opportunities in employment without regard to race, color, sex (including gender identity and gender stereotypes), national origin, religion, disability, or service in the uniformed services. As part of its program of equal employment opportunity, the Postal Service prohibits discrimination or harassment based on any of these categories. In addition, it is also the policy of the Postal Service to prohibit discrimination or harassment based on age, genetic information, sexual orientation, marital status, political affiliation, or status as a parent. Position changes and advancement are based solely on merit, applicable experience, and knowledge, skills, and abilities.
* * * * *
311.21 Vice President of Employee Resource Management
[Revise the text of 311.21 to read as follows:]
The vice president, Employee Resource Management, develops policies, methods, and procedures for recruiting, selecting, appointing, assigning, reassigning, and promoting employees.
* * * * *
311.22 Area Manager of Human Resources
[Revise the text of 311.22 to read as follows:]
The manager Human Resources (Area), directs the review, compliance, and continued long-term improvement of all employee and labor relations programs, including collective bargaining, grievance processing, arbitration, contract interpretation, contract analysis, recruitment, compensation, organizational design, staffing, training, Equal Employment Opportunity (EEO), safety, and Postal Career Executive Service (PCES) administration.
* * * * *
[Revise the title and text of 311.23 to read as follows:]
311.23 Diversity and Inclusion
Diversity and Inclusion ensures that recruitment, retention, and promotion practices draw upon and support the communities served by the Postal Service. Diversity and Inclusion implements affirmative employment plans and takes the following actions:
a. Develops and implements recruitment and hiring strategies to increase the employability of underrepresented groups, including minorities, women, and people with disabilities.
b. Establishes retention initiatives to reduce turnover of a diverse workforce.
c. Establishes methods to increase participation of underrepresented groups in development and promotion activities.
d. Identifies and removes employment barriers for minorities, women, and people with disabilities.
[Add the text of 311.24 to read as follows:]
311.24 District Manager of Human Resources
The manager, Human Resources (District), manages the human resources function district-wide, ensuring compliance with postal employment and placement policies and coordinating human resources activities to support postal operations.
* * * * *
321.1 Anticipating Recruitment Needs
[Revise the text of 321.1 to read as follows:]
Generally, nonbargaining positions are filled from within the Postal Service. When vacancies are not filled by internal placement of employees, career and noncareer vacancies may be filled externally. The appointing official must anticipate recruitment needs in time to ensure that qualified persons are available for appointment. The appointing official must consider the number of anticipated vacancies, and decide whether the needs can be met with noncompetitive recruitment sources, competitive recruitment, or a combination of competitive and noncompetitive recruitment sources. When competitive recruitment will be utilized, the appointing official determines whether additional recruitment efforts are necessary to yield a diverse pool of qualified persons for potential Postal Service employment (see Handbook EL-312, Employment and Placement, chapter 2).
[Revise the title and text of 321.2 to read as follows:]
321.2 Publicizing Job Opportunities
District human resources managers and appointing officials must ensure that job opportunities are widely publicized to recruit new employees (see Handbook EL-312, part 42).
[Revise the title and text of 321.3 to read as follows:]
321.3 Veterans’ Preference for Eligible Applicants
The Postal Service grants veterans’ preference to eligible applicants for Postal Service employment. See Handbook EL-312, 48, Veterans’ Preference, for specific procedural guidelines.
[Delete 321.4 and 321.5 in their entirety, then renumber 321.6 and 321.7 as the new 321.4 and 321.5.]
* * * * *
[Revise the title of 330 to read as follows:]
330 Examinations
331 Purpose of Examinations
[Revise the text of 331 to read as follows:]
The Postal Service administers employment and promotion examinations to help identify the best qualified eligible candidates for filling vacant positions. See Handbook EL-312, chapter 3, for detailed provisions regarding employment and promotion examinations.
* * * * *
[Revise the title and text of 332.2 to read as follows:]
332.2 Entrance and Inservice Examinations
Only authorized personnel and vendors may conduct entrance and inservice postal examinations.
332.3 Inservice Examinations
[Revise the text of 332.3 to read as follows:]
Installations that have regularly-assigned examiners must use these trained personnel to administer inservice examinations, provided there are no conflicts of interest such as the examiner is assigned to proctor an exam in which he or she or a relative is enrolled. Any exceptions to this policy must be approved by the Headquarters Testing and Assessment department. See Handbook EL-312, chapter 3, for more information.
332.4 Examination Locations
[Revise the text of 332.4 to read as follows:]
The Postal Service obtains qualified employees and helps applicants seeking postal employment through a network of examination locations where persons may take the required examinations for Postal Service employment.
333 Veterans’ Preference
[Revise the text of 333 to read as follows:]
Veterans’ preference is granted to eligible applicants for Postal Service employment. The Postal Service’s online application system, eCareer, adds claimed preference points to examination ratings as required by the Veterans’ Preference Act of 1944, as amended, or arranges the applicants in rank order by veterans’ preference claim status (see 441). The appointing official or designee adjudicates the claimed preference. See Handbook EL-312, 48, Veterans’ Preference, for more information.
[Revise the title of 334 to read as follows:]
334 Establishing Hiring Lists
[Revise the title and text of 334.1 to read as follows:]
334.1 Applicants
Persons who apply to a vacancy announcement posted externally on http://about.usps.com/careers/welcome.htm are applicants.
[Delete sections 334.2 – 334.4 in their entirety and add new 334.2 to read as follows:]
334.2 Definition of Hiring List
A Hiring List consists of a listing of the names of eligible applicants who applied to the specific vacancy announcement arranged in descending order by score or veterans’ preference status, as appropriate to the position being filled, for appointment consideration. See Handbook EL-312, subchapter 44.
* * * * *
342 Preemployment Suitability Determinations
[Revise the text of 342 to read as follows:]
To maintain public trust and confidence in the reliability and integrity of its employees, the Postal Service must evaluate the overall suitability of applicants for postal employment prior to consideration and selection.
It is the policy of the Postal Service not to discriminate in personnel decisions on the basis of:
a. Race, color, sex (including gender identity and gender stereotypes), national origin, religion, disability, and uniformed service, or
b. Other nonmeritorious factors such as age, genetic information, sexual orientation, marital status, political affiliation, and status as a parent.
343 Applicants Separated for Cause
[Revise the text of 343 to read as follows:]
Prior approval of the manager, Human Resources (District); the manager, Human Resources (Area) for Area positions; or the vice president, Employee Resource Management for Headquarters and Headquarters Field Unit positions, must be obtained before employing any former postal or federal employee who was removed from the Postal Service or other federal employment for cause or who resigned after being notified that charges proposing removal would be, or had been, issued. See Handbook EL-312, 514.11, Handling Removals From Postal Service or Other Federal Employment, for further information.
[Revise the title of 344 to read as follows:]
344 Hiring Lists
344.1 When to Issue Hiring Lists
[Revise the text of 344.1 to read as follows:]
When necessary to hire externally from a competitive recruitment source, Human Resources publishes a vacancy announcement on http://about.usps.com/careers/welcome.htm. If an entrance examination is required, applicants not currently qualified on the examination may be invited to take the test. A Hiring List containing the names of qualified applicants is created after expiration of the testing time limit. Each applicant listed on the Hiring List is invited to be interviewed for the position.
344.2 Interviewing Applicants
[Revise the text of 344.2 to read as follows:]
Interviewers for nonbargaining vacancies must be trained and certified on Nonbargaining Selection Methods, Course 10022345 and Essentials of Interviewing and Hiring: Behavioral Interview Techniques, Course 3623586. Interviewers for external bargaining vacancies must be trained and certified on Entry Level Interviewer Training, Course 21585-00. Interviewers become certified by completing the course, observing an interview conducted by a certified interviewer, and being observed conducting an interview by a certified interviewer. A trained, certified interviewer conducts interviews with external applicants for bargaining positions.
344.3 Appointing Official Responsibilities
[Revise the text of 344.3 to read as follows:]
The selecting official must make selections for appointment from external Hiring Lists using the rule of three (see 344.4). Selections must be made on the basis of merit. It is the policy of the Postal Service not to discriminate in personnel decisions on the basis of:
a. Race, color, sex (including gender identity and gender stereotypes), national origin, religion, disability, and uniformed service, or
b. Other nonmeritorious factors such as age, genetic information, sexual orientation, marital status, political affiliation, and status as a parent.
344.4 Rule of Three
[Revise the text of 344.3 to read as follows:]
Appointing officials select from among the three highest ranked and available applicants from the appropriate external Hiring List. An applicant who is performing uniformed service is not per se unavailable; consult human resources. This selection method is known as the rule of three (see Handbook EL-312, 624).
[Revise the title and text of 344.5 to read as follows:]
344.5 Nonselection of a Veterans’ Preference Eligible
A veterans’ preference eligible candidate may not be passed over to select a nonpreference eligible candidate that is lower on the Hiring List, unless the selecting official objects to the veteran and the objection is sustained. See Handbook EL-312, 627, Objection to or Pass Over of Preference Eligible, for requirements for passing over a veteran.
[Revise the title and text of 345 to read as follows:]
345 Auditing Hiring Lists
After the appointing official has made all selections and each action has been properly documented, the selections are audited according to provisions found in Handbook EL-312, 63, Auditing Selection Actions.
[Revise the title and text of 346 to read as follows:]
346 Conditional Offer of Appointment
When an applicant is selected, the appointing official makes a conditional offer of appointment that includes:
a. Full particulars regarding the position, including title, duties, level, salary, location of employment, nature, and duration of appointment.
b. Instructions for medical assessment and any other required conditions the appointee must fulfill after entrance on duty, e.g., serving a probationary period, obtaining a security clearance, or being subject to investigation.
347 Former Postal or Federal Employees
[Revise the text of 347 to read as follows:]
For applicants selected and hired for noncareer jobs after having previously served in a position in the Postal Service or other federal agency, wherein they were covered by civil service retirement, health benefits, or life insurance, such persons must have at least a 4-day break between such service and their appointment as a noncareer employee. For more information on restrictions on hiring a postal or federal employee covered by benefits into a temporary postal position, see Handbook EL-312, 233.34, Dual Employment.
* * * * *
348.11 General Explanation
[Revise the text of 348.11 to read as follows:]
Under certain circumstances, as described in this chapter, an employee may be appointed to more than one position in the Postal Service. This type of employment is known as a dual appointment. Only one of the appointments may be to a position in the career workforce. The primary purpose of dual appointments is to improve the opportunity of career part-time employees and noncareer employees to gain additional employment and to minimize unemployment compensation expense. Dual appointments also allow the Postal Service to use experienced employees instead of hiring new employees.
Substitute rural carriers (designation/activity codes 720 and 730) may be given a dual appointment to a career part-time position or noncareer position. Postal Support Employees (PSEs), City Carrier Assistants (CCAs), Mail Handler Assistants (MHAs), Casual Mail Handlers, Rural Carrier Reliefs (RCRs), Rural Carrier Associates (RCAs), and Postmaster Relief (Remotely Managed Post Office (RMPO)) (PMRs), cannot be given a dual appointment to a career position. Dual appointments of noncareer employees in other noncareer positions may also be limited. Consult the Valid Dual Combinations list on the HRSSC Personnel Administration Toolkit web page as needed.
* * * * *
348.14 Appointment Requirements
[Revise the text of 348.14 to read as follows:]
Employees considered for dual appointments must meet all qualification requirements for both positions, including examination requirements, if any. Likewise, substitute rural carrier employees (designation/activity codes 720 and 730) may be appointed to entry level career positions noncompetitively as permitted under applicable collective bargaining agreements. All other procedures for selection and appointment are included in Handbook EL-312, Employment and Placement.
348.15 Compensation, Benefits, and Other Rights
[Revise the text of 348.15 to read as follows:]
An employee serving under a dual appointment is compensated for the work performed in a particular position at the appropriate rate for that position. If one of the positions of a dual appointment carries the right to benefits, the employee accrues the rights immediately upon appointment to that position and retains the rights even while working in another position that does not have such benefit rights. Other rights, which accrue to a position under the terms of a collective bargaining agreement, are accorded to the employee. Special handling is required to ensure that FLSA-overtime is properly paid where the employee works overtime at two different rates and in more than one facility.
* * * * *
348.2 Between Postal Service and Other Federal Agencies
[Revise the text of 348.2 to read as follows:]
An employee, other than a Governor, may serve and receive pay concurrently as an employee of the Postal Service and as an employee of any other federal agency, except the Postal Regulatory Commission. See Handbook EL-312, 233.34 and 234.23, Dual Employment, for information on restrictions on dual employment. When a postal employee is employed concurrently in another federal agency, postal employment is primary and takes precedence when a scheduling conflict arises.
348.3 Between Postal Service and Private Industry
[Revise the text of 348.3 to read as follows:]
A Postal Service employee may be employed concurrently as an employee in the private sector unless such employment has an adverse impact on postal operations or where conflicts of interest may be generated between the private employer and/or employee and the Postal Service. When a postal employee is employed concurrently by another private employer, postal employment is primary and takes precedence when a scheduling conflict arises. See 662.1 for further information.
* * * * *
351.13 Eligibility for Promotion
[Revise the text of 351.13 to read as follows:]
An employee serving under a career appointment is eligible for reassignment or promotion to a career position. An employee serving under a noncareer appointment is not eligible for promotion to a career position.
351.2 Positions Not to Be Filled on a Permanent Basis
[Revise the text of 351.2 to read as follows:]
The following are not to be filled on a permanent basis:
a. Any position from which an employee is absent under circumstances where he or she has a right to be restored to his or her position; for example, because of an on-the-job injury.
b. Any position from which an employee is on leave without pay to perform military service and has or may have reemployment rights under USERRA (see EL-312, section 77). Note: A position does not need to be held for an employee who (1) resigned to perform active military duty and (2) executed a Resignation to Enter Military Service Declaration; however, an employee placed into a position vacated by an employee who resigned to perform military service and completed a Resignation to Enter Military Service Declaration may be removed from that position in order to comply with the requirements of USERRA to reemploy an employee with reemployment rights who resigned to perform military service.
c. Any position from which an employee was (a) subjected to an adverse action (e.g., removal, demotion, or reassignment) and (b) for which a grievance or appeal to the Merit Systems Protection Board is pending.
* * * * *
351.32 Eligibility for Consideration
[Revise the text of 351.32 to read as follows:]
Eligibility for consideration for some nonbargaining positions is limited to employees in specific grades, occupations, geographic areas, or organizations, especially during periods of organizational change. The limitations for bargaining positions are described in collective bargaining agreements and Handbook EL-312, 72, Bargaining Positions. Employees with restoration rights by reason of military duty may request consideration and are considered for promotion, assignment, and conversion to full-time status, if otherwise eligible. (Consult human resources if an employee absent because of military duty requests consideration, but does not submit a formal application.) Other employees on extended leave or leave without pay are considered, provided they are eligible and have submitted an application. The personnel action is effected upon return to duty and is dated retroactively to the date the change would have occurred had the employee not been absent. Note: The employee may be entitled to benefits including back pay for leave (including military leave) and retroactive activation of Federal Employees Health Benefits coverage (see Chapter 5, Employee Benefits).
351.4 Equal Opportunity
[Revise the text of 351.4 to read as follows:]
Postal Service policy provides all qualified employees an equal opportunity for assignments and promotions. Assignments and promotions must be based on merit and the relevant experience, training, knowledge, skills, and ability required for the positions being filled. It is the policy of the Postal Service not to discriminate in personnel decisions on the basis of:
a. Race, color, sex (including gender identity and gender stereotypes), national origin, religion, disability, and uniformed service, or
b. Other nonmeritorious factors such as age, genetic information, sexual orientation, marital status, political affiliation, and status as a parent.
* * * * *
351.53 Policies
[Revise the text of 351.53 to read as follows:]
The following promotion policies apply:
a. First consideration is given to qualified employees within the Postal Service. The area of consideration is broad enough to provide a supply of well qualified candidates for promotion. The selecting official is provided an adequate number of well qualified candidates from which to choose, but should not be burdened with a lengthy list of candidates to consider.
b. Consideration is expanded to postal employees outside the minimum area of consideration when appropriate and necessary to ensure that an adequate number of qualified candidates are available for promotion consideration.
c. Required files are maintained; adequate procedures are developed for periodic review of promotion actions; and appropriate corrective action is taken if procedural, regulatory violations, or other deficiencies are found.
d. Employees selected for promotion are released from their current positions without undue delay. This is normally not later than 2 to 4 weeks after selection or in conformance with the provisions of any applicable labor agreement.
e. Information is made available to employees, upon request, about:
(1) Promotion program requirements and procedures and the promotion programs affecting them;
(2) Promotion opportunities available to them;
(3) Their eligibility in specific promotion actions; and
(4) The identity of the person selected.
f. Restrictions on the promotion (or recommendation for promotion) of immediate relatives are explained in Handbook EL-312, 513.3, Relatives.
* * * * *
351.55 Temporary Promotions
[Revise the text of 351.55 to read as follows:]
See Handbook EL-312, 716.2, Temporary Promotion, for conditions when temporary promotions are appropriate.
* * * * *
352 Selection for Bargaining Positions
[Revise the text of 352 to read as follows:]
Procedures and requirements for filling bargaining positions are found in the following publications:
a. The appropriate collective bargaining agreement contains governing policies and procedures affecting bidding, assignments, reassignments, higher grade assignments, and promotions.
b. Handbook EL-312, 72, Bargaining Positions, contains detailed procedures and administrative requirements.
c. Position descriptions online (http://hrishq.usps.gov/jdonline) on the Postal Service Intranet contain qualification standards for bargaining positions.
* * * * *
353.1 Promotion
[Revise the text of 353.1 to read as follows:]
A promotion is the permanent assignment, with or without relocation, of an employee:
a. To a position having a higher grade than the position to which the employee is currently assigned, or
b. To a position with a higher equivalent grade.
In addition to the general promotion policies in 351.3, specific policies and procedures govern promotion to various nonbargaining positions. Selection procedures for Postal Career Executive Service (PCES) employees are described in 380 of this manual, and for other nonbargaining positions, in Handbook EL-312, 74, Nonbargaining Positions or 75, Supervisor Selection Process.
353.2 Reassignment
[Revise the text of 353.2 to read as follows:]
A reassignment is the permanent assignment, with or without relocation, of an employee:
a. To another position with the same grade, or
b. To a position with an equivalent grade.
353.21 Management Option
[Revise the text of 353.21 to read as follows:]
Authorized management officials may reassign nonbargaining employees without following regular competitive procedures (see Handbook EL-312, section 743.11).
353.22 Employee Self Nomination
[Revise the text of 353.22 to read as follows:]
Employees who desire noncompetitive reassignment may nominate themselves by making a written request to the selecting official.
353.23 Unassigned Employees
[Revise the text of 353.23 to read as follows:]
Unassigned nonbargaining employees (i.e., employees whose positions have been abolished) are reassigned in accordance with 354.
* * * * *
360 Other Personnel Actions
361 General Considerations
[Revise the text of 361 to read as follows:]
It is the policy of the Postal Service to prohibit discrimination and harassment in personnel decisions on the basis of (a) race, color, religion, sex (including gender identity and gender stereotypes), national origin, age, and disability, or (b) other factors such as genetic information, sexual orientation, marital status, political affiliation, status as a parent, and past, present, or future military service. Career advancement is based solely on merit, applicable experience, and knowledge, skills, and abilities.
* * * * *
362.21 At Request of Employee
[Revise the second sentence of 362.21 to read as follows:]
***Employees’ written requests become a part of their official personnel folders.***
* * * * *
362.23 Relegation of a Post Office
[Revise the second sentence of 362.23 to read as follows:]
***See 650 for nonbargaining employees.***
362.24 Realignments
[Revise the third sentence of 362.24 to read as follows:]
***In realignments involving a RIF, 354.2 and 354.3 govern voluntary changes to a lower grade for nonbargaining employees.***
* * * * *
363.2 Competitive and Noncompetitive Authority
[Revise the first sentence of 363.2 to read as follows:]
A conversion to career status based on a competitive authority occurs when a selection is made from a Hiring List and the Hiring List documents the selection.***
363.3 Restrictions on Conversion to Career Appointment
363.31 Vacancies
[Revise the second sentence of 363.31 to read as follows:]
***Conversion is not possible to a temporary vacancy (for example, due to another employee’s absence on active military duty).
363.32 Positions Restricted to Veterans
[Revise the first sentence of 363.32 to read as follows:]
Except as required by a collective bargaining agreement, an employee who is not entitled to veterans’ preference may not be converted to career status in a position restricted to veterans unless preference eligibles are unavailable.***
364 Changes in Duty Status
[Revise item 364(d) to read as follows:]
d. ***Return to Duty — A return to active duty and pay status from LWOP in excess of 30 days. This includes a return to duty from active military service (refer to EL-312 773 for additional requirements on return to duty from 30 days or more of active duty military service). In the remarks section of the personnel action, Human Resources indicates the authority and reason for effecting the change in duty status.
* * * * *
365.14 Notice to Federal Employee About Unemployment Insurance
[Revise the text of 365.14 to read as follows:]
See 550.
* * * * *
[Add new item 365.214 and renumber current 365.214 as 365.215 to read as follows:]
365.214 To Perform Military Service
If a career or non-career employee seeks to resign postal employment to perform military service and does not intend to return to the Postal Service, he or she must be notified of the effect this will have on his or her restoration rights and benefits. Therefore, only Human Resources can accept and authorize processing of a resignation for military service (see EL-312 772.3).
365.215 Notice and Acceptance
[Revise item 365.215(c) to read as follows:]
c. Reason for Resignation. The reason for a resignation should be clearly stated in either a written or oral resignation. If the employee fails to give a reason for resignation, the supervisor enters the reason she or he believes the employee resigned. See 365.214 when the reason for resignation is to perform military service.
365.22 Separation-Transfer
365.221 Definition
[Revise the text of 365.221 to read as follows:]
Separation-transfer is an action by which career employees are taken off the rolls of a postal installation to permit their appointments to positions in other federal agencies without a break in service.
Contact Human Resources before processing a separation-transfer for an employee on military service. If the employee does not return to duty with the Postal Service, he or she has not been reemployed and is not eligible for transfer.
* * * * *
365.23 Separation, Retirement
[Revise the text of 365.23 to read as follows:]
See 550 and 580.
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[Revise the title and text of 365.33 to read as follows:]
365.33 Termination or Separation of Non-Career Employees
An employee serving under a temporary appointment may be separated at any time after notice in writing. In determining the proper action for a particular case, the following criteria are used:
a. Termination, expiration of appointment, is the term used to separate an employee who has reached the end of his or her term or whose services are no longer required.
b. Separation is the term used when describing the discontinuance of the service of a non-career employee because of unsatisfactory performance that warrants termination from the Postal Service.
365.34 Separation-Disability
365.341 Definition
[Revise the text of 365.341 to read as follows:]
Separation-disability is a term used to indicate the separation of an employee other than a non-career or a probationary employee whose medical condition renders the employee unable to perform the duties of the position and who is ineligible for disability retirement.
365.342 Applicability
[Add new item 365.342(b), then revise and renumber the remaining text of 365.342 to read as follows:]
b. ***An employee covered under USERRA who is hospitalized or convalescing due to a service-connected disability is required to return to work once recovered. The recovery period may not exceed 2 years (see EL-312 773(d)). Before any employee covered under USERRA can be separated for disability, the requesting postal official must submit a comprehensive report through the proper 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.
c. If an employee on the rolls of the Office of Workers’ Compensation Programs (OWCP) is unable to return to work at the end of the initial 1-year period of 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. If it does not appear likely that the employee will be able to return to work during the period, the employee, upon approval of the manager of Human Resources (Area), is separated subject to reemployment rights.
d. Before any employee on the rolls of the 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.
e. If the manager of Human Resources (Area) approves the request, and if the employee has sufficient service for entitlement to retirement, the employee is not separated until given an opportunity to retire. For involuntary separation, the notice and appeal procedures outlined in 650 or the applicable collective bargaining agreement, whichever is appropriate, is followed.
f. An employee who is eligible for disability retirement but chooses not to apply is not separated for disability until a complete medical report has been received and the employee has received retirement counseling.
g. An employee who is eligible for disability retirement is not separated for mental disability. Rather, the appointing official files an application for disability retirement on the employee’s behalf provided the requirements are met (see 568 and 588).
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[Add new section 365.37 with items 365.371, and 365.372 to read as follows:]
365.37 Separation — Ineligibility for Reemployment Under USERRA
365.371 Definition
Separation due to ineligibility for reemployment under USERRA is an action involuntarily separating an employee denied reemployment following military service. This is an administrative action, not a disciplinary action, in compliance with USERRA (see EL-312 774(b)).
365.372 Effective Date
The effective date is the date designated by the official making the decision.
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We will incorporate these revisions into the next printed version of the ELM and into the next online updates, which are available on the Postal Service PolicyNet website:
n Go to http://blue.usps.gov.
n Under “Essential Links” in the left-hand column, click PolicyNet.
n Click Manuals.
The direct URL for the Postal Service PolicyNet website is http://blue.usps.gov/cpim.
— Human Resources (HQ),
Employee Resource Management, 4-17-14
