Handbook EL-312 Revision: Employment Eligibility and Suitability

Effective August 20, 2015, the Postal Service^™ is revising Handbook EL-312, Employment and Placement, section 513.4 and parts 515 and 518 as follows:

n Section 513.4, Selective Service System Registration Requirements, is revised to expand the policy for Selective Service Registration and has been moved to part 515.

n Part 515, Drug Abuse History, is revised and has been moved to part 518, Illegal Drug Use and Drug Screening.

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Handbook EL-312, Employment and Placement

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5 Suitability

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51 Employment Eligibility and Suitability

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513 Eligibility Requirements

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513.4 Selective Service System Registration Requirements

[Delete current 513.4 in its entirety and renumber current 513.5 to new 513.4.]

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[Revise all the text of part 515 to read as follows:]

515 Selective Service System Registration Requirement

515.1 Definitions

a. Selective Service law as used in this section means:

(1) Sections 3, 6, and 16 of the Military Selective Service Act, as amended (50 U.S.C. §§ 453, 456, and 466);

(2) Certain Selective Service regulations (32 C.F.R. parts 1602, 1615, and 1621) and rules; and

(3) Presidential Proclamation 4771 (July 2, 1980) and certain other presidential proclamations.

b. Residing in the United States as used in this section means residing in the 50 states and the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or Guam.

c. Preponderance of the evidence means the degree of relevant evidence that a reasonable person, considering the record as a whole, would accept as sufficient to support a conclusion that the matter asserted is more likely to be true than not.

515.2 Eligibility Requirements

515.21 Selective Service Registration Legal Requirements

515.211 People Required to Register

Under Selective Service law, the following people are required to register for the Selective Service on or before the 30th day after their 18th birthday:

a. Most male U.S. citizens who are born after December 31, 1959, regardless of where they reside; and

b. Most male non-U.S. citizens who are born after December 31, 1959, and reside in the United States, including:

(1) Lawful permanent resident aliens; and

(2) Citizens of American Samoa who are habitual residents within the United States. Habitual residence is presumed whenever the person resides in the United States for more than one year in any status, except as a student or employee of the government of his homeland.

c. Additionally, most male non-U.S. citizens who are born after December 31, 1959, and become a resident in the United States after reaching the age of 18 must register with the Selective Service on or before the 30th day after they become a resident.

The Selective Service publicizes the registration requirement to males born after December 31, 1959, in various ways.

515.212 People Not Required to Register

The following people are not required to register with the Selective Service:

a. Women. Women are never required to register with the Selective Service.

b. Men born on or before December 31, 1959. Men born on or before December 31, 1959, are not required to register with the Selective Service, regardless of their citizenship or residency.

c. Men on active duty military. A man born after December 31, 1959, is not required to register while he is on full-time active duty in the armed forces. However, he is required to register with the Selective Service on or before the 30th day after his release from full-time active duty, unless:

(1) He is already registered;

(2) He qualifies for an exemption under Selective Service law for the entire period between ages 18 and 25; or

(3) He is age 26 or older (Selective Service law does not allow men to register after they turn 26).

If an applicant certifies during the hiring process that he has not registered because he is on full-time active duty with the armed forces, the hiring official should proceed as stated in 515.5.

d. Men under the age of 18. A man is not required to register with the Selective Service before turning 18 years old. Under Postal Service hiring policy, an individual who is younger than 18 may be eligible for employment if certain conditions are met (see 513.2). If an applicant certifies during the hiring process that he is younger than 18, the hiring official should process his application as stated in 515.4.

e. Persons exempt from registration (see 515.213).

515.213 Exemptions from Registration

A man is not required to register with the Selective Service if he is covered by one or more of the exemptions referred to in the Selective Service law. Descriptions of these exemptions can be found on the Selective Service’s website, www.sss.gov.

515.214 How to Register

The Selective Service provides a registration number to each man who registers. Men may register using one of the following methods:

a. Online registration. Men may register on the Selective Service’s website, www.sss.gov. If a man registers online, the Selective Service immediately provides him with a registration number. It also mails him an acknowledgment card showing his registration number, which should arrive within two weeks.

b. Mail registration. Men may register by mailing a completed registration form to the Selective Service. If a man completes and mails this form, the Selective Service mails to him an acknowledgment card showing his registration number, which should arrive within 30 to 90 days. Registration forms are available in U.S. Post Offices.

515.215 Late Registration Permitted Until 26th Birthday

Even if a man born after December 31, 1959, fails to register with the Selective Service by the required date, the Selective Service will allow him to register until he turns 26. Once he turns 26, he cannot register with the Selective Service.

515.22 Postal Service Employment Eligibility Requirements

To be eligible for Postal Service employment, a male born after December 31, 1959, must either be:

a. Registered with the Selective Service;

b. Unregistered and over the age of 26, if the hiring official determines that his failure to register was neither knowing nor willful (see 515.323); or

c. Covered by an exemption to the registration requirement referred to in the Selective Service law (see 515.213).

515.3 Determination of Eligibility

515.31 Information Provided by Applicants

515.311 Required Information Regarding Selective Service Registration

During the application process, each applicant is asked the following:

1. Whether the applicant is a male born after December 31, 1959.

2. If the answer to question 1 is “yes,” the applicant is asked whether he is registered with the Selective Service.

3. If the answer to question 2 is “yes,” the applicant is required to provide his Selective Service registration number.

4. If the answer to question 2 is “no,” the applicant is required to state why he meets legal exemption to Selective Service registration.

Note: An applicant may state that he has received a letter from the Selective Service stating that he was not required to register. A male born after December 31, 1959, who is age 26 or over and is not registered with the Selective Service can request a status-information letter from the Selective Service stating whether he was or was not required to register.

515.312 Applicants Certify Information Provided

The applicant is required to certify the truthfulness and completeness of all information he provides during the application process. If the applicant provides false information during this process, he is punishable by fine and imprisonment (18 U.S.C. § 1001). In addition, any false statements, whether or not made knowingly or willfully during the application process, may result in the loss of employment or consideration for employment with the Postal Service.

515.32 Applicants Who Do Not Certify Their Selective Service Registration

515.321 Hiring Official Determines If Applicant Qualifies for Exemption

If a male applicant born after December 31, 1959, does not certify during the application process that he is registered with the Selective Service, the hiring official will review the applicant’s statement and any other relevant information the applicant provides to determine whether he has established that he meets the requirements for exemption as referred to in the Selective Service law.

515.322 Applicants on Terminal or Transitional Leave

An applicant may indicate during the application process that he is currently on terminal or transitional leave from full-time active duty in the armed forces. Such an applicant may be considered for employment with the Postal Service (see 233.342 and 234.232).

If an applicant who is on terminal or transitional leave from full-time active duty in the armed forces certifies that he is not registered with the Selective Service and is exempt from registration because of full-time active duty in the armed forces, the hiring official should proceed as stated in 515.4.

515.323 Applicants Who Do Not Establish Legal Exemption

a. Notice to Applicant. If the hiring official determines that the applicant has failed to establish that he meets the requirements for exemption from Selective Service registration, the hiring official promptly notifies the applicant. A sample notice can be found in Exhibit 515.323.

b. Request for Reconsideration – Applicants Age 26 or Over:

(1) Applicants over age 26 may request reconsideration. Applicants over the age of 26 may submit a written request for reconsideration of the hiring official’s negative eligibility determination based on the registration requirement.

(2) Applicants bear the burden of proof. The applicant bears the burden of proof by a preponderance of the evidence to show that his failure to register with the Selective Service was neither knowing nor willful.

(3) The hiring official decides whether the applicant has met his burden. If the applicant requests reconsideration, the hiring official — not the Selective Service or the Office of Personnel Management — decides whether the applicant has established that his failure to register was neither knowing nor willful.

(4) Information pertinent to whether failure to register was knowing or willful. The hiring official should consider all pertinent information the applicant submitted to show that his failure to register with the Selective Service was neither knowing nor willful. Such information may include, but is not limited to, the following:

i. Full-time active duty in the armed forces. See the following examples:

1. An applicant may provide a DD Form 214, Certificate of Release or Discharge From Active Duty, that shows he enlisted in the armed forces at age 17 upon graduating from high school and was released from full-time active duty before turning 26. This form, accompanied by a certified statement that the applicant was unaware or misinformed of the registration requirement, may establish that his failure to register was not knowing or willful.

2. An applicant may provide a DD Form 214 that shows he enlisted in the armed forces when he turned 19 and served on full-time active duty until being released after turning 26. Such a form may establish that the applicant did not intentionally avoid registering between the ages of 18 and 19.

ii. Mental illness, condition, or disability. An applicant may provide information that a mental illness, condition, or disability prevented him from knowing about the Selective Service registration requirement. Such information may establish that his failure to register was not knowing or willful.

515.4 Processing of Applicants under Age 18

515.41 Applicants under Age 18 May Continue in Hiring Process

If a male applicant born after December 31, 1959, certifies during the application process that he is exempt from Selective Service registration because he is under the age of 18 (see 515.212), then the applicant may continue in the hiring process but must meet the conditions described in 515.42.

515.42 Written Proof of Registration or Exemption

a. Applicants who will turn 18 before appointment effective date. An applicant who has been offered postal employment and who will turn 18 before the effective date of his appointment must, before that date, provide the hiring official with written proof of either (a) his registration with the Selective Service, or (b) his legal exemption from registration. If he fails to provide such proof, the hiring official will rescind the offer of employment.

b. Applicants who will turn 18 after appointment effective date. An applicant who will turn 18 after the effective date of his appointment must, upon turning 18, provide the hiring official with written proof of either (a) his registration with the Selective Service, or (b) a legal exemption. If he fails to provide such proof, his employment will be terminated.

515.43 Notice to Applicant

Before making an offer of employment to an applicant who is under age 18, the hiring official will provide the applicant with written notice of his obligation to provide written proof of his registration or exemption. A sample notice can be found in Exhibit 515.43.

515.5 Unregistered Applicants on Terminal or Transitional Leave during Full-Time Active Duty in the Armed Forces

515.51 Applicants on Terminal or Transitional Leave

If a male applicant born after December 31, 1959, certifies during the application process that he is exempt from Selective Service registration because he is on full-time active duty in the armed forces (see 515.212) the applicant may continue in the hiring process but must meet the conditions described in 515.52.

515.52 Written Proof of Registration or Exemption.

a. Applicants who are under the age of 26. The applicant must, before an offer of postal employment is extended, provide the hiring official with written proof of either (a) his registration with the Selective Service, or (b) a legal exemption to the registration requirement covering the entire period since he turned 18. If he fails to provide such proof, the hiring official will rescind the offer of employment.

b. Applicants who are over the age of 26. The applicant must, before the effective date of his appointment, provide the hiring official with written proof showing either (a) he was entitled to a legal exemption from registration for the entire period between the date he turned 18 and the date he turned 26, or (b) his failure to register was not knowing or willful.

515.53 Notice to Applicant

Before making an offer of employment to an applicant who is on terminal or transitional leave, the hiring official will provide him with written notice of his obligation to provide written proof of his registration or exemption. A sample notice can be found in Exhibit 515.5.

515.6 Verification of Selective Service Registration Status

As a quality control measure, Human Resources will verify the Selective Service registration status for a random number of applicants on the Selective Service’s website, www.sss.gov/regver/wfverification.aspx.

515.7 Objections-to-Eligibles Procedures Not Applicable

The objections-to-eligibles procedures (see 627) are not applicable to the disqualification from consideration for Postal Service employment of a male applicant born after December 31, 1959, based on his failure to meet the Selective Service registration requirement.

Exhibit 515.323 Notifying Applicant of Ineligibility Due to Failure to Establish Legal Exemption to Selective Service Registration

[__ Postal Service letterhead with postal installation and address__]

[__ date__]

To: [__ Applicant__]

[__ street address__]
[__ city, state, ZIP__]

Dear [__Mr. name__]:

After considering the information you provided, the Postal Service has determined that you are ineligible for employment because you have failed to either register with the Selective Service System or establish that you meet legal exemption to Selective Service System registration.

1. If you are under the age of 26.

If you are under the age of 26, you will continue to be considered for the vacancy for which you have applied if you immediately register with the Selective Service System and submit to me written proof of such registration so that I receive it on or before the 10th calendar day from the date of my message.

The written proof must be in the form of a written statement that you sign and date in ink and which states as follows:

“I certify under penalty of criminal perjury (fine and/or imprisonment, 18 U.S.C. Section 1001) and/or loss of employment consideration/employment with the Postal Service that I have registered with the Selective Service System. I have received a registration number from the Selective Service System. That registration number is ____________. I am aware that my registration status is subject to verification with the Selective Service System.”

You can register with the Selective Service System at its website at www.sss.gov, or by mailing a completed registration form to the Selective Service System (registration forms are available at U.S. Post Offices).

If you fail to take the actions described above, you will not be considered further for the vacancy for which you have applied. In that event, you may apply for future vacancies after registering with the Selective Service System or providing written proof establishing that you meet legal exemption to Selective Service System registration.

2. If you are age 26 or over.

If you are age 26 or over, you can no longer register with the Selective Service System. However, you can request that the Postal Service reconsider your employment ineligibility determination on the basis that your failure to register with the Selective Service System was neither knowing nor willful. You can request such reconsideration by submitting to me all of the following information:

a. A written request for reconsideration.

b. A written statement fully explaining why your failure to register was neither knowing nor willful that you sign and date in ink and which states as follows:

c. All supporting documentation (e.g., DD Form 214).

You must submit the above information so that I receive it on or before the 10th calendar day from the date of my message.

You will not be considered further for the vacancy for which you have applied if:

a. You fail to take the actions described above; or

b. The Postal Service determines after considering the information you provide that you have failed to establish that your failure to register with the Selective Service System was neither knowing nor willful.

Sincerely,

[__ signature__]

Manager, Human Resources

[__ district__]

Exhibit 515.43 Notifying Applicant Under Age 18 of Duty to Provide Proof of Registration or Legal Exemption to Selective Service

[__ Postal Service letterhead with postal installation and address__]

[__ date__]

To: [__ Applicant__]

[__ street address__]
[__ city, state, ZIP__]

Dear [__Mr. name__]:

1. If you have reached the age of 18 or will do so prior to the scheduled effective date of your appointment.

If you have reached the age of 18 or will do so prior to the scheduled effective date of your appointment, you must submit to me prior to that effective date written proof of either your registration with the Selective Service System or legal exemption to registration. If you fail to take such action, your selection will be rescinded.

2. If you will not reach the age of 18 until on or after the scheduled effective date of your appointment.

If you will not reach the age of 18 until on or after the scheduled effective date of your appointment, you must upon reaching the age of 18 submit to me written proof either of your registration with the Selective Service System or legal exemption to registration. If you fail to take such action, your employment will be terminated.

3. Written proof of registration with the Selective Service System.

Written proof of registration with the Selective Service System must be in the form of a written statement that you sign and date in ink and which states as follows:

You can register with the Selective Service System online at its website at www.sss.gov, or by mailing a completed registration form to the Selective Service System (registration forms are available at U.S. Post Offices).

4. Written proof of legal exemption to Selective Service System registration.

Written proof of legal exemption to Selective Service System registration must be in the form of a written statement fully explaining the basis of legal exemption that you sign and date in ink and which states as follows:

In addition, you must submit to me all supporting documentation, including but not limited to, any status information letter you have received from the Selective Service System stating whether you were or were not required to register.

If the Postal Service determines after considering the information you provide that you have failed to establish that you meet legal exemption to Selective Service System registration, your selection will be rescinded or your employment will be terminated, as applicable.

Sincerely,

[__ signature__]

Manager, Human Resources

[__ district__]

Exhibit 515.5 Notification to Applicant Not Registered With Selective Service Due to Full-Time Active Duty in the Armed Forces

[__ Postal Service letterhead with postal installation and address__]

[__ date__]

To: [__ Applicant__]

[__ street address__]
[__ city, state, ZIP__]

Dear [__Mr. name__]:

1. If you are under the age of 26.

a. If you are under the age of 26, you must submit to me prior to the scheduled effective date of your appointment written proof of either your registration with the Selective Service System, or legal exemption to registration covering the entire period since you reached age 18. If you fail to take such action, your selection will be rescinded.

b. Written proof of registration with the Selective Service System must be in the form of a written statement that you sign and date in ink and which states as follows:

c. Written proof of legal exemption to Selective Service System registration covering the entire period since you reached age 18 must be in the form of a written statement fully explaining the basis of legal exemption that you sign and date in ink and which states as follows:

Your selection will be rescinded if the Postal Service determines after considering the information you provide that you have failed to establish that you meet legal exemption to Selective Service System registration covering the entire period since you reached age 18.

2. If you are age 26 or over.

a. If you are age 26 or over, you can no longer register with the Selective Service System. You must submit to me prior to the scheduled effective date of your appointment the following covering the entire period ages 18–25: written proof of legal exemption to registration and/or that your failure to register with the Selective Service System was neither knowing nor willful.

b. Written proof of legal exemption to Selective Service System registration must be in the form of a written statement fully explaining the basis of legal exemption that you sign and date in ink and which states as follows:

c. Written proof that your failure to register with the Selective Service System was neither knowing nor willful must be in the form of a written statement fully explaining why your failure to register was neither knowing nor willful that you sign and date in ink and which states as follows:

In addition, you must submit to me all supporting documentation.

d. Your selection will be rescinded if the Postal Service determines after considering the information you provide that you have failed to establish the following covering the entire period ages 18–25: that you meet legal exemption to Selective Service System registration and/or that your failure to register with the Selective Service System was neither knowing nor willful.

Sincerely,

[__ signature__]

Manager, Human Resources

[__ district__]