ELM Revision: Definition of Separation Due to Ineligibility for Reemployment under Uniformed Services Employment and Reemployment Rights Act

Effective September 30, 2022, the Postal Service™ will revise the Employee and Labor Relations Manual (ELM), section 365.371, to clarify the definition of a separation action for a Postal Service employee when the separation is due to ineligibility for reemployment under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Although the Postal Service will not publish this revision in the ELM until September 30, 2022, the standards are effective immediately.

Employee and Labor Relations Manual (ELM)

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3 Employment and Placement

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360 Other Personnel Actions

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365 Separation

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365.3 Separations — Involuntary

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[Revise the title of 365.37 to read as follows:]

365.37 Separation — Ineligibility for Reemployment under USERRA

365.371 Definition

[Revise the text of 365.371 to read as follows:

Separation due to ineligibility for reemployment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This action occurs when the Postal Service determines that an employee who is performing or has been released from uniformed (military) service does not have reemployment rights under USERRA. This action is taken after the employee:

a. Is denied reemployment; or

b. If still performing military duty, informed that he or she does not have reemployment rights under USERRA.

After being notified, the employee is separated from Postal Service rolls administratively. This is not an adverse or disciplinary action and does not bar future federal employment. The employee may apply for reinstatement under Handbook EL-312, section 233.33, if eligible. (See Handbook EL-312, section 771.1.)

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The Postal Service will incorporate these revisions into the September 30, 2022, edition of the online ELM, which is available on the PolicyNet website:

n Go to blue.usps.gov.

n In the left-hand column, click Essential Links, and then click PolicyNet.

n Go to the right-hand side under “Published Forms and Directives.”

n Click Manuals.

The direct URL for the Postal Service PolicyNet website is blue.usps.gov/cpim.