MSPB: When to appeal a denial of restoration rights after period of disability.
Many federal employees find it necessary to enter a period of leave without pay (LWOP) to recover from a partial or total temporary disability. But what happens after the employee has fully recovered from that temporary disability?
Employees who have fully recovered from disability and can perform the duties of their prior position may have what are called “restoration rights”. That is, a federal employee has an absolute right of restoration to a former (or equivalent) position if that employee totally recovers from a temporary disability within 1 year of the injury. If the recovery takes longer than a year, the employee can get “priority consideration” in applying for a former position (or its equivalent).
The employing Agency must restore a federal employee who recovers within one year after beginning compensation. The Agency will need to verify that the employee received worker’s compensation payments during the absence, and the period that the compensation was paid, so that th employee may receive any rights or benefits that accrue based on length of government service.
If the employee has been terminated, and wishes to reclaim his or her job, they should contact the hiring Agency first, and then if that fails, OWCP will assist the employee in getting their old position back.
If the employee and OWCP are unsuccessful, then the federal employee may have an appeal right to the Merit Systems Protection Board (MSPB).
No post on this website is legal advice, is meant to be legal advice, and certainly does not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the federal employee, with some power. This information is not widely or easily accessible to Federal Employees.
It is best to consult with a attorney familiar with Merit Systems Protection Board (MSPB) appeals to discuss the facts and law of your particular case. If you feel you have been denied your restoration rights, contact an MSPB lawyer at the Attig Law Firm, PLLC, to schedule a telephone consultation.
