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By: FEDweek StaffIn a case that reinforces the reinstatement rights of federal employees who serve on active military duty, the Postal Service has been ordered to rehire an employee who had been away from the job for more than 14 years.
An MSPB hearing officer issued that order after the Office of Special Counsel intervened on the employee’s behalf, arguing that regardless of the length of the absence, he met the standards for reinstatement under the Uniformed Services Employment and Reemployment Rights Act.
The OSC recounted that the employee was mobilized by his state’s Air National Guard just after the 2011 terrorist attacks and served on active duty almost continuously until late 2015. During that time he “regularly provided copies of his orders to USPS, maintained his employment benefits, and expressed his desire to return to his postal job once his service ended,” it said.
However, the USPS refused to rehire him, saying he had “abandoned” his federal employment. The employee then filed a complaint with the Labor Department, which found a violation of the law. When USPS still refused to reinstate him, Labor referred the case to the OSC for prosecution before the MPSB, where a hearing officer ordered him reinstated retroactive to January 2016 with back pay and benefits.
