CFR

330.204—Eligibility due to compensable injury.

(a) A competitive service employee in tenure group I or II who is separated (or who accepts a lower graded position in lieu of separation) because of a compensable injury of disability (as defined in part 353 of this chapter) who has fully recovered more than 1 year after compensation began is entitled to be placed on the RPL provided the individual applies within the timeframes addressed in § 330.202. Part 353 of this chapter contains information on eligibility.

(b) A former tenure group I employee is eligible for the RPL for 2 years, and a former tenure group II employee is eligible for 1 year, from the date the individual is entered on the RPL. An individual is taken off the RPL before the period of eligibility expires when the individual:

(1) Requests removal;

(2) Receives a career, career-conditional, or excepted appointment without time limit in any agency; or

(3) Declines an offer or fails to respond to an inquiry of availability about a specific position that is the same as or equivalent to the position from which separated.

Code of Federal Regulations

[53 FR 45067, Nov. 8, 1988, as amended at 60 FR 3059, Jan. 13, 1995]

Code of Federal Regulations

Effective Date Note: At 75 FR 67593, Nov. 3, 2010, part 330 was revised, effective Mar. 3, 2011. For the convenience of the user, the revised text is set forth as follows: PART 330—RECRUITMENT, SELECTION, AND PLACEMENT (GENERAL) § 330.204 Agency requirements and responsibilities. (a) An agency must establish policies and maintain an RPL for each local commuting area in which the agency has RPL eligibles. (b) An agency must give each RPL eligible information about its RPL program, including Merit Systems Protection Board appeal rights under § 330.214 , when: (1) The agency issues a RIF separation notice or a Certification of Expected Separation under part 351 of this chapter ; or (2) The employee accepts a position at a lower grade or pay level or is separated from the agency because of a compensable work-related injury. (c) An agency must register an RPL eligible on the appropriate RPL no later than 10 calendar days after receiving the eligible's written application. (d) Agencies must include in their RPL policies established under this subpart how they will assist RPL eligibles who: Pt. 330, Nt. (1) Request an RPL application; (2) Request help in completing the RPL application; and (3) Request help in identifying and listing on the RPL application those positions within the agency for which they are qualified and interested. (e) An agency must give RPL registrants placement priority for personnel actions as described in § 330.210 . (f) An agency must not remove an individual from the RPL under § 330.209(a)(1), (b)(1), or (b)(2) without evidence (such as a Postal Service return receipt signed by addressee only) showing that the offer, inquiry, or scheduled interview was made in writing. The written offer, inquiry, or scheduled interview must clearly state that failure to respond will result in removal from the RPL for positions at that grade or pay level and for positions at lower grades and pay levels for which registered. Pt. 330, Nt.

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