[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR353.102]

[Page 278-279]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 353--RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE INJURY--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 353.102  Definitions.

    In this part:
    Agency means.
    (1) With respect to restoration following a compensable injury, any 
department, independent establishment, agency, or corporation in the 
executive branch, including the U.S. Postal Service and the Postal Rate 
Commission, and any agency in the legislative or judicial branch; and
    (2) With respect to uniformed service, an executive agency as 
defined in 5 U.S.C. 105 (other than an intelligence agency referred to 
in 5 U.S.C. 2302(a)(2)(C)(ii), including the U.S. Postal Service and 
Postal Rate Commission, a nonappropriated fund instrumentality of the 
United States, or a military department as defined in 5 U.S.C. 102. In 
the case of a National Guard technician employed under 32 U.S.C. 709, 
the employing agency is the adjutant general of the State in which the 
technician is employed.
    Fully recovered means compensation payments have been terminated on 
the basis that the employee is able to perform all the duties of the 
position he or she left or an equivalent one.
    Injury means a compensable injury sustained under the provisions of 
5 U.S.C. chapter 81, subchapter 1, and includes, in addition to 
accidental injury, a disease proximately caused by the employment.
    Leave of absence means military leave, annual leave, without pay 
(LWOP), furlough, continuation of pay, or any combination of these.
    Military leave means paid leave provided to Reservists and members 
of the National Guard under 5 U.S.C. 6323.
    Notice means any written or verbal notification of an obligation or 
intention to perform service in the uniformed services provided to an 
agency by the employee performing the service or by the uniformed 
service in which the service is to be performed.
    Partially recovered means an injured employee, though not ready to 
resume the full range of his or her regular duties, has recovered 
sufficiently to return to part-time or light duty or to another position 
with less demanding physical requirements. Ordinarily, it is expected 
that a partially recovered employee will fully recover eventually.
    Physically disqualified means that:
    (1)(i) For medical reasons the employee is unable to perform the 
duties of the position formerly held or an equivalent one, or
    (ii) There is a medical reason to restrict the individual from some 
or all essential duties because of possible incapacitation (for example, 
a seizure) or because of risk of health impairment (such as further 
exposure to a toxic substance for an individual who has already shown 
the effects of such exposure).
    (2) The condition is considered permanent with little likelihood for 
improvement or recovery.
    Reasonable efforts in the case of actions required by an agency for 
a person returning from uniformed service means actions, including 
training, that do not place an undue hardship on the agency.
    Service in the uniformed services means the performance of duty on a 
voluntary or involuntary basis in a uniformed service under competent 
authority and includes active duty, active duty for training, initial 
active duty for training, inactive duty training, full-time National 
Guard duty, and a period for which a person is absent from employment 
for the purpose of examination to determine fitness to perform such 
duty.
    Status means the particular attributes of a specific position. This 
includes the rank or responsibility of the position, its duties, working 
conditions, pay, tenure, and seniority.

[[Page 279]]

    Undue hardship means actions taken by an agency requiring 
significant difficulty or expense, when considered in light of--
    (1) The nature and cost of actions needed under this part;
    (2) The overall financial resources of the facility involved in 
taking the action; the number of persons employed at the facility; the 
effect on expenses and resources, or the impact otherwise of the action 
on the operation of the facility; and
    (3) The overall size of the agency with respect to the number of 
employees, the number, type, and location of its facilities and type of 
operations, including composition, structure, and functions of the work 
force.
    Uniformed services means the Armed Forces, the Army National Guard 
and the Air National Guard when engaged in active duty for training, 
inactive duty training, or full-time National Guard duty, the 
Commissioned Corps of the Public Health Service, and any other category 
of persons designated by the President in time of war or emergency.