[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: 5CFR353.110]

[Page 280-281]
 
                    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. 353.110  OPM placement assistance.

    (a) Employee returning from uniformed service. (1) OPM will offer 
placement in the executive branch to the following categories of 
employees upon notification by the agency and application by the 
employee: (Such notification should be sent to the Associate Director 
for Employment, OPM, 1900 E Street, NW., Washington, DC 20415.)
    (i) Executive branch employees (other than an employee of an 
intelligence agency) when OPM determines that:
    (A) their agencies no longer exist and the functions have not been 
transferred, or;
    (B) it is otherwise impossible or unreasonable for their former 
agencies to place them;
    (ii) Legislative and judicial branch employees when their employers 
determine that it is impossible or unreasonable to reemploy them;
    (iii) National Guard technicians when the Adjutant General of a 
State determines that it is impossible or unreasonable to reemploy a 
technician otherwise eligible for restoration under 38 U.S.C. 4304 and 
4312 (pertaining to character and length of service), and the technician 
is a noncareer military member who was separated invountarily from the 
Guard for reasons beyond his or her control; and

[[Page 281]]

    (iv) Employees of the intelligence agencies (defined in 5 U.S.C. 
2302(a)(2)(C)(ii)) when their agencies determine that it is impossible 
or unreasonable to reemploy them.
    (2) OPM will determine if a vacant position equivalent (in terms of 
pay, grade, and status) to the one the individual left exists, for which 
the individual is qualified, in the commuting area in which he or she 
was employed immediately before entering the uniformed services. If such 
a vacancy exists, OPM will order the agency to place the individual. If 
no such position is available, the individual may elect to be placed in 
a lesser position in the commuting area, or OPM will attempt to place 
the individual in an equivalent position in another geographic location 
determined by OPM. If the individual declines an offer of equivalent 
employment, he or she has no further restoration rights.
    (b) Employee returning from compensable injury. OPM will provide 
placement assistance to an employee with restoration rights in the 
executive, legislative, or judicial branches who cannot be placed in his 
or her former agency and who either has competitive status or is 
eligible to acquire it under 5 U.S.C. 3304(C). If the employee's agency 
is abolished and its functions are not transferred, or it is not 
possible for the employee to be restored in his or her former agency, 
the employee is eligible for placement assistance under the Interagency 
Career Transition Assistance Plan (ICTAP) under part 330, subpart G, of 
this chapter. This paragraph does not apply to an employee serving under 
a temporary appointment pending establishment of a register (TAPER).

[60 FR 45652, Sept. 1, 1995, as amended at 64 FR 31487, June 11, 1999; 
66 FR 29897, June 4, 2001]