[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR353.207]

[Page 283-284]
 
                    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 B--Uniformed Service
 
Sec. 353.207  Position to which restored.

    (a) Timing. An employee returning from the uniformed services 
following an absence of more than 30 days is entitled to be restored as 
soon as possible after making application, but in no event later than 30 
days after receipt of the application by the agency.
    (b) Nondisabled. If the employee's uniformed service was for less 
than 91 days, he or she must be employed in the position for which 
qualified that he or she would have attained if continuously employed. 
If not qualified for this position after reasonable efforts by the 
agency to qualify the employee, he or she is entitled to be placed in 
the position he or she left. For service of 91 days or more, the agency 
has the option of placing the employee in a position of like seniority, 
status, and pay. (Note: Upon reemployment, a term employee completes the 
unexpired portion of his or her original appointment.) If unqualified 
(for any reason other than disability incurred in or aggravated during 
service in the uniformed services) after reasonable efforts by the 
agency to qualify the employee for such position or the position the 
employee left, he or she must be restored to any other position of 
lesser status and pay for which qualified, with full seniority.
    (c) Disabled. An employee with a disability incurred in or 
aggravated during uniformed service and who, after reasonable efforts by 
the agency to accommodate the disability, is entitled to be placed in 
another position for which qualified that will provide the employee with 
the same seniority, status, and pay, or the nearest approximation 
consistent with the circumstances in each case. The agency is not 
required to reemploy a disabled employee

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if, after making due efforts to accommodate the disability, such 
reemployment would impose an undue hardship on the agency.
    (d) Two or more persons entitled to restoration in the same 
position. If two or more persons are entitled to restoration in the same 
position, the one who left the position first has the prior right to 
restoration in that position. The other employee(s) is entitled to be 
placed in a position as described in paragraphs (b) and (c) of this 
section.
    (e) Relationship to an entitlement based on veterans' preference. An 
employee's right to restoration under this part does not entitle the 
person to retention, preference, or displacement rights over any person 
with a superior claim based on veterans' preference.