[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: 5CFR353.304]

[Page 285-286]
 
                    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 C--Compensable Injury
 
Sec. 353.304  Appeals to the Merit Systems Protection Board.

    (a) Except as provided in paragraphs (b) and (c) of this section, an 
injured employee or former employee of an

[[Page 286]]

agency in the executive branch (including the U.S. Postal Service and 
the Postal Rate Commission) may appeal to the MSPB an agency's failure 
to restore, improper restoration, or failure to return an employee 
following a leave of absence. All appeals must be submitted in 
accordance with MSPB's regulations.
    (b) An individual who fully recovers from a compensable injury more 
than 1 year after compensation begins may appeal to MSPB as provided for 
in parts 302 and 330 of this chapter for excepted and competitive 
service employees, respectively.
    (c) An individual who is partially recovered from a compensable 
injury may appeal to MSPB for a determination of whether the agency is 
acting arbitrarily and capriciously in denying restoration. Upon 
reemployment, a partially recovered employee may also appeal the 
agency's failure to credit time spent on compensation for purposes of 
rights and benefits based upon length of service.