[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR353.108]

[Page 282]
 
                    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. 353.108  Effect of performance and conduct on restoration rights.

    The laws covered by this part do not permit an agency to circumvent 
the protections afforded by other laws to employees who face the 
involuntary loss of their positions. Thus, an employee may not be denied 
restoration rights because of poor performance or conduct that occurred 
prior to the employee's departure for compensable injury or uniformed 
service. However, separation for cause that is substantially unrelated 
to the injury or to the performance of uniformed service negates 
restoration rights. Additionally, if during the period of injury or 
uniformed service the employee's conduct is such that it would 
disqualify him or her for employment under OPM or agency regulations, 
restoration rights may be denied.