Why Is the Postal Worker Being Removed From Service?

While a compromise position on certain issues in the U.S. Postal Service Disability Retirement for FERS & CSRS may be the best that one may hope for, obviously, clarity over question is the better course to have.  Thus, for instance, in a removal action, where a Postal employee is being removed for his or her “excessive absences,” it is best to have the proposed removal and the decision of removal to reference one or more medical conditions, or at least some acknowledgment by the Postal Service, that would explicate — implicitly or otherwise — that the underlying basis for the “excessive absences” were as a result of the medical condition.  There are cases which clearly state that where excessive absences are referenced by medical conditions, the Bruner Presumption would apply in a Federal Disability Retirement case.

Now, in those cases where the removal action merely removes a Postal employee for “excessive absences”, there are other methods which may win over an Administrative Judge to apply the Bruner Presumption.  Such “other methods” may include emails or correspondence, at or near the time of the removal action, which appears to put the Agency on notice about specific medical conditions, including attachments of doctor’s reports, medical notations, etc.  Such concurrent documentation can convince an Administrative Judge that, indeed, the question as to whether the “excessive absences” were as a result of a medical condition, and whether management was aware of such an underlying basis, is clarified by documents which provide a proper context within the reasonable time-frame of the issuance of the proposal to remove and the decision to remove.  It is always better, of course, to have clarity over a question, but sometimes the question can be clarified with additional and concurrent documentation.

Sincerely,

Robert R. McGill, Esquire

5 thoughts on “Why Is the Postal Worker Being Removed From Service?

  1. I have a brother who is went out in 2008 Yes 2008 who was in the Postal Service due to having a stroke while on the job. He went into the ER and the paperwork from there and his job has fallen through. Figuring that he would be back to work before long, he then had to have an operation on his good leg and this set him back. He’s 53 and under the FERS system. He has no money coming in and just about out in the street. Is there anybody out there that can move the paperwork he does have or give him the information needed to retire on a disability? Please help me help him.

    S.Kent

  2. In the Federal government can you supervisor charge you with Lwop if you have leave on the books.and you are not abursing you sick leave.

  3. In the Federal government can you supervisor charge you with Lwop if you have leave on the books.and you are not abursing you sick leave.

    James,
    u’r supervisor can’t give u any leave at all without a ps form 3971. If you just don’t show up, it’s aWol. As for abusing sick leave…there’s no such thing James. Over 16 yrs. I asked every super I ever had to get me paperwork showing the regulation that stated abuse of sick leave…there isn’t such a reg out there. Sure, they site their only statement of “failure to maintain a work schedule” all the time. However, “mainting a work schedule” isn’t germain to using your “paid leave” benefits. You get that benefit statement every year and on it, it shows your total PAY PACKAGE which includes all paid leave. So, sick leave is part of your PAY James. The mgmt. knows this, however they will do all they can to get you to not use it. Just try to find out if there’s ever been anyone in the postal history that was really fired for using sick leave, and who tried to fight it….and lost and was fired for that reason alone. You won’t find it.

    File a grievance immediately (within 14 days of your noticing the infraction, and request a payroll adjustment to change u’r lwop to whatever leave it should have been. The payroll adjustment used to cost the postal service $75, now I think it’s $100. So they don’t like to do them and if they have to do them, they will not want to repeat that instance, knowing u’ll make em fix it. But u let it go James, and it’ll go on and on. It’s up to you, and all who get shafted in any way to make it right. g’luck

  4. A close friend has been diagnosed with liver cancer and requires chemotherapy and radiation therapy. The chemo has caused him to become sick missing several weeks from work. How much time could he be out before he qualifies for short term disability.

  5. Can some one please tell me how do you file for disability retirement? Do you have to keep working until it is approved or disapproved? What do you do if you are not able to? This is all new to me and I don’t have the first clue what to do who to talk to how to start. If you are off the clock are you fired if you filed Disability Retirement if you don’t have leave? Please help me.

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