5 CFR 353.108
§ 353.108 Effect of performance and conduct on restoration rights.
United States · 5 CFR — Administrative Personnel · Status: effective
Cite this
- Citation
- 5 CFR 353.108, § 353.108 Effect of performance and conduct on restoration rights, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/6201
- Permanent ID
ys:prov:6201@1- SHA-256
77ad7bf740d9de4d370920511acbbe2bed23970670e978794bfec54e5889ab7b
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.