temporary reassignment federal employee

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Federal Government Jobs

Helping job hunters find, apply for, and land government jobs, federal employee transfers, internal, hardship, and other transfers.

Internal Placement Transfers / Hardship Transfers / Transferring to Other Agencies

There are a number of programs available for active federal employees to request and obtain transfers to other locations or for reassignment to another organizational office at your current duty station. For those who want to relocate for personal reasons employees may request reassignment under the Internal Placement Program or apply for a hardship transfer.   Follow the procedures outlined below and discuss your desires with your supervisor and human resources staff. They can guide you through the process. There is no guarantee that the agency will be able to approve your request. Agencies have to evaluate their organizational needs prior to approving any transfer.  

Even if the agency can’t approve your request immediately, they may, as situations change, be able to accommodate your requests at a later date. Another option for relocation is to apply for open positions at the new location that are advertised under Merit Promotion Program (MPP) job announcements. For those who wish to improve their potential for future promotions and to expand their opportunities consider developing a comprehensive Individual Development Plan (IDP) . Target positions at the location you wish to relocate.

Employee Transfer Menu

• Internal Placement – Transferring to other jobs or locations within your organization
• Transfers – Transferring to other organizations
• Hardship Transfers – How to apply
• Details & Temporary Promotions
• Individual Development Plans (IDPs) – Career development planning
• Search for job vacancies

Internal Placement  

Under certain conditions federal government employees may request reassignment from one organization or geographic location to another. This is a considerable benefit to the employee and it can also benefit the agency as well. If you desire to transfer to a larger office that has more developmental and career advancement opportunities or simply to relocate to a more desirable area you can use the Internal Placement Process (IPP) . Some agencies call the program Employee Requested Reassignment (ERR) . Every Department has their own internal program however they all follow similar guidelines as outlined here.

Consideration shall be given to IPP requests according to the needs of the Agency. This means that if you are in a critical federal government job and the position you now occupy is understaffed, you may have to wait until staffing improves at that location before the agency will approve your request. The location you choose must also have positions available or projected vacancies in the job series and grade that you request consideration for. It’s also important to realize that the government may not fund your Permanent Change of Station (PCS) move since the move will be at your personal request. However, the agency may fund the PCS if funds are available and if the move is determined to be beneficial to the government.

Career and career-conditional employees located in the continental United States may request reassignment at any time to any other Agency position for which they are qualified. Employees occupying excepted positions may request reassignment only to other excepted positions, unless they are eligible to apply for positions in the competitive service because of having previously acquired civil service status.

Internal IPP Requests

Your organizational unit (an area office, systems management office, or district office for example) may include a number of field offices located throughout a large geographic area. If you wish to initiate an IPP request to another location within the same organizational unit you must submit your written request through your immediate supervisor to your organizational unit’s manager (area office, systems management office, or district office manager). Consideration shall be given in accordance with the reassignment practices of the program area involved.

• Additional information and instructions on how to submit an IPP request is available on our career development site.

Transfer Eligibility & Application Process

A career or career-conditional employee of one agency may transfer, without a break in service of a single workday, to a competitive service position in another agency without competing in a civil service examination open to the public. A transfer eligible may apply under vacancy announcements open to status candidates. An employee may transfer to a position at the same, higher, or lower grade level.

The key to successfully transferring to another position is professionally packaging your federal style resume . You must tailor your work histories and KSAs to the job announcement or position's required duties and qualifications  that you are targeting. Use the all new 10th edition of The Book of U.S. Government Jobs to take you step-by-step through analyzing the job announcement to writing your work histories and KSAs. You can also hire a professional resume writing service to assist you if desired.

Transfer Eligibility

• Federal employees who are serving in the competitive service under a career or career-conditional appointment have eligibility for transfer to a position in the competitive service.
• To transfer, you must meet the qualification requirements for the position. Written tests are not common but if one is required, arrangements will be made for you to take it.
• Employees must be found suitable for employment in competitive service positions. If your current appointment is subject to a suitability investigation, that condition continues after you transfer.
• Generally with a transfer, a career employee remains a career employee, and a career-conditional employee remains a career-conditional employee.

Applying For Transfer

To apply for a transfer you must first conduct your own job search. Individuals usually apply to agencies in response to vacancies announced under the merit promotion program. Some agencies accept applications only when they have an appropriate open merit promotion announcement, while others accept applications at any time. If you are seeking a higher grade or a position with more promotion potential than you have previously held, generally you must apply under a merit promotion announcement and rank among the best-qualified applicants to be selected. Status applicants include individuals who are eligible for transfer.

Also, transfer eligibility does not guarantee you a job offer. Hiring agencies have the discretion to determine the sources of applicants they will consider.

Finding Agency Merit Promotion Announcements

Merit Promotion announcements are posted on USAJOBS and individual agency web sites when jobs are announced outside of an agency's own workforce. Agency recruiting sites provide worldwide job vacancy information, employment fact sheets, job applications and forms, and have on-line resume development and electronic transmission capabilities. In many instances, job seekers can apply for positions on-line.

On the web site, job seekers can access worldwide current job vacancies, employment information fact sheets, applications and forms, and in some instances, apply for jobs online. Complete job announcements can be retrieved from the web site. You will also find various Online Resume Builder features. Using the resume builder, job seekers can create online resumes specifically designed for applying for Federal jobs. I recommend writing your federal style resume off line first and then copy and paste into the online resume builders. Resumes created on the online resume builders can be printed from the system for faxing or mailing to employers; and saved and edited for future use. For many of the vacancies listed on the site, job seekers can submit resumes created through these resume builders however you should be aware that there are differences between agency resume builders. A comprehensive listing of 141 agency world wide recruiting web sites for jobs and employment information, may be accessed at www.federaljobs.net/federal.htm .

Probationary Period

An employee is not required by the civil service rules and regulations to serve a new probationary period after transfer. However, the employee continues to serve the remainder of any probationary period which he/she was serving at the time of transfer. In most cases, an employee must wait at least three months after his/her latest non-temporary competitive appointment before he/she may be considered for transfer to a position in a different line of work, at a higher grade, or to a different geographical area. OPM may waive the restriction against movement to a different geographical area when it is satisfied that the waiver is consistent with the principles of open competition.

Positions Restricted to Veterans

Some positions in the competitive service such as guard, messenger, elevator operator, and custodian have been restricted by law to persons entitled to preference under the veteran preference laws. Generally, a non-veteran employee cannot be transferred to such positions if there are veterans available for appointment to them. This restriction does not apply to the filling of such positions by the transfer of a non-veteran already serving in a federal agency in a position covered by the same generic title. For example, a non-veteran who is serving in the position of guard may be considered for transfer to the position of patrolman, guard, fireman, guard-laborer, etc.

Hardship Transfers

Hardship transfers can be requested by employees that are experiencing personal problems at their current duty station. There are many reasons that people request hardship transfers; to care for sick parents; lack of medical facilities at your location for specific treatments for you or your family members; to get closer to your children after a divorce when your ex spouse has custody; and any number of other reasons that create an undue hardship on you or your family.

The key to successfully transferring to another position is professionally packaging your federal style resume . You must tailor your work histories and KSAs to the job announcement or position's required duties and qualifications  that you are targeting. Use the all new 11th edition of The Book of U.S. Government Jobs to take you step-by-step through analyzing the job announcement to writing your work histories and KSAs. You can also hire a professional resume writing service to assist you if desired.

The procedure is similar to the IPP process except that you must describe the hardship in your cover letter. Prepare a cover letter requesting the hardship transfer along with an application (federal resume) and give it to your immediate supervisor. Include the desired duty location in the cover letter, job series and grade of the position at the new location, and a copy of your training history. Your supervisor will forward it to the next level of management with his/her recommendation.

There must be a position available or an anticipated vacancy at the new location for the request to be considered. Check with your Human Resource department for your agency’s hardship transfer procedures. Each agency has written policies that describe the process in detail.

5 U.S. Code § 3395 - Reassignment and transfer within the Senior Executive Service

A prior section 3395, added Pub. L. 95–437, § 3(a) , Oct. 10, 1978 , 92 Stat. 1057 , which related to nonapplicability of part-time career employment opportunities program was renumbered as section 3405 of this title by Pub. L. 95–454, title IX, § 906(c)(1)(B) , Oct. 13, 1978 , 92 Stat. 1226 .

1991—Subsec. (e)(1)(B)(ii). Pub. L. 102–175, § 3(1) , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “has the authority to reassign the career appointee. ”

Subsec. (e)(3). Pub. L. 102–175, § 3(2) , added par. (3).

1984—Subsec. (a)(2). Pub. L. 98–615 designated existing provisions as subpar. (A), inserted exception relating to subpar. (B), and added subpar. (B).

Amendment by Pub. L. 98–615 effective Nov. 8, 1984 , see section 307 of Pub. L. 98–615 , set out as a note under section 3393 of this title .

Section effective 9 months after Oct. 13, 1978 , and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454 , see section 415(a)(1), (b) of Pub. L. 95–454 , set out as an Effective Date note under section 3131 of this title .

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Temporary reassignments: Detail benefits to you, us, and them

Posted by Dr. Dana | Jul 24, 2017 | Career Advice , Staying sharp |

Temporary reassignments are known to most government employees as details. For the most part, details are seen as an opportunity to meet workforce needs of the agency and a developmental opportunity for employees for hands-on work experience. Unofficially, details are also seen as a way to manage poor performers out of an organization.

It’s that third intent that most government employees think of when they hear of someone being detailed. And it is for that reason, that many employees do not see details as a positive developmental opportunity. So, in this post, I cover the broad benefits of a detail or temporary reassignment. And why YOU should apply to one if you see an opportunity.

Myth of temporary reassignments and poor performers

In my experience in government, I often hear about detailing poor performers. The hope was that the receiving organization would take them on as permanent employees. But, in the short term, the agency sending them (i.e., loosing office) would have relief from performance management.

Despite this common myth, a quick google search of details, temporary reassignments, and poor performers yields no relevant results. With no search results, I have to wonder whether this myth is as widespread as my experience suggests. Given that 3 of 4 agencies I’ve worked in unofficially used these methods I have to believe that it’s just not something people openly discuss.

All that being said, I do want to offer one hole in this myth of using temporary reassignments to manage poor performers. In order to qualify for a detail, an employee must have a satisfactory performance rating during their prior rating cycle. Thus, if the employee truly is a poor performer, they will not be able to apply to a detail.

What is the true intent of details?

Let’s first be clear about what a detail is. Oddly enough, I couldn’t find much detail about the intent of details on OPM’s site . The best description I could find was instead through an Army’s page.

According to the Army, a detail is a temporary assignment to a different position for a specified period when the employee is expected to return to his or her regular duties at the end of the assignment. Details are intended for meeting temporary needs of the agency’s work, program or mission requirements when necessary services cannot be provided by other means. Details can be used in situations such as temporary shortage of military or civilian personnel or emergency work situations.

What I find most fascinating about this description is that it does not mention that details are used for, nor opportunities for, developing employees.

And yet, the benefits of details can reach beyond just meeting a temporary work requirement.

3 benefactors of details and temporary reassignments

Depending on your perspective, the benefit of temporary reassignments may be limited. When in fact, using details can have wide reaching benefits to not only you, us, and them – but to the government as a whole. Let me explain.

Benefit to the employee (i.e., you)

In a prior post, we talked about the limited benefits of classroom training . The benefits are limited because unused knowledge is quickly lost. Another limitation is that classroom training typically lacks real world context to perform in your own work environment. So what better opportunity to develop new skills than to learn them while doing the job?

Beyond that, temporary reassignments also offer you opportunities to broaden your professional network. In working in another office or agency, you gain stronger connections than you could in a setting like a classroom (assuming other agencies are represented) or a conference (if your agency allows you to go). These connections will prove especially valuable if you ever need them again for something like a job reference or access to materials/information.

Temporary reassignments also provide you an opportunity to gain new perspectives. Even if you detail into a position similar to your current permanent position, you will learn new ways of doing work. For better or worse. You may learn new processes that you can bring back with you. Or, identify processes you should definitely NOT bring back with you. Further, you may discover linkages between your current office and your temporary reassignment that could improve the functioning of both.

Benefit to the losing office (i.e., us)

It’s typically a tough sell to the losing office to allow a high performing employee to be detailed to another office. This is because the loss of the employee means that there will be work left undone or transferred to other employees that remain. When a manger is faced with impossible timelines and already short-handed, it’s hard to see the benefit of temporary reassignments.

I could tell you that the employee will come back with new skills and new connections. Because that is true. I could tell you that the employee will think more broadly in ways that will benefit you. Because that is also true. But, I understand those benefits are not top of mind when you have a hole in your team.

So here are some other benefits of temporary reassignments:

High performers often take up a lot of the job responsibilities of the team. In their departure, hidden gems of employees may surface when they take on those responsibilities. Underutilized employees can rise to the challenge and shine. In a sense, those who didn’t take a detail will benefit by taking on new responsibilities and develop new skills. Unexpectedly, the strengths of your team actually show greater than you previously realized. Further, the morale of your team may actually rise with their added opportunities to shine and stretch.

Hidden inefficiencies may surface, allowing you to improve existing processes.

Finally, by allowing your high performer to take a temporary reassignment, you may retain them. You may retain them by showing that you care in their development and growth. Retention may also come by giving them a break from work that had become boring to them. And, you may prevent a resignation by letting that employee see that the grass isn’t greener in the other office.

Benefit to the receiving office (i.e., them)

The benefits to the receiving office seem the most obvious. They have a work requirement, and they have an employee to meet the requirement. But, when used effectively, the benefits of temporary reassignments are huge.

First, if you are considering hiring the person who is temporarily reassigned, you get to test out whether they fit with low commitment. That is, if the person doesn’t fit well, they will return to their ‘losing office’ only a few months later.

Other benefits which were mentioned for the employee and losing office are also benefits to the receiving office. For example, the network connections and outsider’s perspective of the work being performed.

But most importantly, you are setting groundwork for future recruitment. If the temporarily reassigned employee has a positive experience, he/she will talk about it with their friends and colleagues. And, since people tend to spend time with people similar to themselves – those friends and colleagues are likely other high performers. So when you put out a job announcement in the future, your detailee is likely to recommend working for you or for your agency.

In close, whether you are considering a detail or your employee is asking for a temporary reassignment, I hope this article provides a bit of insight into why it would be beneficial for all involved.

About The Author

My mission is to help people think about things differently. With equal footing between research and actual government experience - I offer actionable career advice that works in the government environment. I received my doctorate in Industrial Organizational Psychology in 2009 from the University of Central Florida.

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Reassignment

On this page, introduction.

Reassignment to a vacant position is expressly identified as a form of reasonable accommodation in part 1630 of the title I regulations of the Americans with Disabilities Act (ADA), and also in the Equal Employment Opportunity Commission (EEOC) formal enforcement guidance on Reasonable Accommodation and Undue Hardship Under the ADA . According to the EEOC, this type of reasonable accommodation is to be provided to an employee who, because of a disability, can no longer perform the essential functions of their current position, with or without reasonable accommodation, or when both the employer and the employee voluntarily agree that reassignment is preferable to remaining in the current position with reasonable accommodation. Of course, under both circumstances, this accommodation is only required in the absence of undue hardship.

As part of the interactive process of exploring accommodations, reassignment is often considered when:

• An employee can no longer perform the essential functions of their current position, with or without accommodation
• An alternative position is a more effective solution for retaining a qualified employee, in light of their limitations and ability to perform essential functions, with or without accommodation
• An employee is on a leave of absence and the employer cannot hold the employee’s position open during the entire leave period without incurring undue hardship, and when there is a vacant position to which the employee can be reassigned to continue the leave
• The location where work is performed causes a work-related barrier due to limitations affecting an employee’s commute, or access to specialized healthcare

The duty to consider reassignment as a form of reasonable accommodation under the ADA is essentially well-defined, but still, questions arise about the level of responsibility employers have when exploring this type of accommodation. For example, questions related to whose responsibility it is to search for vacant positions; the duration of time the search should take; and to what extent the search should include vacancies outside of the employee’s department, location, etc. The following information addresses these and many other questions related to reassignment and the ADA. For more information on this topic, or other ADA or accommodation issues,  contact JAN .

Questions and Answers

Are applicants or probationary employees entitled to reassignment as an accommodation.

Per the ADA regulations, reassignment is not available to job applicants as an accommodation because an applicant must be qualified for, and be able to perform the essential functions of, the position for which they seek to be hired. If an applicant is not qualified, there is no duty for an employer to consider assigning the individual to a different job.

Once hired, during the early probationary period of employment, individuals with disabilities are entitled to reasonable accommodation, which can include reassignment. According to the EEOC, a key factor in determining if a probationary employee is eligible for reassignment is whether the employee adequately performed the essential functions of the probationary position, with or without reasonable accommodation, before the need for a reassignment became apparent. If not, then the probationary employee is not entitled to reassignment. This is because the employee was not qualified for the original position.

Is there a duty to create a vacant position, by either creating a new job or bumping another employee from a job, in order to reassign an employee as an accommodation?

No. When reassigning an employee as an accommodation, there is no duty to create a vacant position. Reassignment is to a position that is vacant when the need for accommodation becomes apparent, or that will become vacant in a reasonable amount of time. A vacant position can be one that is unoccupied and posted, or not posted but the employer is aware it is, or will be, available.

Is an employee who is being reassigned as an accommodation required to compete for a vacant position?

According to the EEOC, provided the employee is qualified for the vacant position, reassignment means that the employee is given the vacant position; there is no requirement to compete for the position. An employee can be required to compete for any vacant position that would constitute a promotion. Promotion is not required as reasonable accommodation under the ADA.

Contrary to EEOC’s interpretation of reassignment as an accommodation under the ADA, some United States courts (e.g., 6th, 8th, and 11th Circuits) have ruled that employers are not required to give employees with disabilities “preferential treatment” when considering reassignment as an accommodation. Employers may find it useful to seek-out relevant court rulings in their geographical area to learn more about reassignment.

Who is responsible for searching for vacant positions, the employer or the employee, and how long should the search take?

From a practical stand-point, the employer will generally be in the best position to know about available positions, and positions that may become vacant in a reasonable period of time. According to the EEOC, the employer is thus obligated to inform an employee about available vacancies. However, both parties can and should engage in the search for available positions.

The search for vacancies should proceed as expeditiously as possible, but the duration of the process will vary based on the circumstances (e.g., size of the employer and number of vacancies to review). The ADA imposes no required duration to search for vacant positions when exploring reassignment as an accommodation. Some employers search for vacancies for thirty or sixty days. This is not an ADA requirement, but rather, an employer policy or practice.

When no vacant position is available at the time the employee requests reassignment, but the employer knows an equivalent position for which the individual is qualified will become vacant in a reasonable period of time, the EEOC says the employer should reassign the individual to the position when it becomes available.

Does the ADA limit the obligation to offer reassignment as an accommodation only to positions within the employee’s particular department or worksite location?

No language exists within the ADA to limit the obligation to reassign only to positions within an office, branch, agency, etc. This means that private employers may cast a wide net to find vacancies outside of the employee’s current location, when applicable. It is possible that the only position that exists may be located in a different geographical area that will require the employee to relocate. When this is the case, the employee may be required to pay relocation expenses, unless the employer routinely pays such expenses for employees who voluntarily transfer.

When reassigning an employee as an accommodation under Section 501 of the Rehabilitation Act, a federal employer is not obligated to look federal government-wide, but must look at vacancies within its department (e.g., all agencies within the U.S. Department of Labor, etc.), absent undue hardship. The federal employer must search for available vacancies throughout the department. The employee does not have the burden of identifying open positions without the employer's assistance.

Must the employee be reassigned to an equivalent position?

Yes, if an equivalent vacancy exists. When implementing reassignment as an accommodation, an employee should be placed in an equivalent position, in terms of pay, status, benefits, etc., so long as the employee is qualified for the position. There is no duty to assist the individual to become qualified. For example, if the position requires a special license, the individual must possess the license to be qualified.

When there is no equivalent vacancy for which the employee is qualified, the employee may be reassigned to a vacant lower level position in an effort to maintain employment. The employee’s original rate of pay is not required to be maintained in the lower level position, unless the employer routinely transfers employees without disabilities to lower level positions and maintains their original pay.

If the only vacancy is perhaps a demotion involving a pay cut, or is located in another state, can the employee refuse reassignment as an accommodation?

We know that employers cannot force employees to accept any reasonable accommodation against their will, including a reassignment. The EEOC has informally explained that an employee can turn down a proffered vacancy for any reason, but if an employee turns down a valid accommodation offer, the employer's reasonable accommodation obligation ends once the offer is made. What this means is, assuming there are no other vacancies, and the demotion or a position in a different geographical location are closest to the employee's current position in terms of pay, status, etc., then the employer is offering a valid accommodation under the ADA. If the employee chooses to refuse the reassignment offer, the result could be termination if the employee is unable to perform their current job duties. The employer is under no obligation to keep looking until a vacancy occurs in a job that the employee prefers, but can.

Must an employee be reassigned if it will violate a seniority system?

The EEOC and some courts seem to agree that it will generally be “unreasonable” to modify a seniority system or violate seniority rules, whether collectively-bargained or not, to reassign an employee with a disability as an accommodation under the ADA. This is understood to apply in situations where there are expectations of consistent, uniform treatment under the seniority system. However, when special circumstances exist – where employers retain the right to make exceptions to a seniority system – then an employer may need to consider bypassing the seniority system in order to reassign a qualified employee as a reasonable accommodation.

Must an employee whose disability is exacerbated by conflicts with a supervisor or co-worker be reassigned as an accommodation?

Informally, the EEOC has shared the opinion that employers probably do not have to reassign an employee because the employee's disability is exacerbated by a bad working relationship with a supervisor or coworker. However, the answer could be different in limited situations where egregious behavior on the part of a supervisor or coworker is shown to have an effect on an employee’s disability. The facts of the situation, such as evidence of harassing behavior, could lead to a responsibility to separate coworkers or to change an employee’s supervisor through reassignment. Of course, there is a difference between the effects of a bad working relationship, because individuals are simply unable to get along, versus being on the receiving end of harassing behavior.

Another limited situation may be one where an employee is only having problems with one supervisor, perhaps due to the supervisor’s appearance triggering PTSD symptoms because the supervisor resembles someone who assaulted the employee. Accommodations like changing supervisory methods will not work in this situation and so reassigning the employee to a job with a different supervisor may need to be considered. The nature of PTSD means that another supervisor most likely will not trigger the same response in the employee. This distinguishes the situation from other situations where the bad relationship with the supervisor is the issue.

Must an employer consider reassigning an employee to a position in a different location so the employee can receive medical treatment?

The EEOC has not clearly addressed this issue. An argument can be made that the employee's need for reassignment is not because the disability prevents the individual from performing the duties of the current job, but rather, the employee is seeking medical treatment elsewhere. In other words, treatment could be obtained closer to home and the employee is choosing to move elsewhere, which does not trigger an obligation for an employer to make a reassignment. Reassignment for medical treatment might be required in a situation where treatment facilities are limited and adequate treatment does not exist in the employee’s current location. Of course, an employer is not precluded from considering a request for reassignment to enable an employee to obtain medical care elsewhere.

Is there an obligation under the ADA to consider reassigning an employee who is on extended leave to a vacant position when it poses an undue hardship to hold the employee’s position?

According to the EEOC, in the event that holding an employee’s position for an extended period of time creates an undue hardship on the employer, the employer should consider whether it has a vacant, equivalent position to which the employee can be reassigned for the duration of the leave period. When the employee is ready to return to work, the employee will then return to the new position.

Situations and Solutions:

The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.

Due to having a seizure, an automotive parts delivery driver could not operate a motor vehicle for six months.

He was unable to drive to deliver parts during this time, which was an essential function. The employee had extensive knowledge of automotive parts, and the business had a vacant parts stocking position available. The employer permanently reassigned the employee to that position.

A retail sales customer service representative developed dysphonia.

She experienced chronic hoarseness and required significant effort to speak, which limited her ability to effectively communicate with customers over the telephone for any period of time. The online retailer offered customer service by telephone, email, and live chat. Technology was explored to enable the employee to use a text to voice solution to communicate, but because there was a vacant equivalent position that only required chat and e-mail communication with customers, reassignment was chosen as an effective accommodation.

A nursing aid for a healthcare facility could no longer lift patients.

The employee requested to be reassigned to an alternative position. There were no available positions at the time of the request, but the employer was aware that a patient greeter position would be vacant in three weeks. The employee was excused from duties that required lifting patients for the temporary three week period, and then was reassigned to the greeter position.

An assembly line worker with diabetes had neuropathy in his feet that was affecting his ability to stand for long periods of time.

The employee’s position required constant standing and moving. He tried taking breaks when possible, and had anti-fatigue matting, but the situation did not improve. A position became available on a different part of the assembly line that did not require constant standing and allowed sitting most of the time. The employee was reassigned to this position.

An employee working for an insurance company had been working successfully for nine months when she was in a severe motor vehicle accident.

After the accident, she was restricted from driving further than five miles for at least six months due to a severe shoulder injury and PTSD that resulted from the accident. She was able to return to work and perform the essential job duties, but her commute was forty-five miles, one way. The employer had a second location, located within the employee’s driving restriction, where there was a vacant position that was similar to the employee’s original job. The employer reassigned the employee to the position in the closer location.

JAN Publications & Articles regarding Reassignment

Publications.

• Changing a Supervisor as an Accommodation under the ADA
• The Path to Reassignment as an Accommodation
• As the Old Saying Goes…

Events Regarding Reassignment

• Upcoming Events
• Past Recorded Module
• Past In-person Training
• Past Exhibit Booths
• Past Webcast Series Training

Other Information Regarding Reassignment

External links.

• EEOC's Reasonable Accommodation and Undue Hardship Guidance Under the ADA

Organizations

• Job Accommodation Network
• Office of Disability Employment Policy
• U.S. Equal Employment Opportunity Commission

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Job Reassignment Standards Continue to Concern Federal Employees

Some recent court cases highlight the challenges and complexities federal employees can encounter when it comes to job reassignments.

The standard for job promotions and reassignments is a frequent cause for concern in federal employment. In my prior column regarding frivolous allegations about employment regulations, I discussed a Federal Circuit case from December 2015, Miranne v. M.S.P.B. , where a job applicant was not selected for a supervisory position and claimed this failure to reassign him to a higher position used unfair criteria. The Merit Systems Protection Board (MSPB) denied this claim, and Mr. Miranne was unsuccessful in his federal appeal.

Job reassignments were also the subject of a case in September 2015 in Cobert v. Miller , where an Alaska Park Superintendent, Mary A. Miller, refused a management-directed reassignment to a different positon at the same grade and pay in Anchorage, Alaska. She was then removed from her superintendent position, and appealed her removal to the MSPB. While she was initially successful in this appeal, the Acting Director of the Office of Personnel Management (OPM), Beth Cobert, appealed the case to the Federal Circuit, where Ms. Miller’s removal was held to be legitimate and proper.

The Federal Circuit observed that the MPSB had to follow a prior case, Ketterer v. Dep’t of Agriculture (1980), which required the agency to (1) “establish, by a preponderance of the evidence,” that it had legitimate management reasons for Ms. Miller’s reassignment; and (2) [show] that Ms. Miller failed to rebut the agency’s prima facie case” (quoting Cobert v. Miller ).

The Court found that the agency was able to show “legitimate management reasons” for the reassignment, given that there was a need for the position and that it was not created specifically to affect Ms. Miller. Furthermore, since Ms. Miller agreed to consider the position at a higher pay grade, she was therefore predisposed towards the position and her conflicting testimony that followed did not help her case. Though the Court acknowledged that Ms. Miller may have undergone some hassle if she had accepted the new position, hassle alone is insufficient to rebut the agency’s decision. Ms. Miller further possessed valuable skills that the agency would lose if she did not accept the position.

Though the MSPB supported Ms. Miller rather than Acting OPM Director Cobert, the Federal Circuit Court nonetheless reversed the MSPB decision, stating that the decision to reassign Ms. Miller was proper. As can be seen from this case, federal employee reassignments are generally proper. However, if you believe your reassignment has been unfairly requested or improperly decided, consulting an experienced federal employment law attorney can provide answers and assistance.

About the Author

Mathew B. Tully is a founding partner of Tully Rinckey PLLC . He concentrates his practice on representing federal government employees and military personnel. To schedule a meeting with one of the firm’s federal employment law attorneys call (202) 787-1900. The information in this column is not intended as legal advice.

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Temporary Reassignment of Personnel

Requesting temporary reassignment of state, tribal, and local personnel during an hhs secretary declared public health emergency.

Section 319(e) of the Public Health Service (PHS) Act provides the Secretary of the Department of Health and Human Services (HHS) with discretion upon request by a state or tribal organization (referred to as jurisdictions) to authorize the temporary reassignment of state, tribal, and local personnel during a declared federal public health emergency. The temporary reassignment provision is applicable to state, tribal, and local public health department or agency personnel whose positions are funded, in full or part, under PHS programs and allows such personnel to immediately respond to the public health emergency in the affected jurisdiction. Funds provided under the award may be used to support personnel who are temporarily reassigned in accordance with section 319(e).

Detailed information including Guidance for Temporary Reassignment of State and Local Personnel during a Public Health Emergency is available on the Assistant Secretary for Preparedness and Response (ASPR) website . To request the temporary reassignment of personnel, a state governor, tribal leader, or designee must complete the Request for the Temporary Reassignment of State, Tribal, and Local Personnel During a Public Health Emergency Declared by the HHS Secretary  and submit it to [email protected].

Jurisdictions should be aware that the reassignment provision is contingent on an existing, federal public health emergency declaration . Requests are valid for 30 days; jurisdictions can request extensions in 30-day increments by submitting a new form to HHS. The requests or extensions will last no longer than 30 days or until the HHS Secretary determines that the public health emergency no longer exists, whichever comes first.

Once the request to temporarily reassign staff has been approved, state, local, or tribal staff should continue to coordinate with their CDC Grants Management Officer (GMO) and Project Officer (PO) assigned to the grant or cooperative agreements. This will ensure that all parties are clear regarding the potential impact to their program, including the extent and the duration of the planned assignment(s). Other requests for programmatic or financial modification of CDC grants and cooperative agreements will be carried out with full consideration.

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Temporary Continuation of Coverage (TCC) Under the Federal Employees Health Benefits (FEHB) Program

Temporary Continuation of Coverage (TCC) is available to: 1) employees who lose their FEHB Program coverage because they leave their Federal jobs; 2) children who lose their FEHB Program family member status because they reach age 26; and 3) former spouses who lose their FEHB Program family member status because of divorce or annulment.

TCC allows former employees to continue their FEHB Program coverage for up to 18 months, and children and former spouses to continue FEHB Program coverage for up to 36 months. For information about TCC, review the TCC pamphlet . 

For further information, please get in touch with your Benefits Contact or [email protected] .

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Reinstatement

Do you have prior Career or Career-Conditional Service with the Federal Government? If so, you may be eligible for reinstatement.

What is Reinstatement?

Reinstatement allows you to reenter the Federal competitive service workforce without competing with the public. Reinstatement eligibility enables you to apply for Federal jobs open only to status candidates.

What are the eligibility requirements?

You must have held a career or career-conditional appointment at some time in the past. If so, there is no time limit on reinstatement eligibility for those who:

• Have veterans' preference, or
• Acquired career tenure by completing 3 years of substantially continuous creditable service.

If you do not have veterans' preference or did not acquire career tenure, you may be reinstated within 3 years after the date of your separation. Reinstatement eligibility may be extended by certain activities that occur during the 3-year period after separation from your last career-conditional appointment. Examples of these activities are:

• Federal employment under temporary, term, or similar appointments.
• Federal employment in excepted, non-appropriated fund, or Senior Executive Service positions.
• Federal employment in the legislative and judicial branches.
• Active military duty terminated under honorable conditions.
• Service with the District of Columbia Government prior to January 1, 1980 (and other service for certain employees converted to the District's independent merit system).
• Certain government employment or full-time training that provided valuable training and experience for the job to be filled.
• Periods of overseas residence of a dependent who followed a Federal military or civilian employee to an overseas post of duty.

How do I apply for Reinstatement?

You must conduct your own job search. Reinstatement eligibility does not guarantee you a job offer. Hiring agencies have the discretion to determine the sources of applicants they will consider.

Individuals usually apply to agencies in response to vacancies announced under the merit promotion program. Some agencies accept applications only when they have an appropriate open merit promotion announcement, while others accept applications at any time. If you are seeking a higher grade or a position with more promotion potential than you previously held, generally you must apply under a merit promotion announcement and rank among the best-qualified applicants to be selected. Status applicants include individuals who are eligible for reinstatement.

To establish your reinstatement eligibility, you must provide a copy of your separation SF 50, Notification of Personnel Action, showing tenure group 1 or 2, along with your application. You may obtain a copy of your personnel records from your former agency if you recently separated. Otherwise, send your request to the address below.

The FEDERAL RECORDS CENTER has been established as a depository for official personnel folders of persons no longer in the Federal service. Federal agencies, generally, transfer employment records to the Federal Records Center 120-days after the employee has been separated from Federal service. Requests for this information should be directed to:

FEDERAL RECORDS CENTER

National Personnel Records Center, Annex 1411 Boulder Boulevard Valmeyer, IL 62295 Fax: 618-935-3014

Such inquiries should include your full name under which formerly employed, social security number, date of birth, and to the extent known, former Federal employing agencies, addresses and dates of such employment. The Privacy Act of 1974 (5 USC 552a) and the Office of Personnel Management require a signed and dated written request for information from Federal records. No requests for information from personnel or any other type of records will be accepted by telephone or e-mail.

How can I find out about agency merit promotion announcements?

USAJOBS®, the government's official job web site provides access to more than 30,000 job listings daily as well as applications, forms, and employment fact sheets. Job postings are updated daily and are available to job seekers in a variety of formats to ensure accessibility for those with differing physical and technological capabilities. You can search for jobs by location, job category, and agency and complete and submit your application directly to the agency online.

The TDD line, 978-461-8404, is available for our customers that are hearing impaired. Local telephone companies may charge for long distance service.

Applicants may also contact the agencies in which they are interested in working for specific application instructions.

Citizenship

You must be a citizen of the United States.

Qualification

You must meet the qualification requirements for the position. Written tests are not common but if one is required, arrangements will be made for you to take it.

Suitability

You must meet the suitability standards for Federal employment. If you were removed for cause from your previous Federal employment, it will not necessarily bar you from further Federal service. The facts in each case as developed by inquiry or investigation will determine the person's fitness for re-entry into the competitive service.

There are no maximum age limits for appointment to most positions in the competitive service. Some jobs, such as law enforcement officers and firefighters, do have limits.

Positions Restricted to Veterans

Positions in the competitive service such as guard, messenger, elevator operator, and custodian have been restricted by law to veterans entitled to preference. Generally, a non-veteran may not be reinstated to such positions if qualified veterans are available.

Probationary Period

If you did not complete a required probationary period during previous service under the appointment upon which your eligibility for reinstatement is based, you will be required, in most cases, to serve a complete one-year probationary period after reinstatement.

AS OF: 10/2011

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