C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 353—RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE INJURY › Subpart A—General Provisions

5 C.F.R. § 353.108

Effect of performance and conduct on restoration rights

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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.

Notes of Decisions
Cited in 9 cases, 2006–2017 · leading case: Shu v. Merit Sys. Prot. Bd., 689 F. App'x 971 (Fed. Cir. 2017).
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Shu v. Merit Sys. Prot. Bd., 689 F. App'x 971 (Fed. Cir. 2017). “” 5 C.F.R. § 353.108 . Thus, “[a]n employee who has been removed for cause rather than a com-pensable injury is not entitled to restoration and cannot appeal to the Board.”
Kimbrough v. Dep't of Def., 287 F. App'x 861 (Fed. Cir. 2008). “See 5 C.F.R. § 353.108 (“[Separation for cause that is substantially unrelated to the injury .”
David Shu v. United States Postal Serv. (MSPB 2016). “; see 5 C.F.R. § 353.108 (providing that “separation for 5 cause that is substantially unrelated to [a compensable injury] negates restoration rights”).”
Gary R. Agnew v. United States Postal Serv. (MSPB 2016). “at 20-22 ; see generally 5 C.F.R. § 353.108 (providing that “if during the period of injury .”
Gary R. Agnew v. United States Postal Serv. (MSPB 2016). “at 20-22 ; see generally 5 C.F.R. § 353.108 (providing that “if during the period of injury .”
David Shu v. United States Postal Serv. (MSPB 2016). “; see 5 C.F.R. § 353.108 (providing that “separation for 5 cause that is substantially unrelated to [a compensable injury] negates restoration rights”).”
Nelson v. United States Postal Serv., 200 F. App'x 983 (Fed. Cir. 2006). “Under 5 C.F.R. § 353.108 , “separation for cause that is substantially unrelated to the injury .”
Tysha S. Holmes v. Dep't of the Army (MSPB 2014). “See 5 C.F.R. § 353.108 . Accordingly, because the appellant has failed to make a nonfrivolous allegation that her removal was based on her compensable injury, the appellant has provided no basis upon which to disturb the initial decision.”
Tysha S. Holmes v. Dep't of the Army (MSPB 2014). “See 5 C.F.R. § 353.108 . Accordingly, because the appellant has failed to make a nonfrivolous allegation that her removal was based on her compensable injury, the appellant has provided no basis upon which to disturb the initial decision.”
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