5 C.F.R. § 353.303
Restoration rights of TAPER employees
An employee serving in the competitive service under a temporary appointment pending establishment of a register (TAPER) under § 316.201 of this chapter (other than an employee serving in a position classified above GS-15), is entitled to be restored to the position he or she left or an equivalent one in the same commuting area.
Notes of Decisions
Cited in 4
cases, 1982–2002 · leading case: Deonne R. New v. Dep't of Vets. Affairs, 142 F.3d 1259 (Fed. Cir. 1998).
Deonne R. New v. Dep't of Vets. Affairs, 142 F.3d 1259 (Fed. Cir. 1998). “New’s request for restoration, and concluded that the Board lacked jurisdiction over her appeal from her denial for restoration under 5 C.F.R. § 353.303 (1991), 1 because she was removed for cause and not for a reason substantially related to her compensable injury.”
Bey v. Bolger, 540 F. Supp. 910 (E.D. Pa. 1982). “The record does not establish, however, that the appellant was physically disqualified for restoration under the criteria set forth in FPM, Chapter 353, Appendix B-4 to positions as set forth in 5 CFR 353.303 and 304. The medical evidence of record does not specifically address…”
Cynthia K. Walley v. Dep't of Vets. Affairs, 279 F.3d 1010 (Fed. Cir. 2002). “New actually refers to the "because of a compensable injury" language in 5 C.F.R. § 353.303 (1991), which has been renumbered so that the relevant regulatory language appears at 5 C.”
Brumley v. Pena, 62 F.3d 277 (8th Cir. 1995). “5 C.F.R. § 353.303 . A partially recovered employee is entitled to have “every effort” made for restoration to federal employment.”
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