D.C. Mun. Regs. tit. 6, r. 6-B228

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 6-B228 - RETURNING TO DUTY

228.1

The following "covered" employees are eligible to be returned to duty:

(a) Employees whose absences from their positions are necessitated by military service and who have reemployment rights and benefits pursuant to 38 U.S.C. § 4312;

(b) Employees who are receiving disability compensation pursuant to Title 7, Chapter 1, of these regulations; and

(c) Uniformed members of the Metropolitan Police Department (MPD) and Fire and Emergency Medical Services Department (FEMS) who are retired because of disability pursuant to D.C. Official Code §§ 5-709 or 5-710.

228.2

Except for uniformed members of MPD and FEMS who have been retired for disability, an agency shall:

(a) Identify the position vacated and maintain necessary records to ensure rights and benefits are granted as required;

(b) Consider covered employees for all promotions for which the employee would have been considered had the employee not been absent;

(c) If the position of the covered employee is reclassified to a higher grade, place the employee in the regraded position upon restoration to duty, and

(d) If the position or function of the covered employee is moved to another agency, and the employee would have been moved with the function, the gaining agency shall retain the employee in the same or like position, with no adverse financial impact on the employee, and shall assume the responsibility of restoring the employee to duty.

228.3

When it can be determined that the employee would have received a promotion had he or she not been absent, the employee shall be promoted effective on the date the promotion would have been made had the employee not been absent.

228.4

Unless occupied by an employee in a higher retention group under Chapter 24, an employee covered by § 228.1(a) or (b) shall be restored to a position of like status and pay in the following order of priority:

(a) To the position he or she would have been promoted to, or its equivalent, during their absence;

(b) To the employee's former position; or

(c) To the next best available position in the employee's agency for which the employee is qualified.

228.5

If two (2) or more employees are entitled to be returned to the same position, the employee who left his or her position first shall be returned first.

228.6

If an agency is abolished and its functions are not transferred to another agency, the personnel authority shall secure a list of all employees having return-to-duty rights under this section and shall carry out the return-to-duty process as required.

D.C. Mun. Regs. tit. 6, r. 6-B228

Final Rulemaking published at 68 DCR 2869 (3/19/2021)