Protection of employment and benefits.

CFR · 2024-01-01 · US · Title 5

(a) Any employee who takes leave under § 630.1203(a) of this part shall be entitled, upon return to the agency, to be returned to— (1) The same position held by the employee when the leave commenced; or (2) An equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment. (b) For the purpose of applying paragraph (a)(2) of this section, an equivalent position must be in the same commuting area and must carry or provide at a minimum— (1) The same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority; (2) An equivalent grade or pay level, including any applicable locality payment under 5 CFR part 531, subpart F; special rate supplement under 5 CFR part 530, subpart C; or similar payment or supplement under other legal authority; (3) The same type of appointment, work schedule, status, and tenure; (4) The same employment benefits made available to the employee in his or her previous position (e.g., life insurance, health benefits, retirement coverage, and leave accrual); (5) The same or equivalent opportunity for a within-grade increase, performance award, incentive award, or other similar discretionary and non-discretionary payments, consistent with applicable laws and regulations; however, the entitlement to be returned to an equivalent position does not extend to intangible or unmeasurable aspects of the job; (6) The same or equivalent opportunity

official document · source cfr-2024 · id 5:§ 630.1210