USPS Termination Policy (All You Need To Know)
October 3, 2023 by Marques Thomas
These employees are terminated if their medical condition renders them unable to perform the duties of the position and if they are ineligible for disability retirement.
Getting canned, being handed a pink slip, getting the axe— these are just a few nice ways of saying "you're fired." USPS calls any action that results in an employee losing their job a separation.
If you're a current USPS employee or thinking about applying for a job in the postal service, then you might be curious how USPS handles terminations. If so, keep reading this article to learn what I found out!
Can a USPS Supervisor Fire You?
As federal employees, USPS workers benefit from more job protection than those working in the private sector. Put another way, a USPS supervisor can't simply fire employees.
Postal workers cannot have their jobs taken away from them without due process. This process differs depending on the employment type (i.e. temporary or career).
Temporary employees may be fired at any time following a written notice of termination.
Career employees have even more protections and will go through a series of steps before being fired.
Career employees must do the following:
Be notified of the proposed termination and given an explanation as to why.
Be given a fair opportunity to see and study any evidence against them related to the proposed termination.
Be allowed a meaningful opportunity to respond to and refute the charges before any decision is made.
Have an appropriate legal procedure to appeal a decision.
What Is USPS Employee Misconduct?
USPS considers misconduct
https://www.uspsoig.gov/content/what-misconduct as intentional or improper use of Postal Service resources. This includes the following:
Misuse of position or authority
Misuse of resources such as tools, vehicles, or office equipment
Destruction or theft of postal service property
Falsification of official documents
Theft of funds
Narcotics use or sale of drugs while on duty
Alcohol abuse on company property
Will USPS Rehire You After Getting Fired?
There doesn't seem to be a straightforward answer to this question. Rather, it seems like, in theory, USPS won't rehire ex-employees who were fired, but in practice, the issue is more nuanced.
To clarify, if you were fired for gross misconduct like stealing or destroying property, your chances of getting rehired are probably nil.
However, if you were fired for tardiness or poor attendance, there's a chance USPS will rehire you.
One main reason USPS may overlook an earlier termination is because the postal service is chronically understaffed. Basically, they need bodies and can't afford to turn too many applicants away.
Can USPS Employees Apply For Unemployment?
Unemployed former USPS employees receive benefits through the Unemployment Compensation for Federal Employees Program (UCFE).
Although postal workers are federal employees, their unemployment benefits come from their state of residence.
In other words, UCFE is a state-run program. As such, unemployed post office workers should contact their state unemployment insurance agency to file a claim.
It stands to reason that your eligibility for unemployment compensation depends on your state's employment security law.
Still, every state requires that an applicant does the following:
Be unemployed or employed less than full–time as defined by the state employment security law and have earnings less than an amount specified in the state law.
Register for work and file an unemployment compensation claim at a local state employment security office.
Have worked a specified amount of time or have earned a specified amount of wages (or both) within a certain period.
Have the ability to work.
Be regularly available for work.
Be actively seeking work.
Report periodically to the local state employment security office.
On the other side of the coin, disqualification provisions vary from state to state. In most states, employment security laws lay out a period of total disqualification or a period of temporary disqualification for certain types of separations.
Former USPS employees are not disqualified from unemployment benefits if the separation was an involuntary termination of employment (other than misconduct) or if the separation was a voluntary termination or resignation based on good cause.
However, postal service employees will be disqualified for the following reasons:
They were discharged for misconduct.
They voluntarily quit without good cause.
They refused a suitable job without good cause.
To learn more, you can also see our posts on USPS sick leave policy, USPS inclement weather policy, and USPS background check policy.
There are several reasons why USPS may fire employees, but let's take a closer look at some of the most common reasons:
most common reasons for terminations:
365.3 Separations - Involuntary
365.31 Removal
365.311 Definition
Removal is an action involuntarily separating an employee, other than an employee serving under a temporary appointment or a career employee who has not completed the applicable probationary period, for cause.
365.312 Effective Date
The effective date is the date designated by the official making the decision, but is not before the expiration of the required time limit for the notice period.
365.32 Separation–Disqualification
365.321 Applicability
This type of separation applies only to employees who have not completed their probationary period.
365.322 Reasons for Action
Separation–disqualification is an action that results from the failure to meet conditions specified at the time of appointment (such as failure to qualify by conduct or capacity during the probationary period). It may also result from information that, if known at the time of appointment, would have disqualified the employee for the appointment.
365.323 Probationary Period
Separation–disqualification must be effected during the probationary period. Action is initiated at any time in the probationary period when it becomes apparent that the employee lacks capacity for efficient service.
365.324 Who Initiates Action
Supervisors may recommend separation–disqualification, but such recommendations must be referred for decision to the official having authority to take the action.
365.325 Procedure in Separating
If an appointing official decides to terminate an employee who is serving a probationary period due to conditions arising prior to appointment, or because work performance or conduct during this period fails to demonstrate qualification for continued postal employment, the employee's services are terminated by notifying the employee in writing as to why he or she is being terminated and the effective date of the action. The written notice of termination must at a minimum consist of the appointing official's conclusions about the inadequacies of performance or conduct.
365.326 Effective Date
The effective date of separation must be before the end of the probationary period and must not be retroactive.
365.33 Termination or Separation of Non-Career Employees
An employee serving under a temporary appointment may be separated at any time after notice in writing. In determining the proper action for a particular case, the following criteria are used:
Termination, expiration of appointment, is the term used to separate an employee who has reached the end of his or her term or whose services are no longer required.
Separation is the term used when describing the discontinuance of the service of a non-career employee because of unsatisfactory performance that warrants termination from the Postal Service.
365.34 Separation–Disability
365.341 Definition
Separation-disability is a term used to indicate the separation of an employee other than a non-career or a probationary employee whose medical condition renders the employee unable to perform the duties of the position and who is ineligible for disability retirement.
365.342 Applicability
At the expiration of 1 year of continuous absence without pay, an employee who has been absent because of illness may be separated for disability. This action is not mandatory, however, and if there is reason to believe the employee will recover within a reasonable length of time beyond the 1–year period, the employee may be granted additional leave in 30–day periods, not to exceed 90 days. If the employee's condition indicates that LWOP beyond that period is necessary incident to full recovery, the postal official must submit a comprehensive report to the area manager of Human Resources with appropriate recommendation and retain the employee on the rolls pending a decision.
An employee covered under USERRA who is hospitalized or convalescing due to a service-connected disability is required to return to work once recovered. The recovery period may not exceed 2 years (see EL-312 773(d)). Before any employee covered under USERRA can be separated for disability, the requesting postal official must submit a comprehensive report through the proper channels to the manager of Human Resources (Area), with appropriate recommendations. The employee must be retained on the rolls of the Postal Service pending a decision.
If an employee on the rolls of the Office of Workers' Compensation Programs (OWCP) is unable to return to work at the end of the initial 1–year period of LWOP, the LWOP may be extended for successive additional periods of up to 6 months each. Extensions are granted only if it appears likely that the employee will be able to return to work within the period of the extension. If it does not appear likely that the employee will be able to return to work during the period, the employee, upon approval of the area manager of Human Resources (Area), is separated subject to reemployment rights.
Before any employee on the rolls of the OWCP can be separated, the requesting postal official must submit a comprehensive report through channels to the manager of Human Resources (Area), with appropriate recommendations. The employee must be retained on the rolls of the Postal Service pending a decision.
If the manager of Human Resources (Area) approves the request, and if the employee has sufficient service for entitlement to retirement, the employee is not separated until given an opportunity to retire. For involuntary separation, the notice and appeal procedures outlined in 650 or the applicable collective bargaining agreement, whichever is appropriate, is followed.
An employee who is eligible for disability retirement but chooses not to apply is not separated for disability until a complete medical report has been received and the employee has received retirement counseling.
An employee who is eligible for disability retirement is not separated for mental disability. Rather, the appointing official files an application for disability retirement on the employee's behalf provided the requirements are met (see 568 and 588).
365.343 Notice to Employee
No employees who have completed their probationary period are separated for disability until given a notice in writing of the proposed action and an opportunity to reply in accordance with appropriate adverse action procedures. Employees eligible for disability retirement are advised and notified that unless they file application for disability retirement within 1 year of separation their rights will lapse.
365.344 Effective Date
Separation–disability is effective on the date determined by the Human Resources official or on the date authoritative notice is received in the case of legal incompetence. If unused sick leave remains to the employee's credit, the effective date may be extended to permit payment for the unused sick leave. If an annuity is involved, an employee may wish to evaluate an earlier annuity payment against the unused sick leave. Separations for disability may not be effected retroactively or before the date of expiration of the time specified in the notice.
365.35 Separation, Reduction in Force
The Postal Service procedure for effecting reductions in force parallels the OPM procedure. The Postal Service attempts to make personnel adjustments by various administrative actions other than RIF. If these actions are not adequate, however, and RIF appears to be appropriate, prior approval for such action must be obtained, through channels of communication, from the vice president of Employee Resource Management.
USPS Termination Policy (All You Need To Know)
