Q. I am a 55-year-old Postal Service employee with more than 26 years of creditable service who has been on active duty under Title 10 for the past 10 years. Late last year, I was offered the Voluntary Early Retirement Authority, which I accepted and submitted the irrevocable application along with all of the required documents. On Jan. 31, I received a phone from the Postal Service human resources office to inform me that my retirement could not be processed because I am on active duty. I was also told that I had to return to pay status to be eligible for retirement.
1. Is leave without pay or on military leave a pay status?
2. Under the Uniformed Services Employment and Reemployment Rights Act, my employer is obligated to rehire me after five years of military service. What would guarantee that I will be rehired after 15 years of military service?
3. Since the Postal Service is offering the VERA because of reorganization, what precludes them from honoring the offer for retirement?
4. Do I have any legal recourse to pursue this issue?
A. 1. No.
3. You aren’t an employee.