Where a job is to be accepted or declined, and termination of benefits may be at issue, OWCP does not consider a period of less than 30 days sufficient, across the board, for response from employees Section 10.516

Where a job is to be accepted or declined, and termination of benefits may be at issue, OWCP does not consider a period of less than 30 days sufficient, across the board, for response from employees. For instance, if the employee objects to the position offered for medical reasons and thus needs to obtain a medical report, it is unreasonable to expect that the physician will conform to a five or even a 15-day deadline to prepare and submit a medical report.

Although the circumstances in a particular case may not in fact warrant a 30-day period for response, clear and consistent procedures are especially important in this area of the program's operations, given the need to provide due process at every step.

Job offer-(verbal)

Section 10.507(c) section has been modified to state that a job offer may be made verbally as long as the employing agency follows it up with a detailed written job offer within two business days of the verbal offer.

IMP-This amount of time should be sufficient for the claimant to consider the job duties and assess whether he or she can perform them (CLAIMANT MUST CONSIDER JOB DUTIES AND ASSESS OFFER!!!)

Job duties must be defined with great precision so that both employer and employee correctly understand them, and the potential for miscommunication is always higher in verbal than in written exchanges. However, as a practical matter, verbal job offers can expedite the process of reemployment, which benefits both the employer and the employee.

To both allow this flexibility and provide due process rights, this section has been modified to state that a job offer may be made verbally as long as the employing agency follows it up with a detailed written job offer within two business days of the verbal offer. This amount of time should be sufficient for the claimant to consider the job duties and assess whether he or she can perform them. The second half of this section has also been relettered ``(d)''.

Return to Work Job Offer-Employer's Responsibilities

One labor organization suggested that this section require the employer to advise the employee in writing of the specific duties involved.

Sec. 10.505 What actions must the employer take?

Upon authorizing medical care, the employer should advise the employee in writing as soon as possible of his or her obligation to return to work under Sec. 10.210 and as defined in this subpart. The term ``return to work'' as used in this subpart is not limited to returning to work at the employee's normal worksite or usual position, but may include returning to work at other locations and in other positions. In general, the employer should make all reasonable efforts to place the employee in his or her former or an equivalent position, in accordance with 5 U.S.C. 8151(b)(2), if the employee has fully recovered after one year. The Office of Personnel Management (not OWCP) administers this provision.

(a) Where the employer has specific alternative positions available for partially disabled employees, the employer should advise the employee in writing of the specific duties and physical requirements of those positions.

(b) Where the employer has no specific alternative positions available for an employee who can perform restricted or limited duties, the employer should advise the employee of any accommodations the agency can make to accommodate the employee's limitations due to the injury.