The FactsMichael Steven Wirtes served as a police officer with the City of Newport News when he developed permanent nerve damage due to wearing a heavy, full duty belt which supported pepper spray, a gun with ammunition, a taser, a baton, handcuffs, a flashlight, a radio, and body camera battery pack. Wirtes asked the City for reassignment to a unit that would allow him to continue serving as a police officer without the need to wear a full duty belt. For a time, the City obliged.
Wirtes appealed the dismissal of his case to the Fourth Circuit, which reversed the lower court and reinstated his lawsuit. In an opinion written by Circuit Judge James A. Wynn, Jr., the appeals court explained that reassignment to a vacant position was an accommodation of last resort and that the City had failed to prove that it could not have accommodated Wirtes in his police officer job by allowing him to wear a shoulder holster or exempting him from police assignments requiring a full duty belt.
Job Reassignment Letter
Download File: https://tweeat.com/2vBDYZ
Q. I am 59 with 23 years of civilian service under FERS. My organization gave me a management-directed reassignment outside this area (from Virginia to Kansas). I was given 10 calendar days to agree to move or be involuntarily separated through no fault of my own. Am I eligible for severance pay? A. Yes.
There are a number of programs available for active federal employees to request and obtain transfers to other locations or for reassignment to another organizational office at your current duty station. For those who want to relocate for personal reasons employees may request reassignment under the Internal Placement Program or apply for a hardship transfer. Follow the procedures outlined below and discuss your desires with your supervisor and human resources staff. They can guide you through the process. There is no guarantee that the agency will be able to approve your request. Agencies have to evaluate their organizational needs prior to approving any transfer.
Under certain conditions federal government employees may request reassignment from one organization or geographic location to another. This is a considerable benefit to the employee and it can also benefit the agency as well. If you desire to transfer to a larger office that has more developmental and career advancement opportunities or simply to relocate to a more desirable area you can use the Internal Placement Process (IPP). Some agencies call the program Employee Requested Reassignment (ERR). Every Department has their own internal program however they all follow similar guidelines as outlined here.
Career and career-conditional employees located in the continental United States may request reassignment at any time to any other Agency position for which they are qualified. Employees occupying excepted positions may request reassignment only to other excepted positions, unless they are eligible to apply for positions in the competitive service because of having previously acquired civil service status.
The procedure is similar to the IPP process except that you must describe the hardship in your cover letter. Prepare a cover letter requesting the hardship transfer along with an application (federal resume) and give it to your immediate supervisor. Include the desired duty location in the cover letter, job series and grade of the position at the new location, and a copy of your training history. Your supervisor will forward it to the next level of management with his/her recommendation.
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Coordinates with the HCO, ETS, EO, with responsibilities for processing non-competitive actions, to ensure non-competitive reassignments and/or change to lower grade actions have cleared the special priority programs prior to processing the action.
The RIF separation date, retirement, or the date of separation from the IRS (including adverse action procedures for declining a directed reassignment or transfer of function to another local commuting area;
Cancellation of the RIF separation notice, CES, notice of proposed removal for declining a directed reassignment or transfer of function outside of the local commuting area, or other official IRS certification identifying the employee as surplus;
Example 1: An IR-01 employee accepts a RIF offer to a GS-14 position and converts out to a GS-14. The action is determined a reassignment which does not afford the employee grade retention and eligibility for referral under IRSPPP.
The IRS HCB must approve the use of RPP for specific RIF, realignment, reorganization, or competitive sourcing initiatives and, though rarely used, for directed reassignments outside the commuting area. The process will remain in effect until:
Will have the reassignment/change to lower grade action effected, if within the commuting area, no later than the beginning of the next pay period following the selection or outside the commuting area no later than 60 days after selection; and
Employees issued an RPP rescission notice after the closing date of a vacancy announcement for which they applied will retain reassignment preference for the life of the announcement. RPP consideration will terminate for a specific vacancy announcement when a rescission notice is issued before the closing date.
If the individual is qualified, he/she should be contacted, in writing, to schedule an interview or to inquire if they are available for the position. The written correspondence to the individual must clearly state that failure to respond will result in removal from the RPL. The letter should be sent by certified mail and all postal receipts maintained in the vacancy announcement folder. The individual should be given up to 10 calendar days to respond. A sample letter is found in Exhibit 6.330.1-19.
The Service provides a quarterly report of all competitive service vacancies to OPM when accepting applications from outside the agency (including applications for temporary positions lasting 121 or more days), except when they elect to fill a position by the transfer or reassignment of an ICTAP eligible from another agency.
It is important for you to know some key points you want to make when you have this conversation with your boss about a reassignment. You could make a list of items but try to keep your pitch brief. It is very acceptable to bring a small list into your conversation to help maintain a clear focus, but do not write out a whole script of how you would like the conversation to be. Your pitch will need to come out as natural and authentic as possible.
If you have a habit of requesting a reassignment then you need to know how often is too often to move. Look at your specific reasons for the reassignment and make sure that your reasons make sense not just to you, but also your boss. Up until quite recently, it used to look bad if an employee switched jobs, even within the same company more often than once every two years. While the IT industry has made changing jobs frequently more acceptable, doing it too often might make it look like a problem (or make YOU look like a problem to be exact). Therefore, it is prudent not to ask for reassignment and transfers too often. This might make you look unproductive and unstable. Think careful about any reassignments to make sure they match your long-term employment and personal goals.
The [name of department], department of [name of company] is accepting applications for [job title] and is considering internal hiring. I am submitting my CV for your consideration for a reassignment to this new position.
These are my thoughts on how you could ask your boss for a reassignment. Do share your experiences with our readers in the comments section below. I also encourage you to have a look at our blog post on how to deal with a boss who always undermines you.
Answer: Yes, if all other accommodation options have been exhausted. Reassignment is designated as a type of reasonable accommodation under the Americans with Disabilities Act. Under 29 CFR 1630.2, reassignment is a legal obligation if the agency cannot make minor job modifications or otherwise find an accommodation that will allow the employee with a disability to perform the essential functions of her position without causing an undue hardship on agency operations. Reassignment is referred to as the accommodation of last resort, a final opportunity for the individual to retain employment.
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