(a) (1) When
the Board appeals and the case involves removal, separation, or suspension
continuing beyond the date of the appeal, and when the administrative
judge orders retroactive restoration, the Board shall comply with
the decision to the extent of the temporary or conditional restoration
of the employee to duty status in the position specified in the decision,
pending the outcome of the Board appeal. The employee may decline
the offer of interim relief.
(2)
Service under the temporary or conditional restoration provisions
of paragraph (a)(1) of this section shall be credited toward the completion
of a probationary or trial period, eligibility for a within-grade
increase, or the completion of the service requirement for career
tenure, if the Commission upholds the decision on appeal. Such service
shall not be credited toward the completion of any applicable probationary
or trial period or the completion of the service requirement for career
tenure if the Commission reverses the decision on appeal.
(3) When the Board appeals, it may delay
the payment of any amount, other than prospective pay and benefits,
ordered to be paid to the complainant until after the appeal is resolved.
If the Board delays payment of any amount pending the outcome of the
appeal and the resolution of the appeal requires the Board to make
the payment, then the Board shall pay interest from the date of the
original decision until payment is made.
(4) The Board shall notify the Commission
and the employee in writing at the same time it appeals that the relief
it provides is temporary or conditional and, if applicable, that it
will delay the payment of any amounts owed but will pay interest as
specified in paragraph (b)(2) of this section. Failure of the Board to provide
notification will result in the dismissal of the Board’s appeal.
(5) The Board may, by notice to the
complainant, decline to return the complainant to his or her place
of employment if it determines that the return or presence of the
complainant will be unduly disruptive to the work environment. However,
prospective pay and benefits must be provided. The determination not
to return the complainant to his or her place of employment is not
reviewable. A grant of interim relief does not insulate a complainant
from subsequent disciplinary or adverse action.
8-512
(b) If the Board
files an appeal and has not provided required interim relief, the
complainant may request dismissal of the Board’s appeal. Any such
request must be filed with the Office of Federal Operations within
25 days of the date of service of the Board’s appeal. A copy of the
request must be served on the Board at the same time it is filed with
EEOC. The Board may respond with evidence and argument to the complainant’s
request to dismiss within 15 days of the date of service of the request.
