Printing - FECA-PT2 - National Association of Letter Carriers

action taken; and
(4) Statements from any other persons who may have knowledge of the alleged
harassment stating what they know and how they obtained such knowledge.
After all of the pertinent factual information has been obtained, the CE must determine whether
the alleged incidents of harassment actually occurred and, if so, whether they arose out of the
employment or were provoked by something occurring in the employee's private or domestic life;
that is, imported into the employment.
If it is established that the harassment arose out of the employment, the question of whether the
employee's claimed physical or mental disability is causally related to the harassment must be
determined in accordance with the procedures outlined in Chapter 2-805.
2-0804-13 Prohibited Activities
13. Prohibited Activities.
a. There may be no right to compensation where the injury occurs while the employee is
knowingly engaged in an act which has been prohibited by the employer. The test in such a case
is whether the injury was caused by the willful misconduct of the employee as outlined in 5 U.S.C.
8102(a)(1) and as covered in paragraph 13 of this chapter. In these cases it is essential to
determine whether the employee was fully aware of the prohibition, whether the prohibition was
enforced, the extent to which the employee had diverted from assigned duties, and whether the
particular act was within the general scope of the assigned duties. It is the responsibility of the CE
to obtain a statement from the official superior which:
(1) Identifies the full range of the employee's assigned duties;
(2) Fully describes the prohibited act in which the employee is accused of engaging;
(3) States how, when, and how often the employee or coworkers were informed of the
prohibition (copies of the notice should be obtained if it is asserted that written notification
of the prohibition had been given); and
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