Career and Career-Conditional Employment

SUMMARY: The Office of Personnel Management (OPM) is adopting policies

on the career-conditional employment system--on career tenure,

reinstatement, transfer, and probationary period requirements--

previously contained in the former Federal Personnel Manual. Except for

several minor adjustments, the previous policies remain intact.

EFFECTIVE DATE: November 15, 1995.

FOR FURTHER INFORMATION CONTACT: Lee Edwards on career tenure,

reinstatement and transfer. Raleigh Neville on probation. Both may be

reached at 202-606-0830, FAX 202-606-2329, or TDD 202-606-0023.

SUPPLEMENTARY INFORMATION: Career-conditional appointments are

permanent appointments to Federal competitive service positions. Under

prescribed conditions, employees acquire career tenure, have

reinstatement and transfer eligibility, and serve probation. On

December 30, 1994 (59 FR 68104), OPM issued interim regulations to

adopt policies on career tenure and reinstatement that were in chapter

315 of the former Federal Personnel Manual (FPM). The FPM expired on

December 31, 1994, and the interim rules were effective on January 1,

1995.

Earlier, on October 20, 1994 (59 FR 52925), OPM had proposed

changes to simplify career tenure and reinstatement, and to incorporate

into the regulations the FPM provisions on crediting prior service

toward probation. (The probationary provisions were inadvertently

omitted from the December 30, 1994, issuance.)

These final regulations adopt the proposed regulations on probation

and transfer and the interim regulations on career tenure and

reinstatement. OPM is deferring a decision on the proposed revisions to

Sec. 315.201 (tenure) and Sec. 315.401 (reinstatement) issued on

October 20, 1994 (59 FR 52925).

We received a total of 52 written comments, including letters from

14 agencies, two union locals, and 36 individuals. The major points are

discussed below.

Career Tenure

Currently, the interim rule at 5 CFR 315.201(a) requires 3 years of

continuous creditable service for an employee to acquire career tenure.

OPM proposed to link career tenure instead to completion of the

probationary period.

Recently, OPM also proposed to deregulate performance management,

including allowing as few as two levels for performance ratings (60 FR

5542). The impact of that change on the reduction in force (RIF)

process is unknown at this time although OPM will be reviewing the

matter (performance is one of four statutory factors that determine

retention standing). The proposed revision of career tenure also would

impact the outcome of the RIF process. This was a concern of some who

commented on the proposal. Rather than introduce another new variable

at a time when agencies may be facing a significant level of RIF

activity, OPM is deferring a decision on the career tenure proposal.

OPM received two comments on the December 30, 1994, interim

regulation at 5 CFR Sec. 315.201. One was outside the scope of the

regulation. The other suggested, and OPM adopted, a revision to

Sec. 314.201(b)(3)(x) to clarify that family members reinstated while

overseas are to be treated in the same manner as those returning to the

United States after breaks in service of more than 30 days. Otherwise,

OPM is adopting as final the interim rules on crediting service toward

career tenure.

Reinstatement and Transfer Eligibility

Reinstatement eligibility permits a former career or career-

conditional employee to be rehired without competing in a competitive

civil service examination (although they may have to compete under

merit promotion procedures). Career-conditional employees with

veterans' preference and career employees have unlimited reinstatement

eligibility.

A career-conditional employee who is not a preference eligible has

a 3-year limit on reinstatement eligibility (which may be extended

under certain circumstance). OPM proposed to drop this time limit but

is deferring action on the proposal. Thus, the 3-year limit on

reinstatement eligibility, as provided in the interim regulation,

remains in effect for career-conditional employees who are not

preference eligibles. The reinstatement authority in Sec. 31.5.401(a)

is clarified and a reference to ACTION in Sec. 315.401(c)(13) is

changed to the Corporation for National and Community Service to

reflect the current organizational title. Otherwise, OPM is adopting as

final the interim rule on reinstatement at Sec. 315.401.

Appointment by transfer between agencies, Sec. 314.501, is

clarified to state that transfer must be without a break of a workday.

A clarification was added to Sec. 314.502 to address the movement of a

career employee from a position required by law to be filled on a

permanent basis. Otherwise, the proposed rule on transfer is adopted

without change.

Probationary Period

OPM proposed to clarify basic requirements of the probationary

period for new appointments and for new supervisors and managers. Six

commenters addressed specific aspects of probation, but most were

outside the scope of OPM's proposals and are not dealt with here.

In reviewing the comments, however, we noted the proposed

regulation had omitted students serving under the Schedule B Student

Career Experience Program who have always been subject to probation

when noncompetively converted to a career or career-conditional

appointment under Executive Order 12015. We added these conversions to

Sec. 314.801. We changed a reference to ACTION in Sec. 315.802(c) to

the Corporation for National and Community Service. We also added a new

Sec. 315.906(e), as one commenter suggested, to address the crediting

of temporary service in a supervisory or managerial position that

occurs prior to

[[Page 53504]]

probation. Otherwise, OPM is adopting as proposed the provisions

dealing with probation.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic

impact on a substantial number of small entities because it pertains

only to Federal employees and agencies.

Executive Order 12866, Regulatory Review

This rule has been reviewed by the Office of Management and Budget

in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 315

Government employees.

Office of Personnel Management.

James B. King,

Director.

Accordingly, OPM is amending 5 CFR part 315, as follows:

PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT

1. The authority citation for part 315 continues to read as

follows:

Authority: 5 U.S.C. 1302, 3301, 3302; E.O. 10577, 3 CFR, 1954-

1958 Comp., page 218, unless otherwise noted.

Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652.

Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104.

Sec. 315.603 also issued under 5 U.S.C. 8151.

Sec. 315.605 also issued under E.O. 12034, 3 CFR, 1978 Comp., p.

111.

Sec. 315.606 also issued under E.O. 11219, 3 CFR, 1964-1965 Comp.,

p. 303.

Sec. 315.607 also issued under 22 U.S.C. 2506.

Sec. 315.608 also issued under E.O. 12721, 3 CFR, 1990 Comp., p.

293.

Sec. 315.610 also issued under 5 U.S.C. 3304(d).

Sec. 315.710 also issued under E.O. 12596, 3 CFR, 1987 Comp., p.

229.

Subpart I also issued under 5 U.S.C. 3321, E.O. 12107, 3 CFR, 1978

Comp., p. 264.

2. The interim rule amending Sec. 315.201 published on December 30,

1994 (59 FR 68104) is adopted as final, with the following change;

Sec. 315.201(b)(3)(x) is revised to read as follows:

Sec. 315.201 Service requirement for career tenure.

* * * * *

(b) * * *

(3) * * *

(x) Breaks that occur when a career-conditional employee leaves

Federal employment to accompany a spouse or parent (if the employee is

their unmarried child under 21 years of age) who is a member of the

Armed Forces or a Federal civilian employee on official assignment to

an overseas post of duty, provided the employee's separation from

employment occurs no more than 90 calendar days prior to going overseas

and reinstatement occurs while overseas or within 180 calendar days of

return to the United States. Overseas posts of duty are duty locations

outside the 50 States of the United States, the District of Columbia,

Guam, Puerto Rico, and the Virgin Islands.

* * * * *

3. The interim rule amending Sec. 315.401 published on December 30,

1994 (59 FR 68104) is adopted as final, with the following change;

Sec. 315.401 (a) and (c)(13) are revised to read as follows:

Sec. 315.401 Reinstatement.

(a) Agency authority. Subject to part 335 of this chapter and

paragraph (b) of this section, an agency may appoint by reinstatement

to a competitive service position a person who previously was employed

under career or career-conditional appointment (or equivalent).

(b) * * *

(c) * * *

(13) Volunteer service and training required prior to actual

enrollment as a volunteer with Peace Corps, VISTA, and other programs

of the Corporation for National and Community Service if it begins

within the period the person is eligible for reinstatement; and

* * * * *

4. Sections 315.501 and 315.502 are revised, to read as follows:

Sec. 315.501 Transfer.

Subject to part 335 of this chapter, an agency may appoint by

transfer to a competitive service position, without a break in service

of a single workday, a current career or career-conditional employee of

another agency.

Sec. 315.502 Tenure on transfer.

(a) General rule. Except as provided in paragraph (b) of this

section, a career employee who transfers remains a career employee and

a career-conditional employee who transfers remains a career-

conditional employee.

(b) Exceptions. (1) A career-conditional employee who transfers to

a position required by law to be filled on a permanent basis becomes a

career employee.

(2) A career employee who transfers from a position required by law

to be filled on a permanent basis becomes a career-conditional employee

unless he or she has completed the service requirement for career

tenure.

5. In Sec. 315.801, in paragraph (a)(5), the last word ``or'' is

removed; in paragraph (a)(6), the period at the end of the sentence is

removed and a semicolon is added; in paragraph (a)(7), the period at

the end of the sentence is removed and a semicolon is added; and

paragraphs (a)(8), (a)(9), and (d) are added, to read as follows:

Sec. 315.801 Probationary period; when required.

(a) * * *

(8) Was appointed under Sec. 315.608 and Executive Order 12721 as a

family member formerly stationed overseas; or

(9) Had employment converted in accordance with Executive Order

12015 from an appointment in the Student Career Experience Program

under Sec. 213.3202(b) of this chapter.

* * * * *

(d) Upon noncompetitive appointment to the competitive service

under the Postal Reorganization Act (39 U.S.C. 101 et seq.), an

employee of the Postal Career Service (including substitute and part-

time flexible) who has not completed 1 year of Postal service, must

serve the remainder of a 1-year probationary period in the new agency.

6. Section 315.802 is revised to read as follows:

Sec. 315.802 Length of probationary period; crediting service.

(a) The probationary period required by Sec. 315.801 is 1 year and

may not be extended.

(b) Prior Federal civilian service (including nonappropriated fund

service) counts toward completion of probation when the prior service:

(1) Is in the same agency, e.g., Department of the Army;

(2) Is in the same line of work (determined by the employee's

actual duties and responsibilities); and

(3) Contains or is followed by no more than a single break in

service that does not exceed 30 calendar days.

(c) Periods of absence while in a pay status count toward

completion of probation. Absence in nonpay status while on the rolls

(other than for compensable injury or military duty) is creditable up

to a total of 22 workdays. Absence (whether on or off the rolls) due to

compensable injury or military duty is creditable in full upon

restoration to Federal service. Nonpay time in excess of 22 workdays

extends the probationary period by an equal amount. An employee serving

probation who leaves Federal service to become a volunteer with the

Peace Corps or the Corporation for National and Community Service

serves the

[[Page 53505]]

remainder of the probationary period upon reinstatement provided the

employee is reinstated within 90 days of termination of service as a

volunteer or training for such service.

(d) The probationary period for part-time employees is computed on

the basis of calendar time, in the same manner as for full-time

employees. For intermittent employees, i.e., those who do not have

regularly scheduled tours of duty, each day or part of a day in pay

status counts as 1 day of credit toward the 260 days in a pay status

required for completion of probation. (However, the probationary period

cannot be completed in less than 1 year of calendar time.)

7. In Sec. 315.804, the existing text is designated as paragraph

(a) and paragraph (b) is added, to read as follows:

Sec. 315.804 Termination of probationers for unsatisfactory

performance or conduct.

* * * * *

(b) Probation ends when the employee completes his or her scheduled

tour of duty on the day before the anniversary date of the employee's

appointment. For example, when the last workday is a Friday and the

anniversary date is the following Monday, the probationer must be

separated before the end of the tour of duty on Friday since Friday

would be the last day the employee actually has to demonstrate fitness

for further employment.

8. Section 315.902 is revised to read as follows:

Sec. 315.902 Definitions.

In this subpart supervisory position and managerial position have

the meaning given them by the General Schedule Supervisory Guide.

9. In Sec. 315.906, paragraph (b) is revised and new paragraphs

(c), (d), and (e) are added, to read as follows:

Sec. 315.906 Crediting service toward completion of the probationary

period.

* * * * *

(b) Service on detail, temporary promotion, or reassignment to

another supervisory or managerial position while serving probation is

creditable toward completion of probation. Service in a nonsupervisory

or nonmanagerial position is not creditable.

(c) Absence in nonpay status while on the rolls (other than for

compensable injury or military duty) is creditable up to a total of 22

workdays. Absence (whether on or off the rolls) due to compensable

injury or military duty is creditable in full upon restoration to

Federal service. Nonpay time in excess of 22 workdays extends the

probationary period by an equal amount.

(d) Service during a probationary period from which an employee was

separated or demoted for performance or conduct reasons does not count

toward completion of probation required under a subsequent appointment.

In other situations in which an employee does not complete probation,

service is creditable as determined by agency policy.

(e) Temporary service in a supervisory or managerial position under

temporary appointment, promotion, or reassignment prior to probation is

creditable as determined by agency policy. Prior service under a detail

may be credited only when a detail to a supervisory or managerial

position is made permanent without a break in service.

10. In Sec. 315.907, paragraph (b) is revised to read as follows:

Sec. 315.907 Failure to complete the probationary period.

* * * * *

(b) A nonsupervisory or nonmanagerial employee who is demoted into

a position in which probation under Sec. 315.904 is required and who,

for reasons of supervisory or managerial performance, does not

satisfactorily complete the probationary period is entitled to be

assigned to a position at the same grade and pay as the position in

which he or she was serving probation. The employee is eligible for

repromotion in accordance with agency promotion policy.

[FR Doc. 95-25582 Filed 10-13-95; 8:45 am]

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