[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Rules and Regulations]
[Pages 53503-53505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25582]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 199 / Monday, October 16, 1995 / 
Rules and Regulations  

[[Page 53503]]


OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 315

RIN 3206-AG55


Career and Career-Conditional Employment

AGENCY: Office of Personnel Management.

ACTION: Final rule.

-----------------------------------------------------------------------

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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