351.1001 Establishment of list. [Amended] AUTHORITY: The provisions of this Part 351 issued under secs. 11, 12, 19, 58 Stat. 390, 391, as amended; 5 U.S.C. 860, 861, 868, unless otherwise noted. SOURCE: The provisions of this Part 351 appear at 28 F.R. 10062, Sept. 14, 1963, unless otherwise noted. Subpart E-Retention Standing § 351.506 Effective date of retention standing. Except for the correction of an administrative error: (a) The retention standing of each employee released from his competitive level in the order prescribed in § 351.602 is determined as of the date he is so released. (b) The retention standing of each employee temporarily retained in his competitive level under § 351.608 is determined as of the date he would have been released from his competitive level had temporary retention action under § 351.608 not been taken. The retention standing of each employee so retained remains fixed until the completion of the reduction-in-force action which resulted in his temporary retention. [30 FR. 2397, Feb. 24, 1965] retain an employee for 90 days or less after the effective date of release from the same competitive level of a higherstanding employee to continue an activity without undue interruption, or to satisfy a Government obligation to the retained employee, or when the temporary retention of the lower-standing employee does not adversely affect the rights of any higher-standing employee who is released ahead of him. The temporary retention of a lower-standing employee on sick leave as a permissive exception may exceed 90 days but may not exceed the date of exhaustion of his sick leave. When the agency retains an employee for more than 30 days after the effective date of release from the same competitive level of a higherstanding employee, it shall notify in writing each higher-standing employee of the reasons for the exception and the date the lower-standing employee's retention will end. When the agency retains a lower-standing employee for 30 days or less it shall list opposite his name on the retention register the reasons for the exception and the date his retention will end. [30 F.R. 1173, Feb. 4, 1965] Subpart H-Notice to Employee § 351.803 General and specific notices. When an agency cannot determine specifically all individual actions at the start of the notice period, it may issue general notices which shall be supplemented by specific notices. The combined contents of the general and specific notices shall meet the requirements in § 351.802. When an agency issues a general notice, the notice period begins the day after the employee receives the general notice. An agency may cancel an unexpired general notice, or may renew it for additional periods within the maximum notice period referred to in § 351.801. A general notice expires as stated therein unless, on or before the expiration date, the employee receives a renewal of the general notice or a specific notice. A general notice expires no later than at a time that will allow 5 days before the end of the maximum notice period. When a general notice is supplemented by a specific notice, an agency may not release an employee from his competitive level until at least 5 days after the employee's receipt of the specific notice. [30 F.R. 1173, Feb. 4, 1965] § 351.804 Content of general notice. A general notice shall inform the employee that action under this part may be necessary but that the agency has determined no specific action in his case. The notice shall state that as soon as the agency determines what action, if any, will be taken under this part the employee will receive specific notice of the action to be taken. The general notice shall state that it will expire as stated therein unless, on or before the expiration date, it is renewed or supplemented by a specific notice. A general notice shall inform the employee that he should not appeal to the Commission before he receives a specific notice, and it may include any other information specified in § 351.802. [30 F.R. 1173, Feb. 4, 1965] A general notice expires as provided in § 351.803. A specific notice expires except when followed by the action specified, or by action less severe than specified, in the notice or in an amendment made to the notice before the agency takes the action. The agency may not take the action before the effective date specified in the specific notice. An action taken after the specified date in the specific notice shall not be ruled invalid for that reason except when it is challenged by a higher-standing employee in the competitive level who is reached out of order for reduction in force as a result of the action or except when it results in a notice period longer than the maximum allowed. [30 F.R. 1173, Feb. 4, 1965] (b) When an agency separates a group I or II employee from a competitive position overseas or in Alaska, it shall enter his name on the reemployment priority list for the area in which the position is located, except (1) when he leaves that area or (2) when the agency has a general program for rotating employees between overseas areas and the United States, and the employee's immediately preceding overseas service or residence combined with prospective overseas service under available appointments exceeds the maximum duration of an overseas duty tour in the agency's rotation program. On the request of an employee who leaves the area, the agency shall enter his name on its reemployment priority list for the commuting area from which he was employed for overseas or Alaskan service or for another area (except overseas or Alaska) mutually acceptable to him and the agency. An agency may delete an employee's name from the list for one of the reasons in paragraph (a) of this section, and shall delete it from an overseas or Alaskan list when he leaves the area covered by that list or becomes disqualified for overseas appointment because of his previous service or residence. (5 U.S.C. 1302, 3502) [Paragraph (b) amended, 31 F.R. 13521, Oct. 20, 1966] SOURCE: The provisions of this Part 352 appear at 28 F.R. 10065, Sept. 14, 1963, unless otherwise noted. Subpart C-Detail and Transfer of Federal Employees to International Organizations AUTHORITY: The provisions of this Subpart C issued under sec. 5, 72 Stat. 961; 5 U.S.C. 2334, E.O. 10804, 24 F.R. 1147, 3 CFR, 1959– 1963 Comp. § 352.307 Eligibility for transfer. An employee, as defined in section 2 of the Act, is eligible for transfer to an international organization with the rights provided for in, and in accordance with, the Act and this subpart, except the following: (a) A Presidential appointee (other than a postmaster or a Foreign Service officer), regardless of whether his appointment was made by and with the advise and consent of the Senate. [Paragraph (a) amended, 29 F.R. 2301, Feb. 8, 1964] (c) To the extent he considers justified, the head of each department may waive the limitation contained in section 12(a)(3) of the Act for each employee serving in a work-study program when all of the following conditions are met: (1) The employee is serving under career or career-conditional appointment, or under appointment authorized by § 213.3202 (a) of Schedule B of this chapter; [Subparagraph (1) amended, 30 F.R. 3349, Mar. 12, 1965] (d) To the extent he considers justified, the head of each department may also waive the limitation in section 12 (a)(3) of the Act for an employee in a professional position in the field of natural or mathematical science or engineering when all of the following conditions are met: (1) The employee is serving under a career or career-conditional appointment or under an excepted appointment without time limitation; (2) Postponement of the training until the employee completes the current 10year period of service prescribed by section 12(a) (3) of the Act would be detrimental to the development of skills, abilities, or knowledges needed by the employee for the performance of official duties; and (3) The training would not cause the total of training by, in, or through nonGovernment facilities to exceed 2 years in the current 10-year period of the employee's service. [Paragraph (d) added, 29 F.R. 5869, May 5, 1964] cash or in kind) incident to training in non-Government facilities or to accept payment (in cash or in kind) of travel, subsistence, and other expenses incident to attendance at meetings if the contribution, award, or payment is made either by an organization determined by the Secretary of the Treasury to be an organization described in section 501 (c) (3) of the Internal Revenue Code of 1954 which is exempt from taxation under section 501(a) of that code, or by an organization to which the prohibitions in 18 U.S.C. 209 do not apply, and if, in the judgment of the head of the department or his designated representative, the following two conditions are met: (a) The contribution, award, or payment is not a reward for services to the organization prior to the training or meeting; and (b) Acceptance of the contribution, award, or payment: (1) Would not reflect unfavorably on the ability of the employee to carry out his official duties in a fair and objective manner; (2) Would not compromise the honesty and integrity of Government programs or of Government employees and their official actions or decisions; (3) Would be compatible with the Code of Ethics for Government Service expressed in House Concurrent Resolution 175, 85th Congress, 2d Session; and (4) Would otherwise be proper and ethical for the employee concerned under the circumstances in his particular case. [29 F.R. 11960, Aug. 21, 1964] |