mission that his work performance for the past 12 months has been satisfactory;

(3) He passes a suitable noncompetitive examination; and

(4) He meets Commission qualification requirements for the position and is otherwise eligible for career employment.

This paragraph does not apply to an employee serving under an overseas limited appointment, in the postal field service, or above GS-15.

(b) Postal field service. An employee serving after February 7, 1968, in a competitive position in the postal field service under a temporary appointment without a definite time limitation acquires competitive status and is entitled to have his employment converted to career employment when:

(1) In each year of the 3-year period immediately preceding the date of the recommendation for conversion, he was paid for not less than 700 hours of work in a position in the postal field service under an appointment without a definite time limitation;

(2) The appointing authority (i) recommends to the Commission that his appointment be converted to career employment and (ii) certifies to the Commission that his work performance for the past 12 months has been satisfactory; however, the conversion of the appointment of a substitute postal field service employee may be effected only as a career substitute vacancy is available under section 3302 of title 39, United States Code;

(3) He passes a suitable noncompetitive examination; and

(4) He meets Commission qualification requirements for the position and is otherwise eligible for career appointment.

This paragraph does not apply to an employee serving in a position of postmaster or rural carrier.

(c) Creditable service. (1) In computing creditable service under paragraph (a) or (b) of this section for an employee who left a competitive position in which he was serving under a qualifying appointment covered in paragraph (a) or (b) of this section to enter the armed forces and who is reemployed in such a position within 120 calendar days after separation under honorable conditions, the period from the date he left

his position to the date he is reemployed is creditable.

(2) The Commission shall publish in the Federal Personnel Manual the conditions under which full-time, part-time, and intermittent employment is creditable in meeting the service requirement under paragraph (a) of this section.

(d) Termination after failure to meet conversion requirements. An employing agency shall terminate an employee covered by paragraph (a) of this section not later than 90 days after he completes the 3-year service requirement referred to in paragraph (a)(1) of this section, if he has not met the requirements and conditions of paragraph (a) (2) through (4) of this section before the end of the 90-day period. For an employee who has completed the 3-year service requirement before February 8, 1968, the 90-day period begins on February 8, 1968. For an employee who is reemployed after intervening service in the armed forces, the 90-day period begins on the date of reemployment if his combined civilian and military service satisfies the 3-year service requirement on that date.

(e) Administrative error. When an employee has met the service requirement under paragraph (a) (1) or (b) (1) of this section but a timely recommendation has not been made for conversion of his appointment under this section, the Commission may, within its discretion, on a showing that the employing agency failed to recommend him because of administrative error or oversight, authorize the employing agency to recommend him for conversion as of the date on which he met the service requirement.

(5 U.S.C. 3304a, 39 U.S.C. 3303)

§ 315.703b Employees serving under transitional or veterans readjustment appointments.

(a) Agency action. (1) An agency shall convert the employment of an employee who has served continuously under a transitional appointment for at least 1 year to career or career-conditional employment within 90 calendar days after he completes the program of education or training approved for him. (2) Within 30 calendar days after an employee completes (i) 2 years of substantially continuous service under a veterans readjustment appointment or under a combination of transitional and veterans readjustment appointments and

(ii) his training or educational programs, the employing agency shall convert his appointment to career or careerconditional employment.

(b) Tenure. Upon conversion of his employment, the employee becomes:

(1) A career-conditional employee, except as provided in subparagraph (2) of this pargaraph;

(2) A career employee if he has completed the service requirement for career tenure or is excepted from it by § 315.201 (c).

(c) Acquisition of competitive status. An employee whose employment is converted to career or career-conditional employment under this section acquires a competitive status automatically on conversion.

(E.O. 11521; 3 CFR, 1970 Comp.) [35 F.R. 5661, Apr. 8, 1970]

§ 315.704 Disqualifications.

Any law, executive order, or civil service rule or regulation which would disqualify an applicant for appointment shall also disqualify an employee for conversion of his employment to career or career-conditional employment under this subpart.

Subpart H-Probation

§ 315.801 Probationary period; when required.

(a) The first year of service of an employee who is given a career or careerconditional appointment under this part is a probationary period when the employee:

(1) Was appointed from a register;

(2) Was reinstated under § 315.401, unless during any period of service which affords a current basis for reinstatement, the employee completed a probationary period or served with competitive status under an appointment which did not require him to serve a probationary period;

(3) Was appointed under § 315.601(a) as a former employee of the Canal Zone Merit System, unless he satisfactorily completed a 1-year probationary period under that system;

(4) Was appointed under § 315.603 (a) (2) on the basis of his former incumbency of a position brought into the competitive service;

(5) Has had his employment converted under § 315.701 or § 315.703 from another type of employment; or (6) Was appointed under § 315.605 as

a former Peace Corps volunteer or volunteer leader.

(b) A person who is:

(1) Transferred under § 315.501; or (2) Promoted, demoted, or reassigned; before he completed probation is required to complete the probationary period in the new position.

(c) A person who is reinstated from the Reemployment Priority List to a position in the same agency and the same commuting area does not have to serve a new probationary period, but, if separated during probation, is required to complete the probationary period in the new position.

§ 315.802 Length of probationary period.

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

(b) The Commission shall publish in the Federal Personnel Manual a statement of the conditions under which prior service is counted toward completion of a probationary period.

§ 315.803 Agency action during probationary period (general).

The agency shall utilize the probationary period as fully as possible to determine the fitness of the employee and shall terminate his services during this period if he fails to demonstrate fully his qualifications for continued employment.

§ 315.804 Termination of probationers for unsatisfactory performance or conduct.

When an agency decides to terminate an employee serving a probationary or trial period because his work performance or conduct during this period fails to demonstrate his fitness or his qualifications for continued employment, it shall terminate his services by notifying him in writing as to why he is being separated and the effective date of the action. The information in the notice as to why the employee is being terminated shall, as a minimum, consist of the agency's conclusions as to the inadequacies of his performance or conduct.

his appointment, the employee is entitled to the following:

(a) Notice of proposed adverse action. The employee is entitled to an advance written notice stating the reasons, specifically and in detail, for the proposed action.

(b) Employee's answer. The employee is entitled to a reasonable time for filing a written answer to the notice of proposed adverse action and for furnishing affidavits in support of his answer. If the employee answers, the agency shall consider the answer in reaching its decision.

(c) Notice of adverse decision. The employee is entitled to be notified of the agency's decision at the earliest practicable date. The agency shall deliver the decision to the employee at or before the time the action will be made effective. The notice shall be in writing, inform the employee of the reasons for the action, inform the employee of his right of appeal to the appropriate office of the Commission, and inform him of the time limit within which the appeal must be submitted as provided in § 315.806(d). § 315.806

sion.

Appeal rights to the Commis

(a) Right of appeal. An employee may appeal to the Commission in writing an agency's decision to terminate him under § 315.804 or § 315.805 only as provided in paragraphs (b) and (c) of this section. The Commission's review is confined to the issues stated in paragraphs (b) and (c) of this section.

(b) On discrimination. (1) An employee may appeal under this subparagraph a termination which he alleges was based on discrimination because of race, color, religion, sex, or national origin. The Commission refers the issue of discrimination to the agency for investigation of that issue and a report thereon to the Commission.

(2) An employee may appeal under this subparagraph a termination not required by statute which he alleges was based on political reasons or marital status or a termination which he alleges resulted from improper discrimination because of physical handicap.

(c) On improper procedure. A probationer whose termination is subject to § 315.805 may appeal on the ground that his termination was not effected in accordance with the procedural requirements of that section.

(d) Time limits. An employee may submit an appeal at any time after receipt of the notice of adverse decision, but not later than 15 calendar days after the termination has been effected. The Commission may extend the time limit in this paragraph when the appellant shows that he was not notified of the time limit and was not otherwise aware of it, or that he was prevented by circumstances beyond his control from appealing within the time limit.

[33 F.R. 12418, Sept. 4, 1968, as amended at 34 F.R. 5367, Mar. 18, 1969]

Subpart G-Retention of Incumbents of Positions Brought Into the Competitive Service

Sec. 316.701 Public or private enterprise taken over by Government.

316.702 Excepted positions brought into the competitive service. 816.703 Effect on tenure of position change of status quo employees.

Subpart H-Separation of Temporary, Term, and Indefinite Employees

316.801 Displacement of temporary, term, and indefinite employees.

AUTHORITY: The provisions of this Part 316 issued under 5 U.S.C. 3301, 3302, E.O. 10577; 3 CFR, 1954-1958 Comp., p. 218, unless otherwise noted.

SOURCE: The provisions of this Part 316 appear at 33 F.R. 12423, Sept. 4, 1968, unless otherwise noted.

Subpart A-[Reserved]

Subpart B-TAPER Employment § 316.201

a

Purpose and duration.

The Commission may authorize an agency to fill a vacancy by a temporary appointment pending establishment of register ("TAPER" appointment) when there are insufficient eligibles on a register appropriate for filling the vacancy in a position that will last for a period of more than 1 year and the public interest requires that the vacancy be filled before eligibles can be certified. TAPER employment may continue only for the period necessary to make an appointment through certification. § 316.202

Eligibility of TAPER employees for within-grade increases. A TAPER employee serving in a position subject to the General Schedule is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter.

Subpart C-Term Employment § 316.301

Purpose and duration.

The Commission may authorize an agency to make a term appointment for a period of more than 1 year on request of the agency and after determination by the Commission that the needs of the service so require and that the employment need is for a limited period of 4 years or less.

§ 316.302 Selection of term employees. (a) Except as provided in paragraphs (b) and (c) of this section, when mak

ing a term appointment an agency shall select an eligible from a register.

(b) The Commission may authorize an agency to make term appointments outside a register when there are insufficient eligibles on the appropriate register.

(c) When the Commission has authorized an agency to make term appointments, the agency may give a term appointment to a person with eligibility for reinstatement, without regard to the existence of an appropriate register. § 316.303 Tenure of term employees.

(a) A term employee does not acquire a competitive status on the basis of his term appointment.

(b) The employment of a term employee ends automatically on the expiration of his term appointment unless he has been separated earlier in accordance with this chapter.

§ 316.304 Trial period.

(a) The first year of service of a term employee is a trial period.

(b) The agency may terminate a term employee at any time during the trial period. The employee is entitled to the procedures set forth in § 315.804

or

§ 315.805 of this chapter as appropriate. § 316.305 Eligibility for within-grade increases.

A term employee serving in a position subject to the General Schedule is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter.

Subpart D-Temporary Limited
Employment

Manual or as provided in paragraph (b) of this section.

(b) Noncompetitive temporary limited appointments. An agency may give a temporary limited appointment, without regard to the existence of an appropriate register, to:

(1) A person with eligibility for reinstatement;

(2) A person eligible for career or career-conditional appointment under § 315.601 of this chapter;

(3) A person who meets the requirements for indefinite appointment under § 316.501;

(4) A former temporary employee of the agency who was originally appointed from a register, subject to the conditions published by the Commission in the Federal Personnel Manual; and

(5) A person eligible for career or career-conditional appointment under § 315.605 of this chapter.

(76A Stat. 18; 2 C.Z.C. 149 (c) (2); E.O. 9830; 3 CFR 1943-1948 Comp., p. 606; E.O. 11103: 3 CFR, 1959-1963 Comp., p. 762)

Subpart E-Indefinite Employment

§ 316.501 Authorities for indefinite appointment; restrictions on.

(a) An agency may give an indefinite appointment to a person without competitive status who last served as an indefinite employee in a competitive position when:

(1) He has received a notice of separation because of reduction in force and is selected not later than 90 days after his separation because of reduction in force;

(2) He is unable to move with his office to a different locality and is selected after receiving notification that his office is to move but not later than 90 days after his separation because of inability to move with his office; or

(3) He entered the military service while serving under an indefinite appointment and is selected not later than 90 days after his honorable separation from the military service.

(b) An agency may not make an indefinite appointment to a position for which an initial overseas limited appointment is authorized under Subpart B of Part 301 of this chapter.

§ 316.502 Trial period.

(a) Except as provided in paragraphs (b) and (c) of this section, the first year of service is a trial period in the case of a person:

(1) Who is given an indefinite appointment; or

(2) Who at the time of separation from indefinite appointment was serving a trial period and was appointed after a break in service of at least 1 workday.

(b) A person who at the time of separation from indefinite appointment was serving a trial period and was appointed without a break in service of 1 workday, is required to complete the trial period in the new position.

(c) A person who has satisfactorily complete a trial period of 1 year is not required to serve a trial period when he is given an indefinite appointment.

(d) The agency may terminate an indefinite employee at any time during the trial period. The employee is entitled to the procedures set forth in § 315.804 or § 315.805 of this chapter, as appropriate. § 316.503 Tenure of indefinite employ

ees.

(a) An indefinite employee does not acquire a competitive status on the basis of his indefinite appointment.

(b) An agency may retain an indefinite employee on an indefinite basis, subject to his displacement under § 316.801. § 316.504 Eligibility of indefinite employees for within-grade increases.

An indefinite employee serving in a position subject to the General Schedule is eligible for within-grade increases in accordance with Subpart D of Part 531 of this chapter.

Subpart F-Appointment Without Competitive Examination in Rare Cases

§ 316.601

com

Appointment without petitive examination in rare cases. (a) The Commission may authorize an agency to make an appointment without competitive examination when the Commission:

(1) Finds that the duties and compensation of the position are such, or that qualified persons are so rare, that in the interest of good civil service administration the position cannot be filled through open competitive examination; and

(2) Receives satisfactory evidence of the qualifications of the person to be appointed.

(b) A person appointed under paragraph (a) of this section does not acquire a competitive status on the basis of that appointment.

(c) When a position filled under para