legal · go-v.org

Reassignments.

CFR · 2024-01-01 · US · Title 5

(a) In this section, (b) A career appointee may be reassigned to any SES position for which qualified in accordance with the following conditions: (1) (2) (c) A career appointee may not be involuntarily reassigned within 120 days after the appointment of the head of an agency, or within 120 days after the appointment of the career appointee's most immediate supervisor who is a noncareer appointee and who has the authority to make an initial appraisal of the career appointee's performance under subpart C of part 430 of this chapter. (1) In this paragraph— (i) (ii) (2) These restrictions do not apply to the involuntary reassignment of a career appointee under 5 U.S.C. 4314(b)(3) based on a final performance rating of “Unsatisfactory” that was issued before the appointment of a new agency head or a new noncareer supervisor as defined in paragraph (c)(1) of this section. If a moratorium is already underway at the time the final rating is issued, then that moratorium must be completed before the reassignment action can be effected. (3) A voluntary reassignment during the 120-day period is permitted, but the appointee must agree in writing before the reassignment. (4) For the purpose of calculating the 120-day period, any days, not to exceed a total of 60, during which the career appointee is serving on a detail or other temporary assignment apart from the appointee's regular position shall not be counted. Any days in excess of 60 days on one or more details or other temporary assi

official document · source cfr-2024 · id 5:§ 317.901