Permissive temporary exceptions.

CFR · 2024-01-01 · US · Title 5

(a) (2) After the effective date of a reduction in force action, an agency may not amend or cancel the reduction in force notice of an employee retained under a temporary exception so as to avoid completion of the reduction in force action. This does not preclude the employee from receiving or accepting a job offer in the same competitive area in accordance with a Reemployment Priority List established under part 330, subpart B, of this chapter, or under a Career Transition Assistance Plan established under part 330, subpart E, of this chapter, or equivalent programs. (b) (c) (d) (e)(1) An agency may make a temporary exception to retain on accrued annual leave a lower standing employee who: (i) Is being involuntarily separated under this part; (ii) Is covered by a Federal leave system under authority other than chapter 63 of title 5, United States Code; and, (iii) Will attain first eligibility for an immediate retirement benefit under 5 U.S.C. 8336, 8412, or 8414 (or other authority), and/or establish eligibility under 5 U.S.C. 8905 (or other authority) to carry health benefits coverage into retirement during the period represented by the amount of the employee's accrued annual leave. (2) An agency may not approve an employee's use of any other type of leave after the employee has been retained under this paragraph (e). (3) This exception may not exceed the date the employee first becomes eligible for immediate retirement or for continuation of health benefits into retirement

official document · source cfr-2024 · id 5:§ 351.608