§ 315.701 Incumbents of positions brought into the competitive service

5 CFR 315.701(a)(a) Employee coverage. This section applies to an employee retained under §§ 316.701 and 316.702 of this chapter who:

5 CFR 315.701(a)(1)(1) Was serving in a permanent excepted position under an appointment not limited to 1 year or less, or in a public or private enterprise in a position which the agency determines to be a continuing one, at the time his position was brought into the competitive service; and

5 CFR 315.701(a)(2)(2) Performed 6 months of satisfactory service immediately before the date his position was brought into the competitive service, in a position or positions brought into the competitive service, or in the civilian executive branch of the Government, unless OPM has excepted his particular type of case from this requirement.

5 CFR 315.701(b)(b) Eligibility for conversion. Within the time limits set forth in paragraph (c) of this section, the employment of an employee covered by paragraph (a) of this section may be converted to career or career-conditional employment.

5 CFR 315.701(c)(c) Time limits. Conversion may be initiated under paragraph (b) of this section only within 6 months after the position is brought into the competitive service, except that:

5 CFR 315.701(c)(1)(1) When it is necessary for OPM to determine that § 316.701 or § 316.702 applies to a group of positions, the recommendation shall be submitted within 6 months after OPM advises the agency of its determination; and

5 CFR 315.701(c)(2)(2) When an employee is absent on an assignment to an organization or agency from which reemployment rights are provided under part 352 of this chapter or by statute, the conversion shall be initiated within 6 months after the employee's return from such assignment, when reemployment occurs within the time limits prescribed in the applicable statute or regulation;

5 CFR 315.701(c)(3)(3) When an employee is absent on approved leave without pay, the conversion shall be initiated within 6 months of the employee's return to duty, when such return occurs within time limits authorized by the agency; and

5 CFR 315.701(c)(4)(4) When an employee who is serving on military duty or who is separated and rehired during the 6-month period after the position is brought into the competitive service is eligible for conversion under the provisions of § 315.603, the conversion shall be initiated within the time limits prescribed by that section.

5 CFR 315.701(d)(d) Tenure on approval of conversion. Upon conversion under paragraph (b) of this section, the employee becomes:

5 CFR 315.701(d)(1)(1) A career-conditional employee, except as provided in paragraph (b)(2) of this section;

5 CFR 315.701(d)(2)(2) A career employee when he has completed the service requirement for career tenure or is excepted from it by § 315.201(c).

5 CFR 315.701(e)(e) Acquisition of competitive status. A person whose employment is converted to career or career-conditional employment under this section acquires a competitive status automatically on completion of probation.

5 CFR 315.701(f)(f) Review of disapproved conversions. Agencies shall establish procedures for reviewing disapprovals of conversions under this section when such review is requested within 6 months after the date of the disapproval.