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§ 316.402 Procedures for making temporary appointments
Regulation
5 CFR 316.402
Text
11 passages
5 CFR 316.402(a)(a) Competitive temporary appointments. In accordance with the time limits in § 316.401, an agency may make a temporary appointment under part 332 of this chapter, by using competitive procedures, or under part 337 of this chapter, by using direct-hire procedures, as appropriate.
5 CFR 316.402(b)(b) Noncompetitive temporary appointments. In accordance with the time limits in § 316.401, an agency may give a noncompetitive temporary appointment, without regard to the requirements of parts 332 and 333 of this chapter, to an individual who is qualified for the position and who is eligible for:
5 CFR 316.402(b)(1)(1) Reinstatement under § 315.401 of this chapter;
5 CFR 316.402(b)(2)(2) Veterans recruitment appointment under § 307.103 of this chapter. Temporary limited appointments under this section are permitted only at the grade levels authorized for VRA appointments. Such appointments are not VRA appointments and do not lead to conversion to career-conditional appointment;
5 CFR 316.402(b)(3)(3) Career-conditional appointment under § 315.601, 315.604, 315.605, 315.606, 315.607, 315.608, 315.609, 315.612, 315.703, or 315.711 of this chapter;
5 CFR 316.402(b)(4)(4) Appointment under 5 U.S.C. 3112 (veterans with compensable service-connected disability of 30 percent or more). The disability must be documented by a notice of retirement or discharge due to service-connected disability from active military service dated at any time, or by a notice of compensable disability rating from the Department of Veterans Affairs, dated 1991 or later;
5 CFR 316.402(b)(5)(5) Appointment under 31 U.S.C. 732(g) for current and former employees of the General Accounting Office;
5 CFR 316.402(b)(6)(6) Appointment under 28 U.S.C. 602 for current and former employees of the Administrative Office of the U.S. Courts;
5 CFR 316.402(b)(7)(7) Reappointment on the basis of being a former temporary employee of the agency who was originally appointed from a certificate of eligibles or under the provisions of part 333 of this chapter. An agency may not reappoint a former temporary employee if the individual has already served the maximum time allowed in § 316.401 or if the position has been filled under temporary appointment for the maximum time allowed in § 316.401. Reappointment must be to the same position or another position appropriate for temporary appointment with the same qualification requirements;
5 CFR 316.402(b)(8)(8) Reappointment on the basis of being a former temporary employee who was originally appointed from a certificate of eligibles or under the provisions of part 333 of this chapter and who sustained a compensable injury while serving on the temporary appointment. Reappointment must be to the same position or another position appropriate for temporary appointment with the same qualification requirements. If the compensable injury disqualifies the former individual from performing such a position, reappointment may be to any position for which the individual is qualified. Reappointment must be for a minimum of 120 days.
5 CFR 316.402(c)(c) Extension of temporary appointments. An individual who receives a valid temporary appointment will be eligible for an extension in accordance with § 316.401 even if his or her eligibility for noncompetitive appointment expires or is lost during the authorized period of temporary employment.
About
- Type
- Regulation section
- Citation
- 5 CFR 316.402
- Last amended
- 2026-09-02
Amendment history
- 2026-09-02Procedures for making temporary appointments
- 2026-08-25Procedures for making temporary appointments
- 2016-12-27Procedures for making temporary appointments
Cited by
- Reduction in Force; CorrectionFederal Register · 2026-08-25
- Noncompetitive Appointment of Certain Military SpousesFederal Register · 2021-09-21
- Noncompetitive Appointment of Certain Military SpousesFederal Register · 2009-08-12
- Noncompetitive Appointment of Certain Military SpousesFederal Register · 2008-12-05
- Disabled Veterans DocumentationFederal Register · 2008-10-14
- Disabled Veterans DocumentationFederal Register · 2007-08-20
- Organization of the Government for Personnel Management, Overseas Employment, Temporary and Term Employment, Recruitment and Selection for Temporary and Term Appointments Outside the Register, Examining System, and TrainingFederal Register · 2004-06-15
- Organization of the Government for Personnel Management, Overseas Employment, Temporary and Term Employment, Recruitment and Selection for Temporary and Term Appointments Outside the Register, Examining System, and TrainingFederal Register · 2003-06-13
- Temporary and Term EmploymentFederal Register · 1998-11-17