§ 353.209 Retention protections

5 CFR 353.209(a)(a) During uniformed service. An employee may not be demoted or separated (other than military separation) while performing duty with the uniformed services except for cause. (Reduction in force is not considered “for cause” under this subpart.) He or she is not a “competing employee” under § 351.203 of this chapter. If the employee's position is abolished during such absence (as when an entire competitive area is abolished pursuant to § 351.605 of this chapter), the agency must reassign the employee to another position of like status and pay. If the entire agency is abolished and the employee's function has not been transferred to another agency, or if it is otherwise impossible or unreasonable for the agency to reassign the employee, OPM will offer placement assistance elsewhere in the executive branch to the employee pursuant to § 353.110.

5 CFR 353.209(b)(b) Upon reemployment. Except in the case of an employee under time-limited appointment who finishes out the unexpired portion of his or her appointment upon reemployment, an employee reemployed under this subpart may not be discharged, except for cause—

5 CFR 353.209(b)(1)(1) If the period of uniformed service was more than 180 days, within 1 year; and

5 CFR 353.209(b)(2)(2) If the period of uniformed service was more than 30 days, but less than 181 days, within 6 months.