§ 752.201 Coverage

5 CFR 752.201(a)(a) Adverse actions covered. This subpart covers suspension for 14 days or less.

5 CFR 752.201(b)(b) Employees covered. This subpart covers:

5 CFR 752.201(b)(1)(1) An employee in the competitive service who has completed a probationary period, or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;

5 CFR 752.201(b)(2)(2) An employee in the competitive service serving in an appointment which requires no probationary period, and who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;

5 CFR 752.201(b)(3)(3) An employee with competitive status who occupies a position under Schedule B of part 213 of this chapter;

5 CFR 752.201(b)(4)(4) An employee who was in the competitive service at the time his or her position was first listed under Schedule A or B of the excepted service and still occupies that position;

5 CFR 752.201(b)(5)(5) An employee of the Department of Veterans Affairs appointed under 38 U.S.C. 7401(3); and

5 CFR 752.201(b)(6)(6) An employee of the Government Publishing Office.

5 CFR 752.201(c)(c) Exclusions. This subpart does not apply to a suspension for 14 days or less:

5 CFR 752.201(c)(1)(1) Of an administrative law judge under 5 U.S.C. 7521;

5 CFR 752.201(c)(2)(2) Taken for national security reasons under 5 U.S.C. 7532;

5 CFR 752.201(c)(3)(3) Taken under any other provision of law which excepts the action from subchapter I, chapter 75, of title 5, U.S. Code;

5 CFR 752.201(c)(4)(4) Of a re-employed annuitant;

5 CFR 752.201(c)(5)(5) Of a National Guard Technician; or

5 CFR 752.201(c)(6)(6) Taken under 5 U.S.C. 7515.

5 CFR 752.201(d)(d) Definitions. In this subpart—

5 CFR 752.201(d) (definition of "Current continuous employment")Current continuous employment means a period of employment immediately preceding a suspension action without a break in Federal civilian employment of a workday.

5 CFR 752.201(d) (definition of "Day")Day means a calendar day.

5 CFR 752.201(d) (definition of "Similar positions")Similar positions means positions in which the duties performed are similar in nature and character and require substantially the same or similar qualifications, so that the incumbent could be interchanged between the positions without significant training or undue interruption to the work.

5 CFR 752.201(d) (definition of "Suspension")Suspension means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.