§ 752.401 Coverage

5 CFR 752.401(a)(a) Adverse actions covered. This subpart applies to the following actions:

5 CFR 752.401(a)(1)(1) Removals;

5 CFR 752.401(a)(2)(2) Suspensions for more than 14 days, including indefinite suspensions;

5 CFR 752.401(a)(3)(3) Reductions in grade;

5 CFR 752.401(a)(4)(4) Reductions in pay; and

5 CFR 752.401(a)(5)(5) Furloughs of 30 days or less.

5 CFR 752.401(b)(b) Actions excluded. This subpart does not apply to:

5 CFR 752.401(b)(1)(1) An action imposed by the Merit Systems Protection Board under the authority of 5 U.S.C. 1215;

5 CFR 752.401(b)(2)(2) The reduction in grade of a supervisor or manager who has not completed the probationary period under 5 U.S.C. 3321(a)(2) if such a reduction is to the grade held immediately before becoming a supervisor or manager;

5 CFR 752.401(b)(3)(3) A reduction-in-force action under 5 U.S.C. 3502;

5 CFR 752.401(b)(4)(4) A reduction in grade or removal under 5 U.S.C. 4303;

5 CFR 752.401(b)(5)(5) An action against an administrative law judge under 5 U.S.C. 7521;

5 CFR 752.401(b)(6)(6) A suspension or removal under 5 U.S.C. 7532;

5 CFR 752.401(b)(7)(7) Actions taken under any other provision of law which excepts the action from subchapter II of chapter 75 of title 5, United States Code;

5 CFR 752.401(b)(8)(8) Action that entitles an employee to grade retention under part 536 of this chapter, and an action to terminate this entitlement;

5 CFR 752.401(b)(9)(9) A voluntary action by the employee;

5 CFR 752.401(b)(10)(10) Action taken or directed by the Office of Personnel Management under part 731 of this chapter;

5 CFR 752.401(b)(11)(11) Termination of appointment on the expiration date specified as a basic condition of employment at the time the appointment was made;

5 CFR 752.401(b)(12)(12) Action that terminates a temporary or term promotion and returns the employee to the position from which temporarily promoted, or to a different position of equivalent grade and pay, if the agency informed the employee that it was to be of limited duration;

5 CFR 752.401(b)(13)(13) Cancellation of a promotion to a position not classified prior to the promotion;

5 CFR 752.401(b)(14)(14) Placement of an employee serving on an intermittent or seasonal basis in a temporary nonduty, nonpay status in accordance with conditions established at the time of appointment;

5 CFR 752.401(b)(15)(15) Reduction of an employee's rate of basic pay from a rate that is contrary to law or regulation, including a reduction necessary to comply with the amendments made by Public Law 108-411, regarding pay-setting under the General Schedule and Federal Wage System and regulations in this subchapter implementing those amendments;

5 CFR 752.401(b)(16)(16) An action taken under 5 U.S.C. 7515.; or

5 CFR 752.401(b)(17)(17) An action taken against a technician in the National Guard concerning any activity under 32 U.S.C. 709(f)(4), except as provided by 32 U.S.C. 709(f)(5).

5 CFR 752.401(b)(18)(18) Action by the agency or OPM that reduces or terminates a critical position pay rate under 5 U.S.C. 5377, if the agency informed the employee that the rate is approved on a time-limited basis, subject to annual review and reapproval, and may be reduced or terminated by the agency or OPM if determined to no longer be needed. (See also §§ 535.106 and 535.107 of this chapter.)

5 CFR 752.401(c)(c) Employees covered. This subpart covers:

5 CFR 752.401(c)(1)(1) A career or career conditional employee in the competitive service who is not serving a probationary period;

5 CFR 752.401(c)(2)(2) An employee in the competitive service—

5 CFR 752.401(c)(2)(i)(i) Who is not serving a probationary period under an initial appointment; or

5 CFR 752.401(c)(2)(ii)(ii) Who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;

5 CFR 752.401(c)(3)(3) An employee in the excepted service who is a preference eligible in an Executive agency as defined at section 105 of title 5, United States Code, the U.S. Postal Service, or the Postal Regulatory Commission and who has completed 1 year of current continuous service in the same or similar positions;

5 CFR 752.401(c)(4)(4) A Postal Service employee covered by Public Law 100-90 who has completed 1 year of current continuous service in the same or similar positions and who is either a supervisory or management employee or an employee engaged in personnel work in other than a purely nonconfidential clerical capacity;

5 CFR 752.401(c)(5)(5) An employee in the excepted service who is a nonpreference eligible in an Executive agency as defined at 5 U.S.C. 105, and who has completed 2 years of current continuous service in the same or similar positions under other than a temporary appointment limited to 2 years or less;

5 CFR 752.401(c)(6)(6) An employee with competitive status who occupies a position in Schedule B of part 213 of this chapter;

5 CFR 752.401(c)(7)(7) 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 who still occupies that position;

5 CFR 752.401(c)(8)(8) An employee of the Department of Veterans Affairs appointed under 38 U.S.C. 7401(3); and

5 CFR 752.401(c)(9)(9) An employee of the Government Publishing Office.

5 CFR 752.401(d)(d) Employees excluded. This subpart does not apply to:

5 CFR 752.401(d)(1)(1) An employee whose appointment is made by and with the advice and consent of the Senate;

5 CFR 752.401(d)(2)(2) An employee whose position is in Schedule C or Schedule Policy/Career.

5 CFR 752.401(d)(3)(3) A Presidential appointee;

5 CFR 752.401(d)(4)(4) A reemployed annuitant;

5 CFR 752.401(d)(5)(5) A Foreign Service member as described in section 103 of the Foreign Service Act of 1980;

5 CFR 752.401(d)(6)(6) An employee of the Central Intelligence Agency or the Government Accountability Office;

5 CFR 752.401(d)(7)(7) An employee of the Veterans Health Administration (Department of Veterans Affairs) in a position which has been excluded from the competitive service by or under a provision of title 38, United States Code, unless the employee was appointed to the position under section 7401(3) of title 38, United States Code;

5 CFR 752.401(d)(8)(8) A nonpreference eligible employee with the U.S. Postal Service, the Postal Regulatory Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, the National Security Agency, the Defense Intelligence Agency, or any other intelligence component of the Department of Defense (as defined in section 1614 of title 10, United States Code), or an intelligence activity of a military department covered under subchapter I of chapter 83 of title 10, United States Code;

5 CFR 752.401(d)(9)(9) An employee described in section 5102(c)(11) of title 5, United States Code, who is an alien or noncitizen occupying a position outside the United States;

5 CFR 752.401(d)(10)(10) A nonpreference eligible employee serving a trial period under an initial appointment in the excepted service pending conversion to the competitive service, unless he or she meets the requirements of paragraph (c)(5) of this section;

5 CFR 752.401(d)(11)(11) An employee whose agency or position has been excluded from the appointing provisions of title 5, United States Code, by separate statutory authority in the absence of any provision to place the employee within the coverage of chapter 75 of title 5, United States Code; and

5 CFR 752.401(d)(12)(12) An employee in the competitive service serving a probationary period, unless he or she meets the requirements of paragraph (c)(2) of this section.