[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR752.201]

[Page 59-60]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 752--ADVERSE ACTIONS--Table of Contents
 
  Subpart B--Regulatory Requirements for Suspension for 14 Days or Less
 
Sec. 752.201  Coverage.


    (a) Actions covered. This subpart covers suspension for 14 days or 
less.
    (b) Employees covered. This subpart covers:
    (1) An employee in the competitive service who has completd a 
probationary or trial period;
    (2) An employee in the competitive service serving in an appointment 
which requires no probationary or trial 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;
    (3) An employee with competitive status who occupies a position 
under Schedule B of part 213 of this chapter;
    (4) An employee who was in the competitive service at the time his 
or her position was first listed under Schedule A, B, or C of the 
excepted service and still occupies that position;
    (5) An employee of the Department of Veterans Affairs appointed 
under section 7401(3) of title 38, United States Code; and
    (6) An employee of the Government Printing Office.
    (c) Exclusions. This subpart does not apply to a suspension for 14 
days or less:
    (1) Of an administrative law judge under 5 U.S.C. 7521;
    (2) Taken for national security reasons under 5 U.S.C. 7531;
    (3) Taken under a provision of statute, other than one codified in 5 
U.S. Code, which excepts the action from subchapter I, chapter 75 of 
title 5, U.S. Code;
    (4) Of a reemployed annuitant; or
    (5) Of a National Guard Technician.
    (d) Definitions. In this subpart--
    (1) Day means a calendar day.
    (2) Current continuous employment means a period of employment 
immediately preceding a suspension action in the same or similar 
positions without a break in Federal civilian employment of a workday.
    (3) Similar positions mean positions in which the duties performed 
are similar in nature and character and require

[[Page 60]]

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.
    (4) Suspension means the placing of an employee, for disciplinary 
reasons, in a temporary status without duties and pay.

[45 FR 46778, July 11, 1980, as amended at 46 FR 12191, Feb. 13, 1981; 
53 FR 21622, June 9, 1988; 57 FR 20043, May 11, 1992; 58 FR 13192, Mar. 
10, 1993]