[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR315.201]

[Page 148-152]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 315--CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents
 
           Subpart B--The Career-Conditional Employment System
 
Sec. 315.201  Service requirement for career tenure.


    (a) Service requirement. A person employed in the competitive 
service for other than temporary, term, or indefinite employment is 
appointed as a career or career-conditional employee subject to the 
probationary period required by subpart H of this part. Except as 
provided in paragraph (c) of this section, an employee must serve 3 
years of substantially continuous creditable service as defined in 
paragraph (b) of this section to become a career employee.
    (b) Creditable service. Unless otherwise approved by OPM, the 
service required for career tenure must begin and end with nontemporary 
employment in the competitive service except as described in paragraph 
(1) of this subsection, must include service under an appointment based 
on or leading to competitive status, be substantially continuous, and 
total 3 years, as follows:
    (1) Nontemporary employment. To be creditable, the 3-year period of 
service must begin with one of the following:
    (i) Nontemporary appointment in the competitive service. For this 
purpose, nontemporary appointment includes a career-conditional 
appointment; career appointment; reinstatement under subpart D of this 
part; and transfer under subpart E of this part. The 3-year period may 
also begin, but not end, with status quo employment under subpart G of 
part 316 of this chapter, and overseas limited appointment of indefinite 
duration or overseas limited term appointment under part 301 of this 
chapter. The 3-year period also may have begun with permanent employment 
under now obsolete appointing authorities such as probational, war 
service indefinite, and emergency indefinite appointments. 
Determinations of whether an obsolete authority provides the basis for 
creditable service may be obtained from OPM;
    (ii) The acquisition of competitive status on January 23, 1955, 
under provisions of Executive Order 10577, while serving in the excepted 
service;
    (iii) Nontemporary appointment from a civil service register to a 
position in the excepted service before January 23, 1955;
    (iv) Nontemporary appointment to a position in the District of 
Columbia Government before January 23, 1955, evidencing selection in 
regular order from a civil service register used to certify for 
probational appointment in the Federal service. Appointment from a 
register maintained only for District of Columbia Government would not 
meet this condition;
    (v) Nontemporary appointment to an excepted position, provided the 
employee's excepted position was brought into the competitive service 
and, on that

[[Page 149]]

basis, the employee acquired competitive status or was converted to a 
career or career-conditional appointment;
    (vi) Nontemporary appointment to a nonappropriated fund (NAF) 
position in or under the Department of Defense, provided the employee's 
NAF position was brought into the competitive service and, on that 
basis, the employee acquired competitive status or was converted to a 
career or career-conditional appointment;
    (vii) Nontemporary excepted or nonappropriated fund appointment, 
Foreign Service appointment, or appointment in the Canal Zone Merit 
System, provided the employee is appointed or transferred to a 
competitive service position under the terms of an interchange agreement 
with another merit system under Sec. 6.7 of this chapter, under 
Executive Order 11219 as amended by Executive Order 12292, or under 
Executive Order 11171;
    (viii) The date of appointment to a position on the White House 
Staff or in the immediate office of the President or Vice President, 
provided the service has been continuous and the individual was 
appointed to a competitive service position under Sec. 315.602 of this 
chapter;
    (ix) The date of nontemporary excepted appointment under 
Sec. 213.3202(b) of this chapter, provided the student's appointment is 
converted to career or career-conditional appointment under Executive 
Order 12015, with or without an intervening term appointment, and 
without a break in service of one day.
    (x) The date of veterans readjustment appointment (VRA), provided 
the appointment is converted to career or career-conditional appointment 
under Sec. 315.705 of this chapter, or the person is appointed from a 
civil service register without a break in service while serving under a 
VRA;
    (xi) The date of nontemporary appointment to the Postal Career 
Service or the Postal Rate Commission after July 1, 1971, provided the 
individual is appointed to a career or career-conditional appointment 
under 39 U.S.C. 1006;
    (xii) The date of nontemporary appointment under Schedule A, 
Secs. 213.3102(t) or 213.3102(u) of this chapter, of a mentally retarded 
or severely physically handicapped person, provided the employee's 
appointment is converted to career or career-conditional appointment 
under Sec. 315.709 of this chapter;
    (xiii) The date of appointment as a Presidential Management Intern 
under Schedule A, Sec. 213.3102(ii) of this chapter, provided the 
employee's appointment is converted to career or career-conditional 
appointment under Sec. 315.708;
    (xiv) The date of temporary appointment pending establishment of a 
register, provided the appointment was converted to career executive 
assignment;
    (xv) The date of temporary appointment pending establishment of a 
register (TAPER), provided:
    (A) The employee is serving on or after February 8, 1968, and his or 
her TAPER employment is changed by conversion or by an appointment 
without a break in service of a single workday to a career or career-
conditional appointment from a civil service register; and
    (B) His or her TAPER service has been continuous without a break in 
service of more than 30 calendar days or without interruption for more 
than 30 calendar days by other than status quo or indefinite employment 
in the competitive service, or military service provided he or she is 
reemployed as a TAPER employee within 120 days after separation under 
honorable conditions from the military service;
    (xvi) The starting date of National Guard technician service 
performed before January 1, 1969, provided the person was employed as a 
National Guard technician on December 31, 1968, and his or her position 
was brought into the competitive service on January 1, 1969;
    (xvii) The starting date of active service as an administrative 
enrollee in the United States Merchant Marine Academy; and
    (xviii) The date on which an employee became eligible for benefits 
under Public Law 83-121, unless an earlier date can be chosen because of 
prior nontemporary service.
    (xix) The date of appointment as a career intern under Schedule B, 
Sec. 213.3202(o) of this chapter, provided

[[Page 150]]

the employee's appointment is converted to career or career-conditional 
appointment under Sec. 315.712.
    (2) Competitive status. Career tenure is acquired only under a 
permanent appointment in the competitive service that provides or leads 
to competitive status.
    (3) Substantially continuous service. A single break in creditable 
service of more than 30 calendar days will require the beginning of a 
new 3-year period, except for:
    (i) Breaks incident to entry into or return from military service 
and return from defense transfer, provided the person is reemployed in 
Federal service during his or her period of statutory or regulatory 
restoration or reemployment rights;
    (ii) Breaks incident to transfer to and from an international 
organization, provided the person is reemployed in Federal service under 
subpart C of part 352 of this chapter;
    (iii) Breaks during which an employee was eligible to receive injury 
compensation under the Office of Workers' Compensation Programs, 
provided the person is reemployed under part 353 of this chapter;
    (iv) Breaks incident to a restoration to correct an unjustified or 
unwarranted separation;
    (v) Breaks following separation by reduction in force of employees 
who are eligible for entry on the reemployment priority list under 
subpart B of part 330 of this chapter, provided the person is reemployed 
in Federal service during the period of his or her reemployment 
priority;
    (vi) Breaks following involuntary separation without personal cause 
of employees who are eligible for a noncompetitive appointment based on 
an interchange agreement with another merit system under Sec. 6.7 of 
this chapter, provided the person is employed in the competitive service 
under the agreement during the period of his or her eligibility;
    (vii) Breaks incident to volunteer service or training required 
after enrollment in volunteer service provided the person is reemployed 
in Federal service within 90 days of the termination of volunteer 
service or training. This provision applies to Peace Corps, VISTA, or 
other ACTION full-time programs that are potentially creditable in 
subsequent Federal employment for length of service for leave, reduction 
in force, and retirement purposes;
    (viii) Breaks incident to employment in a nonfederal organization 
that occurred because a Federal function was transferred to the 
organization by law, provided the employee moved as a result of the 
transfer of function without a break in service of more than 3 days to 
the nonfederal organization and is reemployed by nontemporary 
appointment in the competitive service without a break in service of 
more than 30 calendar days after separation from the nonfederal 
organization;
    (ix) Employment with the District of Columbia Government after 
January 1, 1980 (the date the District implemented an independent merit 
personnel system not tied to the Federal system), provided the person 
was a District employee on December 31, 1979, was converted to the 
District system on January 1, 1980, and is reemployed by nontemporary 
appointment in the competitive service without a break in service of 
more than 30 calendar days after separation from District employment; 
and
    (x) Breaks that occur when a career-conditional employee leaves 
Federal employment to accompany a spouse or parent (if the employee is 
their unmarried child under 21 years of age) who is a member of the 
Armed Forces or a Federal civilian employee on official assignment to an 
overseas post of duty, provided the employee's separation from 
employment occurs no more than 90 calendar days prior to going overseas 
and reinstatement occurs while overseas or within 180 calendar days of 
return to the United States. Overseas posts of duty are duty locations 
outside the 50 States of the United States, the District of Columbia, 
Guam, Puerto Rico, and the Virgin Islands.
    (4) Crediting service. An employee's creditable service must total 3 
years, under the following conditions.
    (i) Work schedule. (A) Full-time service, and part-time service on 
or after July 1, 1962, are counted as calendar time from the date of 
appointment to date of separation.

[[Page 151]]

    (B) Intermittent service on or after July 1, 1962 is counted as 1 
day for each day an employee is in pay status, regardless of the number 
of hours for which the employee is actually paid on a given day. For 
this purpose, 780 days in pay status are equivalent to 3 years' service, 
but the service requirement may not be satisfied in less than 3 years of 
calendar time.
    (C) Part-time and intermittent service before July 1, 1962, is 
counted based on the number of hours actually employed, including any 
paid leave. For this purpose, 6,240 hours of paid time are equivalent to 
3 years' service, but the service requirement may not be satisfied in 
less than 3 years of calendar tine.
    (ii) Nonpay status on the rolls and time off the rolls. No credit is 
given for periods of nonpay status and time off the rolls, except under 
the following conditions:
    (A) Credit is given for the first 30 calendar days of each period of 
nonpay status on the rolls during full-time employment, or during part-
time employment on or after July 1, 1962. On this same basis, a seasonal 
employee receives credit for the first 30 calendar days of each period 
of nonduty/nonpay status. Nonpay status in excess of 30 days extends the 
3-year waiting period by the amount of the excess;
    (B) Full credit is given for periods of nonpay status and time off 
the rolls incident to entry into and return from military service and 
return from defense transfer, provided the person is reemployed in 
Federal service during the period of his or her statutory or regulatory 
restoration or reemployment rights;
    (C) Full credit is given for periods of nonpay status and time off 
the rolls incident to transfer to and return from an international 
organization, provided the person is reemployed in Federal service under 
subpart C of part 352 of this chapter;
    (D) Full credit is given for periods of nonpay status during which 
an employee was eligible to receive continuation of pay or injury 
compensation under the Office of Workers' Compensation Programs. Full 
credit also is given for periods of time off the rolls during which an 
employee was eligible to receive injury compensation under the Office of 
Workers' Compensation Programs, provided the person is reemployed under 
part 353 of this chapter.
    (E) Credit is given for up to 30 calendar days for time off the 
rolls that follows separation by reduction in force of employees who are 
eligible for entry on the reemployment priority list under subpart B of 
part 330 of this chapter, provided the person is reemployed in Federal 
service during the period of his or her reemployment priority; and
    (F) Credit is given for up to 30 calendar days for time off the 
rolls that follow involuntary separation without personal cause of 
employees who are eligible for a noncompetitive appointment based on an 
interchange agreement with another merit system under Sec. 6.7 of this 
chapter, provided the person is employed in the competitive service 
under the agreement during the period of his or her eligibility.
    (iii) Restoration based on unwarranted or improper actions. (A) 
Based on a finding made before March 30, 1966, that a furlough, 
suspension, or separation was unwarranted or improper, an employee 
restored to duty receives full calendar time credit for the period of 
furlough, suspension, or separation if he or she was eligible to receive 
retroactive pay under 5 U.S.C. 5591-93 (formerly Pub. L. 80-623) or 5 
U.S.C. 5594 (formerly Pub. L. 81-733).
    (B) Based on a finding made on or after March 30, 1966, that a 
furlough, suspension, or separation was unwarranted or improper, an 
employee restored to duty receives full calendar time credit for the 
period of furlough, suspension, or separation for which he or she is 
eligible to receive back pay. If the employee is restored to duty at a 
date later than the original adverse action, credit for intervening 
periods of nonpay status or breaks in service is given in accordance 
with other provisions of this subsection. If the employee had been 
properly separated from the rolls of the agency before a finding was 
made that the adverse action was unwarranted or improper, the correction 
and additional service credit given the employee may not extend beyond 
the date of the proper separation.

[[Page 152]]

    (iv) Intervening service. Certain types of service that ordinarily 
are not creditable are counted when they intervene between two periods 
of creditable service without a single break in service in excess of 30 
calendar days, excepted as provided in subparagraph (H) of his 
paragraph. Under these conditions, credit is given for periods of 
service:
    (A) In the excepted service of the Federal executive branch, 
including employment in nonappropriated fund positions in or under any 
Federal agency;
    (B) Under temporary, term, or other nonpermanent employment in the 
Federal competitive service;
    (C) In the Senior Executive Service;
    (D) In the Federal legislative branch;
    (E) In the Federal judicial branch;
    (F) In the armed forces;
    (G) In the District of Columbia Government through December 31, 
1979. For an employee on the District rolls on December 31, 1979, who 
converted on January 1, 1980, to the District independent personnel 
system, credit also is given for service between January 1, 1980, and 
September 25, 1980. Otherwise, service in the District of Columbia 
Government on or after January 1, 1980, is not creditable as intervening 
service; and
    (H) Performed overseas by family members, as defined by Sec. 315.608 
of this chapter. Such service is creditable toward career tenure if it 
intervenes between two periods of creditable service without a single 
break in excess of 180 days.
    (c) Exceptions from service requirement. The service requirement for 
career tenure does not apply to:
    (1) An appointment to a position required by law to be filled on a 
permanent basis, or a conversion under this part while the employee is 
serving in such a position;
    (2) An appointment from a register of a person who once completed 
the service requirement for career tenure;
    (3) An appointment under Sec. 315.601 of a former Canal Zone Merit 
System employee who completed the service requirement for career tenure 
under that system; or
    (4) The reinstatement of a person who once completed the service 
requirement for career tenure.

[33 FR 12418, Sept. 4, 1968, as amended at 43 FR 34428, Aug. 4, 1978; 59 
FR 68104, Dec. 30, 1994; 60 FR 53504, Oct. 16, 1995; 62 FR 63630, Dec. 
2, 1997; 63 FR 57046, Oct. 26, 1998; 65 FR 78078, Dec. 14, 2000]