[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR353.209]

[Page 284]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 353--RESTORATION TO DUTY FROM UNIFORMED SERVICE OR COMPENSABLE INJURY--Table of Contents
 
                      Subpart B--Uniformed Service
 
Sec. 353.209  Retention protections.

    (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 Sec. 351.404 of this chapter. If the 
employee's position is abolished during such absence, the agency must 
reassign the employee to another position of like status, and pay.
    (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--
    (1) If the period of uniformed service was more than 180 days, 
within 1 year; and
    (2) If the period of uniformed service was more than 30 days, but 
less than 181 days, within 6 months.