[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR351.801]

[Page 255]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351_REDUCTION IN FORCE--Table of Contents
 
                      Subpart H_Notice to Employee
 
Sec. 351.801  Notice period.

    Source: 60 FR 2679, Jan. 11, 1995, unless otherwise noted.


    (a)(1) Each competing employee selected for release from a 
competitive level under this part is entitled to a specific written 
notice at least 60 full days before the effective date of release.
    (2) At the same time an agency issues a notice to an employee, it 
must give a written notice to the exclusive representative(s), as 
defined in 5 U.S.C. 7103(a)(16), of each affected employee at the time 
of the notice. When a significant number of employees will be separated, 
an agency must also satisfy the notice requirements of Sec. Sec. 
351.803 (b) and (c).
    (b) When a reduction in force is caused by circumstances not 
reasonably foreseeable, the Director of OPM, at the request of an agency 
head or designee, may approve a notice period of less than 60 days. The 
shortened notice period must cover at least 30 full days before the 
effective date of release. An agency request to OPM shall specify:
    (1) The reduction in force to which the request pertains;
    (2) The number of days by which the agency requests that the period 
be shortened;
    (3) The reasons for the request; and
    (4) Any other additional information that OPM may specify.
    (c) The notice period begins the day after the employee receives the 
notice.
    (d) When an agency retains an employee under Sec. 351.607 or Sec. 
351.608, the notice to the employee shall cite the date on which the 
retention period ends as the effective date of the employee's release 
from the competitive level.

[60 FR 2678, Jan. 11, 1995, as amended at 60 FR 44254, Aug. 25, 1995; 63 
FR 32594, June 15, 1998; 65 FR 25623, May 3, 2000]

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