[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR352.703]

[Page 269-270]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 352_REEMPLOYMENT RIGHTS--Table of Contents
 
  Subpart G_Reemployment Rights of Former Bureau of Indian Affairs and 
  Indian Health Service Employees After Service Under the Indian Self-
                Determination Act in Tribal Organizations
 
Sec. 352.703  Basic entitlement to reemployment rights on leaving Federal 
employment.

    (a) Employees entitled. The following employees of the Bureau of 
Indian Affairs, Department of the Interior, and the Indian Health 
Service and the Public Health Service of the Department of Health and 
Human Services, are granted reemployment rights subject to the 
conditions of this subpart, to the Bureau of Indian Affairs, the Indian 
Health Service, or the Public Health Service, as appropriate, if they 
leave their Federal employment to be employed, with no break in service 
following separation from their agency, by an Indian tribal organization 
to work in a function of their respective agency contracted under the 
Indian

[[Page 270]]

Self-Determination Act to be performed by that tribal organization:
    (1) An employee serving in a competitive position under a career or 
career-conditional appointment and who has satisfactorily completed at 
least 6 months of a probationary period; or
    (2) A non-temporary excepted service employee who has satisfactorily 
completed at least 6 months of a trial period if one is required by the 
agency.
    (3) An employee serving under a career appointment in the Senior 
Executive Service (SES) who is not serving a probationary period.
    (b) Employees not entitled. The following employees are not entitled 
to reemployment rights under this subpart:
    (1) An employee who has received a notice of involuntary separation 
because of reduction in force, or other cause, not directly related to 
contracting under the Act to a tribal organization;
    (2) An employee whose resignation has been accepted for reasons 
other than to accept tribal employment under this subpart; or
    (3) An employee serving under a Schedule C excepted appointment.
    (c) Not related to other benefits. Entitlement to reemployment 
rights does not depend on continuation of Federal employee benefits 
coverage during service with a tribal organization.

[41 FR 27713, July 6, 1976, as amended at 51 FR 25188, July 11, 1986; 57 
FR 10124, Mar. 24, 1992]