[Code of Federal Regulations]

[Title 5, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 5CFR752.201]



[Page 58-59]

 

                    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 completed 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 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,



[[Page 59]]



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]