[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR351.608]

[Page 255-256]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351_REDUCTION IN FORCE--Table of Contents
 
                Subpart F_Release From Competitive Level
 
Sec. 351.608  Permissive temporary exceptions.

    (a) General. (1) In accordance with this section, an agency may make 
a temporary exception to the order of release in Sec. 351.601, and to 
the action provisions of Sec. 351.603, when needed to retain an 
employee after the effective date of a reduction in force. Except as 
otherwise provided in paragraphs (c) and (e) of this section, an agency 
may not make a temporary exception for more than 90 days.
    (2) After the effective date of a reduction in force action, an 
agency may not amend or cancel the reduction in force notice of an 
employee retained under a temporary exception so as to avoid completion 
of the reduction in force action. This does not preclude the employee 
from receiving or accepting a job offer in the same competitive area in 
accordance with a Reemployment Priority List established under part 330, 
subpart B, of this chapter, or under a Career Transition Assistance Plan 
established under part 330, subpart E, of this chapter, or equivalent 
programs.

[[Page 256]]

    (b) Undue interruption. An agency may make a temporary exception for 
not more than 90 days when needed to continue an activity without undue 
interruption.
    (c) Government obligation. An agency may make a temporary exception 
to satisfy a Government obligation to the retained employee without 
regard to the 90-day limit set forth under paragraph (a)(1) of this 
section.
    (d) Sick leave. An agency may make a temporary exception to retain 
on sick leave a lower standing employee covered by chapter 63 of title 
5, United States Code (or other applicable leave system for Federal 
employees), who is on approved sick leave on the effective date of the 
reduction in force, for a period not to exceed the date the employee's 
sick leave is exhausted. Use of sick leave for this purpose must be in 
accordance with the requirements in part 630, subpart D, of this chapter 
(or other applicable leave system for Federal employees). Except as 
authorized by Sec. 351.606(b), an agency may not approve an employee's 
use of any other type of leave after the employee has been retained 
under this paragraph (d).
    (e)(1) An agency may make a temporary exception to retain on accrued 
annual leave a lower standing employee who:
    (i) Is being involuntarily separated under this part;
    (ii) Is covered by a Federal leave system under authority other than 
chapter 63 of title 5, United States Code; and,
    (iii) Will attain first eligibility for an immediate retirement 
benefit under 5 U.S.C. 8336, 8412, or 8414 (or other authority), and/or 
establish eligibility under 5 U.S.C. 8905 (or other authority) to carry 
health benefits coverage into retirement during the period represented 
by the amount of the employee's accrued annual leave.
    (2) An agency may not approve an employee's use of any other type of 
leave after the employee has been retained under this paragraph (e).
    (3) This exception may not exceed the date the employee first 
becomes eligible for immediate retirement or for continuation of health 
benefits into retirement, except that an employee may be retained long 
enough to satisfy both retirement and health benefits requirements.
    (4) Accrued annual leave includes all accumulated, accrued, and 
restored annual leave, as applicable, in addition to annual leave earned 
and available to the employee after the effective date of the reduction 
in force. When approving a temporary exception under this provision, an 
agency may not advance annual leave or consider any annual leave that 
might be credited to an employee's account after the effective date of 
the reduction in force other than annual leave earned while in an annual 
leave status.
    (f) Other exceptions. An agency may make a temporary exception under 
this section to extend an employee's separation date beyond the 
effective date of the reduction in force when the temporary retention of 
a lower standing employee does not adversely affect the right of any 
higher standing employee who is released ahead of the lower standing 
employee. The agency may establish a maximum number of days, up to 90 
days, for which an exception may be approved.
    (g) Notice to employees. When an agency approves an exception for 
more than 30 days, it must:
    (1) Notify in writing each higher standing employee in the same 
competitive level reached for release of the reasons for the exception 
and the date the lower standing employee's retention will end; and
    (2) List opposite the employee's name on the retention register the 
reasons for the exception and the date the employee's retention will 
end.

[62 FR 10682, Mar. 10, 1997]