[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR300.504]

[Page 130-131]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 300_EMPLOYMENT (GENERAL)--Table of Contents
 
               Subpart E_Use of Private Sector Temporaries
 
Sec. 300.504  Prohibition on employer-employee relationship

    No employer-employee relationship is created by an agency's use of 
private sector temporaries under these regulations. Services furnished 
by temporary help firms shall be performed by their employees who shall 
not be considered or treated as Federal employees for any purpose, shall 
not be regarded as performing a personal service, and shall not be 
eligible for civil service employee benefits, including retirement. 
Further, to avoid creating any appearance of such a relationship, 
agencies shall observe the following requirements:
    (a) Time limit on use of temporary help service firm. An agency may 
use a temporary help service firm(s) in a single situation, as defined 
in Sec. 300.503, initially for no more than 120 workdays. Provided the 
situation continues to exist beyond the initial 120 workdays, the agency 
may extend its use of temporary help services up to the maximum limit of 
240 workdays.
    (b) Time limit on use of individual employee of a temporary help 
service firm. (1) An individual employee of any temporary help firm may 
work at a major organizational element (headquarters or field) of an 
agency for up to 120 workdays in a 24-month period. The 24-month period 
begins on the first day of assignment.
    (2) An agency may make an exception for an individual to work up to 
a maximum of 240 workdays only when the agency has determined that using 
the services of the same individual for the same situation will prevent 
significant delay.
    (c) Individual employees of a temporary help firm providing 
temporary service to a Federal agency may be eligible for competitive 
civil service employment only if appropriate civil service hiring 
procedures are applied to them.

[[Page 131]]

    (d) Agencies shall train their employees in appropriate procedures 
for interaction with private sector temporaries to assure that the 
supervisory responsibilities identified in paragraph (a) of Sec. 
300.501 of this subpart are carried out by the temporary help service 
firm. At the same time, agencies must give technical, task-related 
instructions to private sector temporaries including orientation, 
assignment of tasks, and review of work products, in order that the 
temporaries may properly perform their services under the contract.

[54 FR 3766, Jan. 25, 1989, as amended at 61 FR 19511, May 2, 1996]