[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: 5CFR315.704]

[Page 166-167]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 315_CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents
 
  Subpart G_Conversion to Career or Career-Conditional Employment From 
                        Other Types of Employment
 
Sec. 315.704  Conversion to career employment from indefinite
or temporary employment.

    (a) General. Employees serving after February 7, 1968, in 
competitive positions under indefinite appointments or temporary 
appointments pending establishment of a register or as status quo 
employees acquire competitive status and are entitled to have their 
employment converted to career employment when such employees:
    (1) Complete a total of at least 3 years of service in such a 
position under one or more such appointments without a break in service 
of more than 30 calendar days or without an interruption by 
nonqualifying service of more than 30 calendar days;
    (2) Have rendered satisfactory service for the 12 months immediately 
preceding the conversion; and
    (3) Meet applicable qualification requirements for the positions and 
are otherwise eligible for career employment. This paragraph does not 
apply to employees serving under an overseas limited appointment or in 
positions above GS-15 or equivalent.
    (b) Creditable service. (1) In computing creditable service under 
paragraph (a) of this section for an employee who left a competitive 
position in which he or she was serving under a qualifying appointment 
covered in paragraph (a) of this section to enter the armed forces and 
who is reemployed in such a position within 120 calendar days after 
separation under honorable conditions,

[[Page 167]]

the period from the date he or she left the position to the date of 
reemployment is creditable.
    (2) The Office shall publish in its operating manuals the conditions 
under which full-time, part-time, and intermittent employment is 
creditable in meeting the service requirement under paragraph (a) of 
this section.
    (c) Termination after failure to meet conversion requirements. An 
employing agency shall terminate employees covered by paragraph (a) of 
this section not later than 90 days after they complete the 3-year 
service requirement referred to in paragraph (a)(1) of this section, if 
they have not met the requirements and conditions of paragraphs (a) (2) 
and (3) of this section before the end of the 90-day period. For an 
employee who is reemployed after intervening service in the armed 
forces, the 90-day period begins on the date of reemployment if the 
employee's combined civilian and military service satisfies the 3-year 
service requirement on that date.
    (d) Administrative error. When an employee has met the service 
requirement under paragraph (a)(1) of this section but, because of 
administrative error or oversight, has not been converted to career 
employment within the time limits prescribed in this section, the 
employing agency may effect the employee's conversion as of the date on 
which he or she met the service requirement, even though the time limit 
for such conversion has expired.

[44 FR 54692, Sept. 21, 1979. Redesignated at 44 FR 63080, Nov. 2, 1979, 
as amended at 66 FR 66710, Dec. 27, 2001]