[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: 5CFR315.806]

[Page 172]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 315_CAREER AND CAREER-CONDITIONAL EMPLOYMENT--Table of Contents
 
   Subpart H_Probation on Initial Appoinment to a Competitive Position
 
Sec. 315.806  Appeal rights to the Merit Systems Protection Board.

    (a) Right of appeal. An employee may appeal to the Merit Systems 
Protection Board in writing an agency's decision to terminate him under 
Sec. 315.804 or Sec. 315.805 only as provided in paragraphs (b) and 
(c) of this section. The Merit Systems Protection Board review is 
confined to the issues stated in paragraphs (b) and (c) of this section.
    (b) On discrimination. An employee may appeal under this paragraph a 
termination not required by statute which he or she alleges was based on 
partisan political reasons or marital status.
    (c) On improper procedure. A probationer whose termination is 
subject to Sec. 315.805 may appeal on the ground that his termination 
was not effected in accordance with the procedural requirements of that 
section.
    (d) An employee may apeal to the Board under this section a 
termination which the employee alleges was based on discrimination 
because of race, color, religion, sex, or national origin; or age 
(provided that at the time of the alleged discriminatory action the 
employee was at least 40 years of age); or handicapping condition if the 
individual meets the definition of ``handicapped person'' as set forth 
in regulations of the Equal Employment Opportunity Commission at 29 CFR 
1613.702(a). An appeal alleging a discriminatory termination may be 
filed under this subsection only if such discrimination is raised in 
addition to one of the issues stated in paragraph (b) or (c) of this 
section.

[33 FR 12418, Sept. 4, 1968, as amended at 40 FR 15380, Apr. 7, 1975; 44 
FR 48951, Aug. 21, 1979; 55 FR 29339, July 19, 1990]