[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: 5CFR340.402]

[Page 242-243]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 340_OTHER THAN FULL-TIME CAREER EMPLOYMENT (PART-TIME, SEASONAL,
ON-CALL, AND INTERMITTENT)--Table of Contents
 
             Subpart D_Seasonal and intermittent Employment
 
Sec. 340.402  Seasonal employment.

    (a) Appropriate use. Seasonal employment allows an agency to develop 
an experienced cadre of employees under career appointment to perform 
work which recurs predictably year-to-year. Consistent with the career 
nature of the appointments, seasonal employees receive the full benefits 
authorized to attract and retain a stable workforce. As a result, 
seasonal employment is appropriate when the work is expected to last at 
least 6 months during a calendar year. Recurring work that lasts less 
than 6 months each year is normally best performed by temporary 
employees. Seasonal employment may not be used as a substitute for full-
time employment or as a buffer for the full-time workforce.
    (b) Length of the season. Agencies determine the length of the 
season, subject to the condition that it be clearly tied to nature of 
the work. The season must be defined as closely as practicable so that 
an employee will have a reasonably clear idea of how much work he or she 
can expect during the year. To minimize the adverse impact of seasonal 
layoffs, an agency may assign seasonal employees to other work during 
the projected layoff period. While in nonpay status, a seasonal employee 
may accept other employment, Federal or non-Federal, subject to the 
regulations on political activity (part 733 of this title) and on 
employee responsibilities and conduct (part 735), as well as applicable 
agency policies. Subject to the limitation on pay from more than one 
position (5 U.S.C. 5533), a seasonal employee may hold more than one 
appointment.
    (c) Employment agreement. An employment agreement must be executed 
between the agency and the seasonal employee prior to the employee's 
entering on duty. At a minimum, the agreement must inform the employee:
    (1) That he or she is subject to periodic release and recall as a 
condition of employment,
    (2) The minimum and maximum period the employee can expect to work,
    (3) The basis on which release and recall procedures will be 
effected, and
    (4) The benefits to which the employee will be entitled while in a 
nonpay status.
    (d) Release and recall procedures. A seasonal employee is released 
to nonpay status at the end of a season and

[[Page 243]]

recalled to duty the next season. Release and recall procedures must be 
established in advance and uniformly applied. They may be based on 
performance, seniority, veterans' preference, other appropriate indices, 
or a combination of factors. A seasonal layoff is not subject to the 
procedures for furlough prescribed in parts 351 and 752 of this title. 
Reduction in force or adverse action procedures, as applicable, are 
required for a seasonal layoff that is not in accordance with the 
employment agreement, for example, if an agency intends to have an 
employee work less than the minimum amount of time specified in the 
employment agreement. However, an agency may develop a new employment 
agreement to reflect changing circumstances.
    (e) Noncompetitive movement. Seasonal employees serving under career 
appointment may move to other positions in the same way as other regular 
career employees.