[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: 5CFR351.702]

[Page 258-259]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351_REDUCTION IN FORCE--Table of Contents
 
             Subpart G_Assignment Rights (Bump and Retreat)
 
Sec. 351.702  Qualifications for assignment.

    (a) Except as provided in Sec. 351.703, an employee is qualified 
for assignment under Sec. 351.701 if the employee:
    (1) Meets the OPM standards and requirements for the position, 
including any minimum educational requirement, and any selective 
placement factors established by the agency;
    (2) Is physically qualified, with reasonable accommodation where 
appropriate, to perform the duties of the position;
    (3) Meets any special qualifying condition which the OPM has 
approved for the position; and
    (4) Has the capacity, adaptability, and special skills needed to 
satisfactorily perform the duties of the position without undue 
interruption. This determination includes recency of experience, when 
appropriate.
    (b) The sex of an employee may not be considered in determining 
whether an employee is qualified for a position, except for positions 
which OPM has determined certification of eligibles by sex is justified.
    (c) An employee who is released from a competitive level during a 
leave of absence because of a corpensable injury may not be denied an 
assignment right solely because the employee is not physically qualified 
for the duties of the position if the physical disqualification resulted 
from the compensable injury. Such an employee must be afforded 
appropriate assignment rights subject to recovery as provided by 5 
U.S.C. 8151 and part 353 of this chapter.
    (d) If an agency determines, on the basis of evidence before it, 
that a preference eligible employee who has a compensable service-
connected disability of 30 percent or more is not able to fulfill the 
physical requirements of a position to which the employee would 
otherwise have been assigned under this part, the agency must notify the 
OPM of this determination. At the same time, the agency must notify the 
employee of the reasons for the determination and of the right to 
respond, within 15 days of the notification, to the OPM which will 
require the agency to demonstrate that the notification was timely sent 
to the employee's last known address. The OPM shall make a final 
determination concerning the physical ability of the employee to perform 
the duties of the position. This determination must be made before the 
agency may select any other person for the position. When the OPM has 
completed its review of the proposed disqualification on the basis of 
physical disability, it must sent its finding to both the agency and the 
employee. The agency must comply with the findings of the OPM. The 
functions of the OPM under this paragraph may not be delegated to an 
agency.
    (e) An agency may formally designate as a trainee or developmental 
position a position in a program with all of the following 
characteristics:
    (1) The program must have been designed to meet the agency's needs 
and requirements for the development of skilled personnel;
    (2) The program must have been formally designated, with its 
provisions made known to employees and supervisors;

[[Page 259]]

    (3) The program must be developmental by design, offering planned 
growth in duties and responsibilities, and providing advancement in 
recognized lines of career progression; and
    (4) The program must be fully implemented, with the participants 
chosen through standard selection procedures. To be considered qualified 
for assignment under Sec. 351.701 to a formally designated trainee or 
developmental position in a program having all of the characteristics 
covered in paragraphs (e)(1), (2), (3), and (4) of this section, an 
employee must meet all of the conditions required for selection and 
entry into the program.

[51 FR 319, Jan. 3, 1986, as amended at 60 FR 3063, Jan. 13, 1995]