[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: 5CFR352.208]

[Page 265-266]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 352_REEMPLOYMENT RIGHTS--Table of Contents
 
   Subpart B_Reemployment Rights Based on Movement Between Executive 
                       Agencies During Emergencies
 
Sec. 352.208  Agency's obligation to reemploy.

    (a) Employee's right to reemployment. An employee is entitled to be 
reemployed by the reemploying agency as promptly as possible but not 
more than 30 calendar days after receipt of his application. Except as 
provided in paragraph (c) of this section, the employee is entitled to 
reemployment in the occupational field and at the same grade or level 
and in the same geographical area as the position which the employee 
last held in that agency. If the reemployment would cause the separation 
or demotion of another employee, the applicant shall then be considered 
an employee for the purpose of applying the reduction-in-force 
regulations (5 CFR part 351) to determine to what, if any, position, he 
or she is entitled.
    (b) Reemployment in a higher grade. The reemploying agency may 
reemploy the employee in a position of higher grade than that to which 
he is entitled, but not if this reemployment would

[[Page 266]]

cause the displacement of another employee.
    (c) Reemployment in SES. When the employee's right is to a position 
in the SES, reemployment or return may be to any position in the SES for 
which the employee is qualified.
    (d) Seniority in postal service. On reemployment in the postal 
service, the employee is entitled to the seniority he would have 
attained had he remained in the postal service.
    (e) Basis for agency refusal to reemploy. An agency may refuse to 
reemploy under this section only when the employee was last separated 
for serious cause evidencing his unsuitability for reemployment.

[33 FR 12433, Sept. 4, 1968, as amended at 51 FR 25187, July 11, 1986]