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Code of Federal Regulations Title 5. Administrative Personnel § 5.352.803 Basic entitlement to reemployment rights on leaving Federal employment

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) This subpart applies to all executive agencies as defined in section 105 of title 5, United States Code, the U.S. Postal Service, the Postal Rate Commission, and to the employees thereof, and to those positions in the competitive civil service and the employees occupying those positions.

(b) The agency must give employees entitled to reemployment rights under this subpart written notice of these rights at the time of their separation.

(c) Employees entitled. The following employees or former employees are granted reemployment rights subject to the conditions of this subpart, if they leave their Federal employment to be employed (on the date of incorporation of AIT or within 30 calendar days following separation from their agency) by the Institute for a specified period of service.

(1) An employee serving in a competitive position under a career or career-conditional appointment;

(2) A non-temporary excepted service employee;  or

(3) An employee serving under a career appointment in the Senior Executive Service.

(d) Employees not entitled. The following employees are not entitled to reemployment rights under this subpart:

(1) An employee who has received a notice of involuntary separation because of reduction in force, or other cause, not directly related to employment with the Institute under the Act;

(2) An employee whose resignation has been accepted for reasons other than to accept employment with the Institute under this subpart;

(3) An employee serving under a Schedule C excepted appointment;  or

(4) An employee serving under a noncareer, limited emergency, or limited term appointment in the Senior Executive Service.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 5. Administrative Personnel § 5.352.803 Basic entitlement to reemployment rights on leaving Federal employment - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-5-administrative-personnel/cfr-sect-5-352-803/

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