PART 315—CAREER AND CAREER-CONDITIONAL EMPLOYMENT Authority: 5 U.S.C. 1302, 3301, and 3302. E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218, unless otherwise noted; E.O. 14284, 90 FR 17729. Secs. 315.601 and 315.609 also issued under 22 U.S.C. 3651 and 3652. Secs. 315.602 and 315.604 also issued under 5 U.S.C. 1104. Sec. 315.603 also issued under 5 U.S.C. 8151. Sec. 315.605 also issued under E.O. 12034, 43 FR 1917, 3 CFR, 1978 Comp., p. 111. Sec. 315.606 also issued under E.O. 11219, 30 FR 6381, 3 CFR, 1964-1965 Comp., p. 303. Sec. 315.607 also issued under 22 U.S.C. 2560. Sec. 315.608 also issued under E.O. 12721, 55 FR 31349, 3 CFR, 1990 Comp., p. 293. Sec. 315.610 also issued under 5 U.S.C. 3304(c). Sec. 315.611 also issued under 5 U.S.C. 3304(f). Sec. 315.612 also issued under E.O. 13473, 73 FR 56703, 3 CFR, 2009 Comp., p. 241. Sec. 315.613 also issued under 5 U.S.C. 9602. Sec. 315.710 also issued under E.O. 12596, 52 FR 17537, 3 CFR, 1987 Comp., p. 264. Source: 33 FR 12418, Sept. 4, 1968, unless otherwise noted. Editorial Note: Nomenclature changes to part 315 appear at 70 FR 72067, Dec. 1, 2005. Subpart A [Reserved] Subpart B—The Career-Conditional Employment System § 315.201 Service requirement for career tenure. (a) Service requirement. (b) Creditable service. (1) Nontemporary employment. (i) Nontemporary appointment in the competitive service: For this purpose, nontemporary appointment includes a career-conditional appointment. The 3 years may also begin, but not end, with status quo employment under subpart G of part 316 of this chapter, an overseas limited appointment of indefinite duration, or an overseas limited term appointment under part 301 of this chapter. The 3 years also may have begun with permanent employment under now obsolete appointing authorities such as probational, war service indefinite, emergency indefinite, nontemporary appointment from a civil service register to a position in the excepted service before January 23, 1955, temporary appointment pending establishment of a register (also known as TAPER authority), nontemporary appointment to a position in the District of Columbia Government before January 23, 1955, and appointment based on Public Law 83-121. Determinations of whether an obsolete authority provides the basis for creditable service may be obtained from OPM; (ii) Nontemporary appointment to an excepted position, provided the employee's excepted position was brought into the competitive service and, on that basis, the employee acquired competitive status or was converted to a career-conditional appointment; (iii) Nontemporary appointment to a nonappropriated fund (NAF) position in or under the Department of Defense or in or under the U.S. Coast Guard, Department of Homeland Security, provided the employee's NAF position was brought into the competitive service and, on that basis, the employee acquired competitive status or was converted to a career or career-conditional appointment; (iv) Nontemporary excepted or nonappropriated fund appointment, Foreign Service appointment, or appointment in the Canal Zone Merit System, provided the employee is appointed to a competitive service position under the terms of an interchange agreement with another merit system under § 6.7 of this chapter, under Executive Order 11219 as amended by Executive Order 12292, or under Executive Order 11171; (v) The date of appointment to a position on the White House Staff or in the immediate office of the President or Vice President, provided the service has been continuous and the individual was appointed to a competitive service position under § 315.602 of this chapter; (vi) The date of nontemporary excepted appointment under § 213.3202(b) of this chapter (the former Student Career Experience Program) as in effect immediately before July 10, 2012, the effective date of the regulations removing that paragraph, provided the student's appointment was converted to a career or career-conditional appointment under Executive Order 12015 or under Executive Order 13562, with or without an intervening term appointment, and without a break in service of one day; (vii) The date of veterans recruitment appointment (VRA), provided the appointment is converted to a career or career-conditional appointment under § 315.705 of this chapter, or the person is appointed from a civil service register without a break in service while serving under a VRA; (viii) The date of nontemporary appointment to the Postal Career Service or the Postal Regulatory Commission after July 1, 1971, provided the individual is appointed to a career or career-conditional appointment under 39 U.S.C. 1006; (ix) The date of nontemporary appointment under Schedule A, § 213.3102(u) of this chapter, of a person with an intellectual disability, severe physical disability, or a psychiatric disability, provided the employee's appointment is converted to a career or career-conditional appointment under § 315.709; (x) The date of appointment in the Presidential Management Fellows Program under the provisions of Executive Order 13318, provided the employee's appointment was converted without a break in service to a career or career-conditional appointment under § 315.708 as in effect immediately before July 10, 2012, the effective date of the regulations that removed and reserved that section, or under Executive Order 13562; (xi) The starting date of active service as an administrative enrollee in the United States Merchant Marine Academy; (xii) Appointment as a career intern under Schedule B, § 213.3202(o) of this chapter, provided the employee's appointment was converted to a career or career-conditional appointment under § 315.712 as in effect immediately before July 10, 2012, the effective date of the regulations that removed and reserved that section; (xiii) The date of appointment as a Pathways Participant in the Internship Program under Schedule D, § 213.3402(a) of this chapter, provided the employee's appointment is converted to a career or career-conditional appointment under § 315.713(a), with or without an intervening term appointment, and without a break in service of one day; (xiv) The date of appointment as a Pathways Participant in the Recent Graduates Program under Schedule D, § 213.3402(b) of this chapter, provided the employee's appointment is converted to a career or career-conditional appointment under § 315.713(b), with or without an intervening term appointment, and without a break in service of one day; (xv) The date of appointment as a Pathways Participant in the Presidential Management Fellows Program under § 213.3402(c) of this chapter as it appeared in the January 1, 2025, edition of 5 CFR parts 1-699 (Vol. 1), provided the employee's appointment is converted to a career or career-conditional appointment under § 315.713(a)(3), with or without an intervening term appointment, and without a break in service of one day; (xvi) Employment with the District of Columbia Government after January 1, 1980 (the date the District implemented an independent merit personnel system not tied to the Federal system), provided the person was a District employee on December 31, 1979, was converted to the District system on January 1, 1980, and is employed by nontemporary appointment in the competitive service; (xvii) The date of a time-limited post-secondary student appointment under subpart F of this part provided the appointment is converted to career or career-conditional appointment under 5 CFR part 316, subpart I; and (xviii) The date of a time-limited post-secondary student appointment under subpart F of this part provided the appointment is converted to career or career-conditional appointment under 5 CFR part 316, subpart I. (2) Competitive status. (3) Crediting service. (i) Work schedule. (B) Intermittent service on or after July 1, 1962, is counted as 1 day for each day an employee is in pay status, regardless of the number of hours for which the employee is actually paid on a given day. Agencies should consult the “260-Day Work Year Chart” in OPM's Guide to Processing Personnel Actions (ii) Nonpay status on the rolls and time off the rolls. (A) Credit the first 30 calendar days of each period of nonpay status on the rolls during full-time employment, or during part-time employment on or after July 1, 1962. On this same basis, a seasonal employee receives credit for the first 30 calendar days of each period of nonduty/nonpay status. Nonpay status in excess of 30 days is not creditable. (B) Credit periods of nonpay status and time off the rolls incident to entry into and return from military service and return from defense transfer, provided the person is reemployed in Federal service during the period of his or her statutory or regulatory restoration or reemployment rights. (C) Credit periods of nonpay status and time off the rolls incident to transfer to and return from an international organization, provided the person is reemployed in Federal service under subpart C of part 352 of this chapter. (D) Credit periods of nonpay status during which an employee was eligible to receive continuation of pay or injury compensation from the Office of Workers' Compensation Programs. Also credit periods of time off the rolls during which an employee was eligible to receive injury compensation from the Office of Workers' Compensation Programs, provided the person is reemployed under part 353 of this chapter. (E) Credit up to 30 calendar days for time off the rolls that follows separation by reduction in force of employees who are eligible for entry on the reemployment priority list under subpart B of part 330 of this chapter, provided the person is reemployed in Federal service during the period of his or her reemployment priority. (F) Credit up to 30 calendar days for time off the rolls that follow involuntary separation without personal cause of employees who are eligible for a noncompetitive appointment based on an interchange agreement with another merit system under § 6.7 of this chapter, provided the person is employed in the competitive service under the agreement during the period of his or her eligibility. (G) Credit periods of nonpay status incident to an assignment to a State, local, or Indian tribal government, institution of higher education, or other eligible organization provided the employee returns to a creditable appointment pursuant to an agreement established under subchapter VI of chapter 33, title 5, U.S.C., and part 334 of this chapter. (iii) Restoration based on unwarranted or improper actions. (iv) Intervening service. (A) In the excepted service of the Federal executive branch, including employment in nonappropriated fund positions in or under any Federal agency; (B) Under temporary, term, or other nonpermanent employment in the Federal competitive service; (C) In the Senior Executive Service; (D) In the Federal legislative branch; (E) In the Federal judicial branch; (F) In the armed forces; (G) In the District of Columbia Government through December 31, 1979. For an employee on the District rolls on December 31, 1979, who converted on January 1, 1980, to the District independent personnel system, credit is also given for service between January 1, 1980, and September 25, 1980. Otherwise, service in the District of Columbia Government on or after January 1, 1980, is not creditable as intervening service; and (H) Performed overseas by family members, as defined by § 315.608 of this chapter. (c) Exceptions from service requirement. (1) An appointment to a position required by law to be filled on a permanent basis, or a conversion under this part while the employee is serving in such a position; (2) An appointment from a register of a person who once completed the service requirement for career tenure; (3) An appointment under § 315.601 of a former Canal Zone Merit System employee who completed the service requirement for career tenure under that system; or (4) The reinstatement of a person who once completed the service requirement for career tenure. [33 FR 12418, Sept. 4, 1968, as amended at 43 FR 34428, Aug. 4, 1978; 59 FR 68104, Dec. 30, 1994; 60 FR 53504, Oct. 16, 1995; 62 FR 63630, Dec. 2, 1997; 63 FR 57046, Oct. 26, 1998; 65 FR 78078, Dec. 14, 2000; 70 FR 28779, May 19, 2005; 70 FR 44221, Aug. 2, 2005; 71 FR 42245, July 26, 2006; 77 FR 28214, May 11, 2012; 81 FR 78498, Nov. 8, 2016; 86 FR 46106, Aug. 18, 2021; 90 FR 38606, Aug. 11, 2025; 91 FR 7809, Feb. 19, 2026; 91 FR 49111, Aug. 3, 2026] § 315.202 Conversion from career-conditional to career tenure. A career-conditional employee becomes a career employee automatically on completion of the service requirement for career tenure. Subpart C—Career or Career-Conditional Employment From Registers § 315.301 Tenure on appointment from register. (a) Except as provided in paragraph (b) of this section, an eligible appointed from a register for other than temporary or term employment becomes a career-conditional employee. (b) An eligible appointed from a register for other than temporary or term employment becomes a career employee when he is excepted from the service requirement for career tenure by § 315.201(c). § 315.302 Acquisition of competitive status. An employee appointed as provided in § 315.301 acquires a competitive status automatically on completion of probation. Subpart D—Career or Career-Conditional Employment by Reinstatement § 315.401 Reinstatement. (a) Agency authority. (b) Time limit. (c) Extension of time limit. (1) Employment in Federal competitive service positions under temporary, term, indefinite, or other nonpermanent appointment. (2) Employment in Federal excepted, nonappropriated fund, or Senior Executive Service positions in the executive branch; (3) Employment in the Federal judicial branch or in the executive or judicial branches of the insular possessions of the United States; (4) Employment in Federal legislative branch; (5) Employment in an international governmental organization or a territorial, State, county, municipal, or foreign government in a position in which the agency determines that the proposed appointee acquired valuable training and experience for the position to be filled; (6) A substantially full-time training course in any educational institution of recognized standing when the agency finds that the proposed appointee acquired valuable training or experience for the position to be filled; (7) Compulsory service on work of national importance under civilian direction as required by the Military Selective Service Act; (8) Active military duty terminated under honorable conditions; (9) Service with the District of Columbia Government prior to January 1, 1980. In addition, for an employee on the District Government rolls on December 31, 1979, who was converted on January 1, 1980, to the District of Columbia merit personnel system, continuous District Government service after that date also extends the 3-year period; (10) Periods of nonemployment during which a person is eligible for injury compensation under the Office of Workers' Compensation Programs; (11) Periods of nonemployment during which a person receives disability retirement under the Civil Service or Federal Employees Retirement System; (12) Employment by a nonfederal organization when the person's function was transferred to the nonfederal organization on a contract basis or by law or executive order; (13) Volunteer service and training required prior to actual enrollment as a volunteer with Peace Corps, VISTA, and other programs of the Corporation for National and Community Service if it begins within the period the person is eligible for reinstatement; and (14) Periods of overseas residence during which a spouse or unmarried child, under 21 years of age, of a member of the Armed Forces or of a Federal civilian employee is accompanying that individual on official assignment to an overseas post of duty. Overseas posts of duty are duty locations outside the 50 States of the United States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. [33 FR 12418, Sept. 4, 1968, as amended at 59 FR 68107, Dec. 30, 1994; 60 FR 53504, Oct. 16, 1995] § 315.402 Tenure on reinstatement. (a) Except as provided in paragraph (b) of this section, a person who is reinstated becomes a career-conditional employee. (b) A person who is reinstated becomes a career employee when he has completed the service requirement for career tenure or is excepted from it by § 315.201(c). § 315.403 Acquisition of competitive status. A person who was serving probation when he was separated and who is reinstated under § 315.401 acquires a competitive status automatically on completion of probation. Subpart E—Career or Career-Conditional Employment by Transfer § 315.501 Transfer. Subject to part 335 of this chapter, an agency may appoint by transfer to a competitive service position, without a break in service of a single workday, a current career or career-conditional employee of another agency. [60 FR 53504, Oct. 16, 1995] § 315.502 Tenure on transfer. (a) General rule. (b) Exceptions. (2) A career employee who transfers from a position required by law to be filled on a permanent basis becomes a career-conditional employee unless he or she has completed the service requirement for career tenure. [60 FR 53504, Oct. 16, 1995] § 315.503 Acquisition of competitive status. An employee who was serving probation when he was appointed under § 315.501 acquires a competitive status automatically on completion of probation. Subpart F—Career or Career-Conditional Appointment Under Special Authorities § 315.601 Appointment of former employees of the Canal Zone Merit System or Panama Canal Employment System. (a) Agency authority. (b) Service requirement. (c) Time limits. (i) Is a preference eligible; or (ii) Has completed at least 3 years of service, which did not include any break in service longer than 30 days, under one or more career-conditional or career appointments in the Canal Zone Merit System and/or the Panama Canal Employment System. (2) An agency may appoint under this section an employee who does not meet the conditions in (c)(1) of this section provided no more than 3 years have elapsed since: (i) separation from a qualifying Canal Zone Merit System or Panama Canal Employment System appointment; or (ii) separation from service in Panama in a position excluded from the Canal Zone Merit System or Panama Canal Employment System, when such service immediately followed service under a qualifying appointment in one of those systems. (d) Tenure on appointment. (2) A former Canal Zone Merit System and/or Panama Canal Employment System employee whose service from the date of career-conditional appointment in the Canal Zone Merit System or Panama Canal Employment System through the date of noncompetitive appointment under this section, inclusive, does not include any break in service of more than 30 days and totals at least 3 years becomes a career employee. (3) All other former Canal Zone Merit System and Panama Canal Employment System employees become career-conditional employees. (e) Acquisition of competitive status. (1) On appointment, if he or she has satisfactorily completed a 1-year probationary period under the Canal Zone Merit System and/or the Panama Canal Employment System. (2) On satisfactory completion of probation in accordance with § 315.80 (a)(3) if he or she had not completed a 1-year probationary period under the Canal Zone Merit System or Panama Canal Employment System. [48 FR 13951, Apr. 1, 1983] § 315.602 Appointment based on service in the Office of the President or Vice-President or on the White House Staff. (a) Agency authority. (b) Tenure on appointment. (2) A person appointed under paragraph (a) of this section becomes a career employee when he or she has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (c) Acquisition of competitive status. [44 FR 54692, Sept. 21, 1979] § 315.603 Appointment based on former incumbency of a position brought into the competitive service. (a) Agency authority Employee in military service. (i) The position was brought into the competitive service before or during his military service or during the period in which he had restoration rights thereto, and he left the position to enter military service before the end of the time limits set forth in § 315.701(c); (ii) He has been released from military service under honorable conditions; (iii) The agency submits a recommendation for his appointment to OPM within 6 months after release from military service under honorable conditions or after hospitalization continuing after release for not more than 1 year; and (iv) He performed 6 months of satisfactory service immediately before the date his position was brought into the competitive service in a position or positions brought into the competitive service, or in the civilian executive branch of the Government, unless OPM has excepted his particular type of case from this requirement. (2) Employee separated. (i) He is recommended for appointment within the time limits set forth in § 315.701(c); and (ii) He performed 6 months of satisfactory service immediately before the date his position, was brought into the competitive service, in a position or positions brought into the competitive service or in the civilian executive branch of the Government, unless OPM has excepted his particular type of case from this requirement. (3) Employee recovered from compensable injury. and (i) The employee is entitled to restoration based on recovery from compensable injury in accordance with 5 U.S.C. 8151 and part 353; (ii) The employee's position was brought into the competitive service either before the employee's separation for compensable injury or during his or her period of statutory restoration rights following such injury, and the employee's separation for compensable injury occurred before the end of the time limits set forth in § 315.701(c); (iii) The agency initiates the appointment within 6 months after cessation of compensation; and (iv) The employee performed 6 months of statisfactory service immediately before the date his or her position was brought into the competitive service in the civilian executive branch of the Government, unless OPM has excepted his or her particular type of case from this requirement. (b) Review of disapproved recommendations. (c) Tenure on appointment. (2) A person appointed under paragraph (a) of this section becomes a career employee when he has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (d) Acquisition of competitive status. (2) A person appointed under paragraph (a)(2) or (a)(3) of this section acquires a competitive status automatically on completion of probation. [33 FR 12418, Sept. 4, 1968, as amended at 43 FR 34428, Aug. 4, 1978; 54 FR 37092, Sept. 7, 1989; 66 FR 66710, Dec. 27, 2001] § 315.604 Employment of disabled veterans who have completed a training course under Chapter 31 of title 38, United States Code. (a) When a disabled veteran satisfactorily completes an approved course of training prescribed by the Veterans Administration under chapter 31, title 38, United States Code, any agency may appoint the veteran noncompetitively to the position of class of positions for which trained. (b) Conversion. (c) Disqualifications. (d) Tenure on approval of recommendation. (1) A career-conditional employee, except as provided in paragraph (d)(2) of this section; and (2) A career employee when he or she has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (e) Acquisition of competitive status. [44 FR 54692, Sept. 21, 1979, as amended at 44 FR 55132, Sept. 25, 1979] § 315.605 Appointment of former ACTION volunteers. (a) Agency authority. et seq. et seq. (b) Time limit. (1) In the military service; (2) Studying at a recognized institution of higher learning; or (3) In another activity which, in the agency's view, warrants extension. (c) Conditions. (d) Tenure on appointment. (2) A person appointed under paragraph (a) or this section becomes a career employee if excepted from the service requirement for career tenure by § 315.201(c). (e) Acquisition of competitive status. [39 FR 961, Jan. 4, 1974, as amended at 43 FR 20954, May 16, 1978; 43 FR 34428, Aug. 4, 1978] § 315.606 Noncompetitive appointment of certain present and former Foreign Service officers and employees. Subject to the conditions prescribed by OPM, an agency may appoint noncompetitively a present or former career officer or employee of the Foreign Service who was appointed under authority of the Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq. (a) He qualifies under the requirements set forth in Executive Order 11219, and (b) OPM has concurred in his present or former agency's plan, and substantive changes thereto, for noncompetitive entry of civil service employees into the Foreign Service positions of that agency. [33 FR 12418, Sept. 4, 1968, as amended at 66 FR 66710, Dec. 27, 2001] § 315.607 Noncompetitive appointment of present and former Peace Corps personnel. (a) An agency in the executive branch may appoint noncompetitively, for other than temporary appointment, an individual: (1) Who has completed no less than 36 months of continuous service without a break in service of 3 days or more under section 7(a) of the Peace Corps Act (22 U.S.C. 2506) which pertains to the appointment of Peace Corps staff (not volunteers); (2) Whom the Director of the Peace Corps certifies as having satisfactorily served under such an appointment; and (3) Who meets OPM qualification standards—including any written test requirements—for the position in question. (4) Who is not a Peace Corps volunteer as this paragraph does not apply to Peace Corps volunteers. (b) Time limitations. (2) An agency may not extend this period. (c) Conditions. (d) Acquisition of competitive status. (e) Tenure on appointment. (2) A person appointed under paragraph (a) of this section becomes a career employee if excepted from the service requirement for career tenure by § 315.201(c). [45 FR 43365, June 27, 1980, as amended at 46 FR 35079, July 7, 1981; 54 FR 37092, Sept. 7, 1989] § 315.608 Noncompetitive appointment of certain former overseas employees. (a) Authority. (1) Tenure. (2) Competitive status. (b) Creditable overseas service. (c) Service waiver. (d) Time limit on eligibility. (1) The time the individual was accompanying a sponsor on official assignment to an area of the United States with no significant opportunities for Federal employment; or (2) The time an individual was incapacitated for employment. (e) Definitions. (1) Family member. (2) Sponsor. (i) Officially assigned. (ii) Federal civilian employee. (iii) Nonappropriated fund employee. (iv) Member of a uniformed service. (3) Accompanying. (4) Local hire appointment. (i) Overseas limited appointment under 5 CFR 301.203(b) or (c); (ii) Expected appointment under Schedule A 213.3106(b)(1), 213.3106(b)(6), or 213.3106(d)(1)) when the duration of the appointment is tied to the sponsor's rotation date or when the appointment is made on a not-to-exceed (NTE) basis; (iii) An “American family member” or “part-time intermittent temporary (PIT)” appointment in U.S. diplomatic establishments; (iv) 50 U.S.C. 403j; Public Law 86-36 (50 U.S.C. 402, note); the Berlin Tariff Agreement; or as a local national employee paid from appropriated funds; or (v) Any other nonpermanent appointment in the competitive or excepted service approved by OPM. (5) Overseas. (6) Domestic partner. (7) Domestic partnership. (i) Are each other's sole domestic partner and intend to remain so indefinitely; (ii) Maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment-related, financial, or similar obstacle); (iii) Are at least 18 years of age and mentally competent to consent to contract; (iv) Share responsibility for a significant measure of each other's financial obligations; (v) Are not married or joined in a civil union to anyone else; (vi) Are not the domestic partner of anyone else; (vii) Are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the domestic partnership was formed; (viii) Are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 U.S.C. 1001, and that the method for securing such certification, if required, shall be determined by the agency; and (ix) Are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership. [61 FR 9322, Mar. 8, 1996, as amended at 77 FR 42903, July 20, 2012] § 315.609 Appointment based on service in United States positions of the Panama Canal Commission. (a) Agency authority. (b) Service requirement. (c) Time limits. (i) Is a preference eligible; or (ii) Has completed at least 3 years of service, which did not include any break in service longer than 30 days, under one or more nontemporary appointments in Panama Canal Commission positions located in the United States or in positions under the Canal Zone Merit System and/or the Panama Canal Employment System. (2) An agency may appoint under this section an employee who does not meet the conditions in (c)(1) of this section only if no more than 3 years have elapsed since the individual's separation from a qualifying appointment. (d) Tenure on appointment. (2) All other individuals appointed under this section become career-conditional employees. (e) Acquisition of competitive status. (1) On appointment, if he or she has satisfactorily completed a 1-year trial period, which did not include more than 22 workdays in nonpay status, during qualifying employment with the Panama Canal Commission. (2) On satisfactory completion of probation if he or she had not previously completed such a 1-year trial period. [48 FR 29667, June 28, 1983, as amended at 90 FR 26729, June 24, 2025] § 315.610 Noncompetitive appointment of certain National Guard technicians. (a) An agency may appoint noncompetitively a National Guard technician who— (1) Was involuntarily separated (other than by removal for cause on charges of misconduct or delinquency); (2) Has served at least 3 years as a technician; (3) Meets the qualifications requirements of the job: and (4) Is appointed within 1 year after separating from service as a Guard Technician. (b) The noncompetitive appointing authority also applies to National Guard technicians separated before October 29, 1986, provided they are appointed within a year of the date of separation. [52 FR 5431, Feb. 23, 1987] § 315.611 Appointment of certain veterans who have competed under agency merit promotion announcements. (a) Agency authority. (1) The veteran was selected from among the best qualified following competition under a merit promotion announcement open to candidates outside the agency's workforce; and (2) The veteran's most recent separation from the military was under honorable conditions. (b) Definitions. [65 FR 14432, Mar. 17, 2000] § 315.612 Noncompetitive appointment of certain military spouses. (a) Agency authority. percent (b) Definitions Active duty (2) Armed forces (3) Duty station (4) Member of the armed forces service member (i) Is serving on active duty in the armed forces or serving under orders specifying the individual is called or ordered to active duty for more than 180 consecutive days; (ii) Retired or was released or discharged from active duty in the armed forces and has a disability rating of 100 percent as documented by the Department of Veterans Affairs; or (iii) Was killed while serving on active duty in the armed forces. (5) Spouse (c) Eligibility. (ii) For appointments made on or after January 1, 2029, the following additional criteria must be met for eligibility for appointment (for appointments made prior to or on December 31, 2028, the criteria in this paragraph (c)(1)(ii) does not apply): (A) The member of the armed forces must have received orders authorizing a permanent change of station. (B) The spouse must have married the member of the armed forces on, or prior to, the date of such orders authorizing the permanent change of station. (C) The spouse must have relocated or is relocating with the member of the armed forces to the new duty station specified in the documentation ordering the permanent change of station. (2) A spouse of a member of the armed forces as defined in paragraph (b)(4)(ii) of this section must be currently married to the member of the armed forces. (3) A spouse of a member of the armed forces as defined in paragraph (b)(4)(iii) of this section must be the un-remarried widow or widower of the member of the armed forces killed on active duty in the armed forces. (4) Except as indicated in paragraph (c)(5) of this section, noncompetitive appointment of eligible spouses under this section are not restricted to a geographical location. (5) Beginning January 1, 2029, the noncompetitive appointment of a relocating spouse of a member of the armed forces as defined in paragraph (b)(4)(i) of this section is limited to the geographic area of the permanent duty station of the member of the armed forces, unless there is no agency with a position within the geographic area of the permanent duty station of the member of the armed forces. (d) Conditions. (i) From the date of documentation verifying the spouse's marriage to a member of the armed forces as defined in paragraph (b)(4)(i) of this section, where the spouse seeks appointment based upon marriage to an active duty member of the armed forces; (ii) From the date of documentation verifying that the member of the armed forces is 100 percent disabled, where the spouse seeks appointment based upon marriage to a member defined in paragraph (b)(4)(ii) of this section; or (iii) From the date of documentation verifying that the member of the armed forces was killed while on active duty where the spouse seeks appointment as the widow or widower of a member defined in paragraph (b)(4)(iii) of this section. (2) The spouse of a member of the armed forces as defined in paragraph (b)(4)(i) of this section may receive unlimited noncompetitive appointments under this section to permanent positions through December 31, 2028. Beginning January 1, 2029, the spouse of such a member may receive a noncompetitive appointment under this section if the member receives permanent change of station orders and is limited to one such appointment per permanent change of station. (3) A spouse of a member of the armed forces as defined in paragraph (b)(4)(ii) or (iii) of this section may receive only one noncompetitive appointment under this section to a permanent position. (4) Any law, Executive order, or regulation that disqualifies an applicant for appointment also disqualifies a spouse for appointment under this section. (e) Proof of eligibility. (A) Documentation verifying active duty status; and (B) Documentation verifying marriage to the member of the armed forces ( i.e., (ii) For appointments made on or after January 1, 2029, the spouse must also submit to the employing agency a copy of the service member's orders reflecting a permanent change of station, dated January 1, 2029, or later. (For appointments made on or before December 31, 2028, the requirement of this paragraph (e)(1)(ii) does not apply.) (2) Prior to appointment, the spouse of a member of the armed forces as defined in paragraph (b)(4)(ii) of this section must submit to the employing agency copies of: (i) Documentation showing the member of the armed forces retired, or was released or discharged from active duty, with a disability rating of 100 percent; and (ii) Documentation verifying marriage to the member of the armed forces ( i.e., (3) Prior to appointment, the spouse of a member of the armed forces as defined in paragraph (b)(4)(iii) of this section must submit to the employing agency copies of: (i) Documentation showing the member was released or discharged from active duty due to his or her death while on active duty; (ii) Documentation verifying the member of the armed forces was killed while serving on active duty; (iii) Documentation verifying the widow or widower's marriage to the member of the armed forces ( i.e., (iv) A statement certifying that the individual seeking to use the authority is the un-remarried widow or widower of the service member. (f) Acquisition of competitive status. (g) Tenure on appointment. (h) Agency reporting requirements. (i) The number of positions made available under the military spouse hiring authority; (ii) The number of applications submitted under the military spouse hiring authority; (iii) The number of military spouses appointed under the military spouse hiring authority during the preceding fiscal year; and (iv) Actions taken to advertise the military spouse hiring authority, and any other actions taken to promote the hiring of military spouses. (2) Agencies must send their reports electronically to OPM's Employee Services, VETS Office at [email protected]. (3) Agencies are also required to send their reports separately and directly to Department of Labor (DOL) at [email protected] [74 FR 40476, Aug. 12, 2009, as amended at 76 FR 54072, Aug. 31, 2011; 86 FR 52396, Sept. 21, 2021; 88 FR 66678, Sept. 28, 2023] § 315.613 Appointment of current and former land management eligibles serving under time-limited appointments. (a) Appointment of land management eligibles. (i) May appoint a land management eligible who is a current time-limited employee of a land management agency to a permanent position provided the land management eligible was selected from among the best qualified following competition under a merit promotion announcement open to candidates outside of the hiring agency's workforce; and (ii) May appoint a land management eligible who is a former time-limited employee of a land management agency to a permanent position provided: (A) The land management eligible applied for that position within the 2-year period following the most recent date of separation from a land management agency; and (B) Was selected from among the best qualified following competition under a merit promotion announcement open to candidates outside of the hiring agency's workforce. (2) In addition, a land management agency— (i) May appoint a land management eligible who is a current time-limited employee of that agency to a permanent position provided the land management eligible was selected from among the best qualified following competition under a merit promotion announcement open to candidates within that agency's workforce; and (ii) May appoint a land management eligible who is a former time-limited employee of that land management agency to a permanent position provided: (A) The land management eligible applied for that position within the 2-year period following the most recent date of separation from a land management agency; (B) The land management agency from which the land management eligible most recently separated is the same land management agency as the one making the appointment; and (C) The land management eligible was selected from among the best qualified following competition under a merit promotion announcement open to candidates within that agency's workforce. (b) Definitions Agency (2) Land management agency (i) The Forest Service of the U.S. Department of Agriculture; (ii) The Bureau of Land Management of the U.S. Department of the Interior; (iii) The National Park Service of the U.S. Department of the Interior; (iv) The Fish and Wildlife Service of the U.S. Department of the Interior; (v) The Bureau of Indian Affairs of the U.S. Department of the Interior; and (vi) The Bureau of Reclamation of the U.S. Department of the Interior. (3) Land management eligible (i) An individual currently serving in a land management agency who: (A) Initially was hired under competitive procedures, for a time-limited appointment in the competitive service in accordance with part 316, and has not received a permanent appointment; (B) Has served under one or more time-limited appointments by a land management agency for a period or periods totaling more than 24 months without a break in service of 2 or more years; and (C) Has performed at an acceptable level during each period of service; or (ii) An individual who previously served in a land management agency who: (A) Initially was hired under a time-limited appointment under competitive procedures in the competitive service in accordance with part 316, and did not receive a permanent appointment before leaving Federal service; (B) Served under one or more time-limited appointments by a land management agency for a total period of more than 24 months without a break in service of 2 or more years; (C) Performed at an acceptable level throughout the service period(s); (D) Applied for a position covered by these provisions within 2 years after the individual's most recent date of separation from a land management agency; and (E) With respect to the individual's most recent separation, for reasons other than misconduct or performance. For these purposes, an individual under this paragraph is deemed a time-limited employee of the land management agency from which the individual was most recently separated. (4) Time-limited appointment (c) Conditions. (d) Acquisition of competitive status. (e) Tenure on appointment. [88 FR 84689, Dec. 6, 2023] § 315.614 Hiring authority for college graduates. (a) Appointment authority. (b) Eligibility. (1) Has received a baccalaureate or graduate degree from an institution of higher education as defined in 20 U.S.C. 1001(a) and has applied for the position being filled under the authority in this section (using the date on which the application is received by the hiring agency as the date of submission), either: (i) Not later than two years after the date on which the individual received their degree described in paragraph (b)(1) introductory text of this section; or (ii) Not later than two years after the date on which the individual was released or discharged from an intervening period of obligated service of not less than four years of full-time active-duty uniformed service; and (2) Meets the qualification standards prescribed or approved by OPM for the position to which the individual is being appointed. (c) Qualifications. (d) Classification. (e) Public notice and advertising. www.USAJOBS.gov (1) The position title, series, grade level; (2) The geographic location where the position will be filled; (3) The starting salary of the position; (4) The minimum qualifications of the position; (5) Whether the position has promotion protentional to higher grade levels; (6) Any other relevant information about the position such as telework opportunities, recruitment incentives, etc.; (7) Specific information instructing applicants on how to apply; (8) Equal employment opportunity statement (Agencies may use the recommended equal employment opportunity statement located on OPM's USAJOBS website.); and (9) Reasonable accommodation statement. (f) Appointment type. (g) Acquisition of competitive status. (h) Tenure upon appointment. (i) Numerical limit on the number of appointments. (2) During any given fiscal year, OPM may establish a lower limitation on the number of individuals that may be appointed under paragraph (i)(1) of this section based on any factor OPM considers appropriate. OPM shall notify agencies via the OPM website and other venues (such as the Chief Human Capital Officer's Council) of any changes to the numerical limitation, applicable governmentwide. Changes to the numerical limit for an individual agency will be communicated directly to the agency. (j) Special provisions for Department of Defense. [86 FR 61046, Nov. 5, 2021, as amended at 90 FR 26729, June 24, 2025; 91 FR 8070, Feb. 20, 2026] Subpart G—Conversion to Career or Career-Conditional Employment From Other Types of Employment § 315.701 Incumbents of positions brought into the competitive service. (a) Employee coverage. (1) Was serving in a permanent excepted position under an appointment not limited to 1 year or less, or in a public or private enterprise in a position which the agency determines to be a continuing one, at the time his position was brought into the competitive service; and (2) Performed 6 months of satisfactory service immediately before the date his position was brought into the competitive service, in a position or positions brought into the competitive service, or in the civilian executive branch of the Government, unless OPM has excepted his particular type of case from this requirement. (b) Eligibility for conversion. (c) Time limits. (1) When it is necessary for OPM to determine that § 316.701 or § 316.702 applies to a group of positions, the recommendation shall be submitted within 6 months after OPM advises the agency of its determination; and (2) When an employee is absent on an assignment to an organization or agency from which reemployment rights are provided under part 352 of this chapter or by statute, the conversion shall be initiated within 6 months after the employee's return from such assignment, when reemployment occurs within the time limits prescribed in the applicable statute or regulation; (3) When an employee is absent on approved leave without pay, the conversion shall be initiated within 6 months of the employee's return to duty, when such return occurs within time limits authorized by the agency; and (4) When an employee who is serving on military duty or who is separated and rehired during the 6-month period after the position is brought into the competitive service is eligible for conversion under the provisions of § 315.603, the conversion shall be initiated within the time limits prescribed by that section. (d) Tenure on approval of conversion. (1) A career-conditional employee, except as provided in paragraph (b)(2) of this section; (2) A career employee when he has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (e) Acquisition of competitive status. (f) Review of disapproved conversions. [33 FR 12418, Sept. 4, 1968, as amended at 43 FR 34428, Aug. 4, 1978; 66 FR 66710, Dec. 27, 2001] § 315.702 Employees serving without competitive examination in rare cases. (a) Recommendation by agency. (b) Tenure on approval of recommendation. (1) A career-conditional employee, except as provided in paragraph (b)(2) of this section; (2) A career employee when he has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (c) Acquisition of competitive status. § 315.703 Employees formerly reached on a register. (a) Employee coverage. (1) The employee's name was included on an appropriate certificate issued while the employee was serving in the position, or reconstruction of the appropriate register verifies that the employee would have been within reach; (2) The register was being used for career and career-conditional appointments when he or she was reached; (3) He or she has been continuously employed since being reached; (4) Conversion is initiated either before the expiration of the register or during a period of continuous service since the employee was reached; and (5) When the employee is a nonpreference eligible who was first reached after February 1, 1955, the Office, or the agency, in accordance with an agreement with the Office, determines that satisfactory reasons existed for passing over any preference eligible who preceded the employee on the register when he or she was reached and who is still within reach and available for appointment. (b) Tenure on conversion. (1) A career-conditional employee except as provided in paragraph (b)(2) of this section; (2) A career employee when he or she has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (c) Acquisition of competitive status. [44 FR 55132, Sept. 25, 1979] § 315.704 Conversion to career employment from indefinite or temporary employment. (a) General. (1) Complete a total of at least 3 years of service in such a position under one or more such appointments without a break in service of more than 30 calendar days or without an interruption by nonqualifying service of more than 30 calendar days; (2) Have rendered satisfactory service for the 12 months immediately preceding the conversion; and (3) Meet applicable qualification requirements for the positions and are otherwise eligible for career employment. This paragraph does not apply to employees serving under an overseas limited appointment or in positions above GS-15 or equivalent. (b) Creditable service. (2) The Office shall publish in its operating manuals the conditions under which full-time, part-time, and intermittent employment is creditable in meeting the service requirement under paragraph (a) of this section. (c) Termination after failure to meet conversion requirements. (d) Administrative error. [44 FR 54692, Sept. 21, 1979. Redesignated at 44 FR 63080, Nov. 2, 1979, as amended at 66 FR 66710, Dec. 27, 2001] § 315.705 Employees serving under transitional or veterans recruitment appointments. (a) Agency action. (2) Within 30 calendar days after an employee completes (i) 2 years of substantially continuous service under a veterans recruitment appointment or under a combination of transitional and veterans recruitment appointments and (ii) his training or educational programs, the employing agency shall convert his appointment to career or career-conditional employment. (b) Tenure. (1) A career-conditional employee, except as provided in paragraph (b)(2) of this section; (2) A career employee if he has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (c) Acquisition of competitive status. [35 FR 5661, Apr. 8, 1970. Redesignated at 44 FR 63080, Nov. 2, 1979] § 315.706 Certain nonpermanent employees of the Department of Energy. (a) General. (b) Tenure upon conversion. (c) Acquisition of competitive status. [43 FR 14002, Apr. 4, 1978. Redesignated at 44 FR 63080, Nov. 2, 1979] § 315.707 Disabled veterans. (a) Eligibility. (2) To be eligible for conversion under this paragraph, the veteran must: (i) Have been retired from active military service with a disability rating of 30 percent or more; (ii) Have been rated by the Department of Veterans Affairs since 1991 or later, or by a branch of the Armed Forces at any time, as having a compensable service-connected disability of 30 percent or more; or (iii) Have been so rated by the Department of Veterans Affairs, or by a branch of the Armed Forces, at the time of a qualifying temporary appointment effected within the year immediately preceding, or a term appointment effected within four years immediately preceding, the conversion. (b) Tenure on conversion. (2) A person appointed under paragraph (a) of this section becomes a career employee if excepted from the service requirement for career tenure by § 315.201(c). (c) Acquisition of competitive status. [44 FR 44813, July 31, 1979. Redesignated at 44 FR 63080, Nov. 2, 1979, as amended at 66 FR 66710, Dec. 27, 2001; 73 FR 60611, Oct. 14, 2008] § 315.708 [Reserved] § 315.709 Appointment for Persons With Disabilities. (a) Coverage. (1) Completes 2 or more years of satisfactory service, without a break of more than 30 days, under a nontemporary appointment under § 213.3102(u); (2) Is recommended for such conversion by his or her supervisor; (3) Meets all requirements and conditions governing career and career-conditional appointment except those requirements concerning competitive selection from a register and medical qualifications; and (4) Is converted without a break in service of one workday. (b) Tenure on conversion. (1) A career-conditional employee, except as provided in paragraph (b)(2) of this section; or (2) A career employee if he or she has completed 3 years of substantially continuous service in a temporary appointment under § 213.3102(u) of this chapter, or has otherwise completed the service requirement for career tenure, or is excepted from it by § 315.201(c). (c) Acquisition of competitive status. [71 FR 42245, July 26, 2006] § 315.710 Professional and administrative career employees serving under Schedule B appointments. (a) Coverage. Luevano Devine (b) Eligibility. (1) Complete at least 1 year of Schedule B service at the GS-7 level that meets the quality of experience requirement for the GS-9 position in which converted (less than full-time service is credited according to the relation it bears to the full-time workweek); (2) Demonstrate performance that warrants conversion at GS-9 (a current performance rating of fully successful or better for the year immediately preceding conversion is necessary for this purpose); (3) Meet all requirements and conditions governing career and career-conditional appointment except those requirements concerning competitive selection from a register; (4) Are converted without a break in service of one workday or more; and (5) Are converted as a result of a deliberate decision by management. (c) Tenure on conversion. (1) A career-conditional employee, except as provided in paragraph (c)(2) of this section; (2) A career employee if he or she has completed 3 years of substantially continuous service in nontemporary appointments under § 213.3202(l) of this chapter, or has otherwise completed the service requirement for career tenure, or is excepted from it by § 315.201(c). (d) Acquisition of competitive status. [52 FR 25194, July 6, 1987, as amended at 52 FR 43722, Nov. 15, 1987; 66 FR 66710, Dec. 27, 2001] § 315.711 Readers, interpreters, and personal assistants serving under Schedule A appointments. (a) Agency authority. (1) Who completed at least 1 year of satisfactory service in such a position under a non-temporary appointment under 5 CFR 213.3102(11); and (2) Whose employment in such a position is no longer necessary for reasons beyond management control, e.g. resignation or reassignment of the employee being assisted. (b) Tenure on appointment. (2) A person appointed under paragraph (a) of this section becomes a career employee when he or she has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (c) Acquisition of competitive status. [55 FR 12327, Apr. 3, 1990] § 315.712 [Reserved] § 315.713 Conversion based on service in a Pathways Program under part 362 of this chapter. (a) Agency authority. (1) An Intern who has satisfactorily completed the Internship Program and meets all eligibility requirements for conversion under subpart B of part 362 of this chapter; and (2) A Recent Graduate who has satisfactorily completed the Recent Graduates Program and meets all eligibility requirements for conversion under subpart C of part 362 of this chapter. (b) Tenure on conversion. (1) A career-conditional employee except as provided in paragraph (b)(2) of this section; (2) A career employee when he or she has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (c) Acquisition of competitive status. [77 FR 28215, May 11, 2012, as amended at 90 FR 38606, Aug. 11, 2025; 90 FR 57137, Dec. 10, 2025] § 315.714 Conversion based on service in a post-secondary student appointment under part 316, subpart I, of this chapter. (a) Agency authority. (b) Eligibility. (1) Have completed the course of study leading to the baccalaureate or graduate degree; (2) Have completed not less than 640 hours of current continuous employment in an appointment under § 316.902 of this chapter; (3) Meet the OPM qualification standards for the position to which the student will be converted; and (4) Meet the time-in-grade requirements in accordance with 5 CFR part 300, subpart F. (c) Tenure on conversion. (1) A career-conditional employee except as provided in paragraph (c)(2) of this section; or (2) A career employee when he or she has completed the service requirement for career tenure or is excepted from it by § 315.201(c). (d) Acquisition of competitive status. [91 FR 7809, Feb. 19, 2026] § 315.725 Disqualifications. Any law, executive order, or civil service rule or regulation which would disqualify an applicant for appointment shall also disqualify an employee for conversion of his employment to career or career-conditional employment under this subpart. [33 FR 12418, Sept. 4, 1968. Redesignated at 44 FR 63080, Nov. 2, 1979] Subpart H [Reserved] Subpart I—Probation on Initial Appointment to a Supervisory or Managerial Position Source: 44 FR 44811, July 31, 1979, unless otherwise noted. § 315.901 Statutory requirement. 5 U.S.C. 3321 provides for “a period of probation . . . before initial appointment as a supervisor or manager becomes final.” It also says that a supervisor or manager “who does not satisfactorily complete the probationary period . . . shall be returned to a position of no lower grade and pay than the position from which the individual was transferred, assigned or promoted.” This subpart contains OPM regulations implementing those requirements of law. § 315.902 Definitions. In this subpart supervisory position managerial position [60 FR 53505, Oct. 16, 1995] § 315.903 Coverage. This subpart applies to appointments and positions without time limitation in the competitive civil service. Agencies may, at their option, apply these provisions to time-limited appointments and positions. This subpart does not apply to appointments or positions in the Senior Executive Service. § 315.904 Basic requirement. (a) An employee is required to serve a probationary period prescribed by the agency upon initial appointment to a supervisory and/or managerial position. (b) An employee is required to complete a single probationary period in a supervisory position and a single probationary period in a managerial position, regardless of the number of agencies, occupations, or positions in which the employee serves. However, an agency may by regulation provide for exceptions to the probationary period for managers who have satisfactorily completed a probationary period for supervisors when justified on the basis of performance and experience. (c) Employees who, as of the date this requirement is effective, are serving or have served in Federal civilian supervisory or managerial positions without time limitation, or in time-limited supervisory or managerial positions under an official assignment exceeding 120 days, are exempt from its provisions, except that supervisors who are assigned to managerial positions may, according to agency regulations, be required to serve a probationary period for managers. § 315.905 Length of the probationary period. The authority to determine the length of the probationary period is delegated to the head of each agency, provided that it be of reasonable fixed duration, appropriate to the position, and uniformly applied. An agency may establish different probationary periods for different occupations or a single one for all agency employees. § 315.906 Crediting service toward completion of the probationary period. (a) An employee who is reassigned, transferred, or promoted to another supervisory or managerial position while serving a probationary period under this subpart is subject to the probationary period prescribed for the new position. Service in the former position counts toward completion of the probationary period in the new position. If the former position was supervisory and the new position managerial, service counts in the manner prescribed by agency regulation. (b) Service on detail, temporary promotion, or reassignment to another supervisory or managerial position while serving probation is creditable toward completion of probation. Service in a nonsupervisory or nonmanagerial position is not creditable. (c) Absence in nonpay status while on the rolls (other than for compensable injury or military duty) is creditable up to a total of 22 workdays. Absence (whether on or off the rolls) due to compensable injury or military duty is creditable in full upon restoration to Federal service. Nonpay time in excess of 22 workdays extends the probationary period by an equal amount. (d) Service during a probationary period from which an employee was separated or demoted for performance or conduct reasons does not count toward completion of probation required under a subsequent appointment. In other situations in which an employee does not complete probation, service is creditable as determined by agency policy. (e) Temporary service in a supervisory or managerial position under temporary appointment, promotion, or reassignment prior to probation [44 FR 44811, July 31, 1979, as amended at 60 FR 53505, Oct. 16, 1995] § 315.907 Failure to complete the probationary period. (a) Satisfactory completion of the prescribed probationary period is a prerequisite to continued service in the position. An employee who, for reasons of supervisory or managerial performance, does not satisfactorily complete the probationary period is entitled to be assigned, except as provided in paragraph (b) of this section, to a position in the agency of no lower grade and pay than the one the employee left to accept the supervisory or managerial position. (b) A nonsupervisory or nonmanagerial employee who is demoted into a position in which probation under § 315.904 is required and who, for reasons of supervisory or managerial performance, does not satisfactorily complete the probationary period is entitled to be assigned to a position at the same grade and pay as the position in which he or she was serving probation. The employee is eligible for repromotion in accordance with agency promotion policy. (c) The agency must notify the employee in writing that he or she is being assigned in accordance with this section. [49 FR 39287, Oct. 5, 1984, as amended at 60 FR 53505, Oct. 16, 1995] § 315.908 Appeals. (a) An employee who, in accordance with the provisions of this subpart, is assigned to a nonmanagerial or nonsupervisory position, has no appeal right. (b) An employee who alleges that an agency action under this subpart was based on partisan political reasons or marital status may appeal to the Office of Personnel Management using the procedures in 5 CFR part 751. [44 FR 44811, July 31, 1979, as amended at 91 FR 49111, Aug. 3, 2026] § 315.909 Relationship to other actions. (a) If an employee is required to concurrently serve both a probationary period under this subpart and a probationary period under part 11 of this chapter, the latter takes precedence and completion of the probationary period for competitive appointment fulfills the requirements of this subpart. (b) An action which demotes an employee to a lower grade than the one the employee left to accept the supervisory or managerial position, and an action against an employee for reasons other than supervisory or managerial performance, is governed by procedures under part 432 or 752 of this chapter, whichever is applicable. This section does not preclude an employee from filing a complaint, appeal, or other matter within the independent jurisdiction of the Equal Employment Opportunity Commission, the Merit Systems Protection Board, or the Office of Special Counsel, consistent with § 751.101(e) of this chapter. [44 FR 44811, July 31, 1979, as amended at 90 FR 26729, June 24, 2025; 91 FR 54794, Aug. 25, 2026]