PART 352—REEMPLOYMENT RIGHTS Source: 33 FR 12433, Sept. 4, 1968, unless otherwise noted. Editorial Note: Nomenclature changes to part 352 appear at 69 FR 2050, Jan. 13, 2004. Subpart A [Reserved] Subpart B—Reemployment Rights Based on Movement Between Executive Agencies During Emergencies Authority: 5 U.S.C. 3101 note, 3301, 3131 et seq. et seq. § 352.201 Letter of Authority. (a) Definition. (b) Scope of authority. (c) Time limit of authority. § 352.202 Request for Letter of Authority. When an agency believes that an emergency situation is so critical as to justify offers of reemployment rights, it may request OPM to issue a Letter of Authority. In submitting the request the agency shall present its justification in terms of the standards provided in § 352.203. § 352.203 Standards for issuing Letters of Authority. OPM will determine the standards to be used in issuing Letters of Authority, which shall include the following: (a) The positions to be filled must be related to emergency situations for which the usual recruiting methods are inadequate. (b) The positions must be a part of a specific program immediately essential to the national interest. (c) The positions must be essential to the functioning of the program. (d) There must be substantial basis for the belief that reemployment rights will be a significant and reasonable aid in meeting the emergency situation. § 352.204 Basic eligibility for reemployment rights. (a) Employees eligible. (1) An employee serving in a competitive position under a career or career-conditional appointment; (2) An employee serving under a career appointment in the Senior Executive Service (SES); or (3) A nontemporary excepted employee. (b) Employees not eligible. (1) An employee who is serving a probationary or trial period under an appointment to a position in the excepted or competitive service or the SES. (2) An employee serving in an obligated position; (3) An employee serving with reemployment rights granted under this subpart; (4) An employee who has received a notice of involuntary separation because of reduction in force or otherwise; or (5) An employee who has already submitted a resignation. [33 FR 12433, Sept. 4, 1968, as amended at 51 FR 25187, July 11, 1986] § 352.205 Appeal of losing agency. An appointing officer who intends to employ with reemployment rights an employee of another executive agency shall give the losing agency written notice at least 15 calendar days before the effective date of the proposed action. If the losing agency believes the grant of reemployment rights would be detrimental to the public interest, it may appeal the proposed grant to OPM within 15 calendar days after receipt of the notice. The losing agency, at the same time, shall furnish a copy of the appeal to the prospective appointing officer, who shall withhold the proposed grant pending decision on the appeal. OPM shall determine whether the employee will be given reemployment rights and notify both agencies accordingly. If the losing agency does not appeal within 15 calendar days, the employee shall be granted reemployment rights. § 352.205a Authority to return employee to his or her former or successor agency. The transfer of an employee with a grant of reemployment rights under this subpart authorizes the return of the employee to his or her former or successor agency without regard to part 351, 752, or 771 of this chapter when the employee is reemployed in his or her former or successor agency— (a) Without a break in service of 1 workday or more in a position at the same or higher grade in the same occupational field and geographical area as the position he or she last held in the former or successor agency; and (b) At not less than the rate of pay he or she would have been receiving in the position last held in the former or successor agency if he or she had not been transferred. [51 FR 25187, July 11, 1986] § 352.205b Authority to return an SES employee to his or her former or successor agency. The transfer of a career SES appointee with a grant of reemployment rights under this subpart authorizes the return of the employee to his or her former or successor agency when the employee is reemployed in his or her former or successor agency— (a) Without a break in service of 1 workday or more in any position in the SES for which the employee is qualified; and (b) At not less than the SES rate of basic pay as determined under 5 CFR part 534, subpart D at which the employee was being paid immediately before his or her transfer. [51 FR 25187, July 11, 1986] § 352.206 Expiration of reemployment rights. Reemployment rights granted under a Letter of Authority expire at the end of 2 years following the date of the personnel action, unless exercised or otherwise terminated before that time, except that the reemployment rights of an employee serving outside the continental United States extend for an additional period of 3 months. § 352.207 Exercise or termination of reemployment rights. (a) Exercise. (1) Within 30 calendar days before the expiration of the term of reemployment rights; (2) Within 30 calendar days after receipt of notice of involuntary separation; (3) At least 30 calendar days in advance of the person's scheduled entry into active military duty. In this case he shall be reemployed and separated, furloughed, or granted leave of absence for military service by the reemploying agency; or (4) At any time before the expiration of the term of reemployment rights with the written consent of the current employing agency if application for reemployment is made within 30 days after date of separation, or after receipt of advance notice of proposed demotion by the current employing agency. (b) Termination. (1) He fails to apply within the time limits stated in paragraph (a) of this section; (2) He resigns without the written consent of the current employing agency; or (3) Within 10 calendar days, he fails to accept an offer of reemployment made under § 352.208 which is determined to be a proper offer of reemployment by the reemploying agency or by the Merit Systems Protection Board on appeal. § 352.208 Agency's obligation to reemploy. (a) Employee's right to reemployment. (b) Reemployment in a higher grade. (c) Reemployment in SES. (d) Seniority in postal service. (e) Basis for agency refusal to reemploy. [33 FR 12433, Sept. 4, 1968, as amended at 51 FR 25187, July 11, 1986] § 352.209 Employee appeals to the Merit Systems Protection Board. When an agency denies reemployment to a person claiming reemployment rights under this subpart, the agency shall inform him or her of that denial by a written notice. In the same notice, the agency shall inform him/her of his/her right to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency shall comply with the provisions of § 1201.21 of this title. [44 FR 48952, Aug. 21, 1979] Subpart C—Detail and Transfer of Federal Employees to International Organizations Authority: 5 U.S.C. 3584, E.O. 11552, 3 CFR 1966-1970 Comp., p. 954; Section 352.313 also issued under 5 U.S.C. 7701, et seq. Source: 35 FR 16525, Oct. 23, 1970, unless otherwise noted. § 352.301 Purpose. The purpose of this subpart is to encourage details and transfers of employees for service with international organizations as authorized by sections 3343 and 3581-3584 of title 5, United States Code, and to provide procedures for participation in the program. § 352.302 Definitions. In this subpart: (a) Agency, employee, international organization, transfer (b) Detail (c) Term of employment § 352.303 [Reserved] § 352.304 International organizations covered. (a) An agency may detail or transfer an employee under this subpart, without prior approval, to an organization which the Department of State has designated as an international organization. (b) An agency may detail or transfer an employee under this subpart to any other public international organization or international organization preparatory commission only when the Department of State agrees that the organization concerned could be designated as an international organization covered by sections 3343 and 3581 of title 5, United States Code. [73 FR 64860, Oct. 31, 2008] § 352.305 Eligibility for detail. An employee is eligible for detail to an international organization with the rights provided for in, and in accordance with, section 3343 of title 5, United States Code, and this subpart, except the following: (a) A Presidential appointee (other than a postmaster, Foreign Service officer or a Foreign Service information officer), regardless of whether the appointment was made by and with the advice and consent of the Senate. (b) A person serving in the executive branch in a confidential or policy-determining position excepted from the competitive service under Schedule C of part 213 of this chapter. (c) A person serving under a non-career, limited emergency, or limited term appointment in the Senior Executive Service (SES). (d) A person serving under a temporary appointment. [73 FR 64860, Oct. 31, 2008] § 352.306 Length of details. The total length of a detail or several details combined must not exceed 5 consecutive years, except that when the Secretary of State, on the recommendation of the head of the agency, determines it to be in the national interest, the 5 years allowed for details may be extended for up to an additional 3 years. A detail or combination of details and transfers must not exceed 8 years in the aggregate throughout an employee's Federal career. [73 FR 64860, Oct. 31, 2008] § 352.307 Eligibility for transfer. An employee is eligible for transfer to an international organization with the rights provided for in, and in accordance with, sections 3581-3584 of title 5, United States Code, and this subpart, except the following: (a) A Presidential appointee (other than a postmaster, a Foreign Service officer or a Foreign Service information officer), regardless of whether his appointment was made by and with the advice and consent of the Senate. (b) A person serving in the executive branch in a confidential or policy-determining position excepted from the competitive service under Schedule C of part 213 of this chapter. (c) A person serving under a noncareer, limited emergency, or limited term appointment in the SES. (d) A person serving under a temporary appointment pending establishment of a register. (e) A person serving under an appointment specifically limited to 1 year or less. (f) A person serving on a seasonal, intermittent, or part-time basis. [35 FR 16525, Oct. 23, 1970, as amended at 51 FR 25188, July 11, 1986; 57 FR 10124, Mar. 24, 1992] § 352.308 Effecting employment by transfer. (a) Authority to approve transfers. (b) Letter of consent. (c) Effective date. (d) Recording requirement. (1) Identification of the international organization to which the employee is transferring, (2) A clear statement of the period during which the employee has reemployment rights in the agency under section 3582 of title 5, United States Code, and this subpart, and (3) The legal and regulatory conditions for reemployment. [35 FR 16525, Oct. 23, 1970, as amended at 73 FR 64860, Oct. 31, 2008] § 352.309 Retirement, health benefits, and group life insurance. (a) Agency action. (b) Employee action. (c) Agency responsibility. (d) Coverage. [73 FR 64860, Oct. 31, 2008] § 352.310 [Reserved] § 352.311 Reemployment. (a) An employee who transferred to an international organization with the consent of the employing agency is entitled to be reemployed in his or her former position, or one of like seniority, status, and pay, within 30 days of applying for reemployment if the employee: (1) Is separated, either voluntarily or involuntarily, without cause, within the term of employment with an international organization; and (2) Applies for reemployment with the employing agency or its successor no later than 90 days after separation from the international organization. (b) Pay upon reemployment will be set at that to which the employee would have been entitled had the employee remained with the employing agency. (c) When an employee's reemployment right is to a position in the SES, reemployment may be to any position in the SES for which the employee is qualified. The employee must be returned at not less than the SES rate of basic pay as determined under 5 CFR part 534, subpart D, at which the employee was being paid immediately before transfer to the international organization, or if pay has been adjusted under § 352.314(c), at not less than the adjusted pay level. (d) The period of separation caused by the employment of the employee with the international organization and the period necessary to effect reemployment are creditable service for all appropriate civil service employment purposes (e.g., tenure, service computation date, retirement, time in grade). Employees, upon return, are also entitled to restoration of any sick leave. (e) An employee who elected to retain Federal retirement coverage while employed by the international organization and has made all deposits required for such coverage may make contributions to the TSP which he or she missed as a result of the service with the international organization, and receive make-up agency contributions and lost earnings on the agency contributions, consistent with applicable TSP requirements. [73 FR 64861, Oct. 31, 2008] § 352.312 When to apply. An employee may apply for reemployment, in writing, either before or after separation from the international organization. If the employee applies before separation, the 30-day period prescribed in § 352.311 begins either with the date of the application or 30 days before the employee's date of separation from the international organization, whichever is later. If the employee applies for reemployment after separation, the application must be received by the employing agency no later than 90 days after separation from the international organization. [73 FR 64861, Oct. 31, 2008] § 352.313 Failure to reemploy and right of appeal. (a) When an agency fails to reemploy an employee within 30 days of receiving the employee's application, it must notify the employee, in writing, of the reasons and of the employee's right to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency must comply with the provisions of § 1201.21 of this title. (b) If the agency fails to reach and issue a decision to the employee within 30 days from the date of the application for reemployment, the employee is entitled to appeal the agency's failure to issue a decision to the Merit Systems Protection Board under the provisions of the Board's regulations. (c) An employee may submit an appeal, alleging that the agency has failed to comply with any of the other provisions of sections 3343 and 3581-3584 of title 5, United States Code, or of this part, to the Merit Systems Protection Board under the provisions of the Board's regulations. [73 FR 64861, Oct. 31, 2008] § 352.314 Consideration for promotion and pay increases. (a) The employing agency must consider an employee who is detailed or transferred to an international organization for all promotions for which the employee would be considered if not absent. A promotion based on this consideration is effective on the date it would have been effective if the employee were not absent. (b) When the position of an employee who is absent on detail or transfer to an international organization is upgraded during the employee's absence, the employing agency must place the employee in the upgraded position upon return. (c) The employing agency must consider an employee who is detailed or transferred to an international organization from an ungraded pay system for all pay increases for which the employee would have been considered if not absent. An increase is effective on the date it would have been effective if the employee were not absent. [73 FR 64861, Oct. 31, 2008] Subpart D—Employment of Presidential Appointees and Elected Officers by the International Atomic Energy Agency Authority: Sec. 6(c), 71 Stat. 455; 22 U.S.C. 2025(c); E.O. 10774, 3 CFR, 1954-1958 Comp., p. 418, as amended by E.O. 10804, 3 CFR, 1959-1963 Comp., p. 328. § 352.401 Purpose. The purpose of this subpart is to implement section 6(b) of the International Atomic Energy Agency Participation Act of 1957 and Executive Order 10774 as amended by Executive Order 10804 to protect the civil service rights and privileges, wherever appropriate, of Presidential appointees and elected officers who leave their positions and within 90 days enter employment with the International Atomic Energy Agency. § 352.402 Coverage. This subpart applies to all officers, as defined in § 352.403(b), of any branch of the Federal Government. § 352.403 Definitions. In this subpart: (a) Agency (b) Officer (c) Term of employment § 352.404 Retirement and insurance. (a) Coverage. (2) To retain coverage under chapter 87 of title 5, United States Code, during his term of employment with the agency, an officer covered by that chapter shall currently pay employee deductions and agency contributions necessary for coverage under that chapter for his term of employment with the agency. Collections may be made under procedures which may be determined in accordance with written agreements reached between accounting representatives of OPM and the agency. (3) All retirement and insurance benefits and obligations shall be computed in the same manner as if the rate of basic pay the officer was receiving on the last day he was in his Federal position before employment with the agency had continued without change. (4) An officer not covered by either subchapter III of chapter 83, or chapter 87, of title 5, United States Code, in the Federal position which he last held or from which he separates to enter employment with the agency does not acquire coverage or benefits under these statutes based on employment with the agency. (b) Death coverage. § 352.405 Resumption of Federal service. (a) Pay increase. (b) Sick leave account. (c) Service credit for agency employment. [33 FR 12433, Sept. 4, 1968, as amended at 51 FR 25188, July 11, 1986] Subpart E—Reinstatement Rights After Service Under Section 233(d) and 625(b) of the Foreign Assistance Act of 1961 Authority: Sec. 625, 75 Stat. 449; 22 U.S.C. 2385; E.O. 10973; 3 CFR 1959-1963 Comp., p. 493; Section 352.508 also issued under 5 U.S.C. 7701 et seq. § 352.501 Purpose. This subpart governs reinstatement authorized by sections 233(d) and 625(b) of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2193(d) and 22 U.S.C. 235(b)). [36 FR 13897, July 28, 1971] § 352.502 Coverage. This subpart applies to any of the following serving in a position in the Federal Government: (a) A person serving in the competitive service under a career or career-conditional appointment. (b) A person serving under a career appointment in the Senior Executive Service (SES). (c) A person serving in the excepted service under an appointment without a specific time limitation. (d) A person appointed or assigned under authority of the Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq. [33 FR 12433, Sept. 4, 1968, as amended at 51 FR 25188, July 11, 1986] § 352.503 Definitions. In this subpart: (a) Act et seq. (b) Former position [36 FR 13897, July 28, 1971] § 352.504 Basic entitlement. Subject to the conditions specified in this subpart, an employee who is appointed to a position under authority of section 233(d) or section 625(b) of the Act is entitled, on termination of that appointment for any reason other than his or her own misconduct or delinquency, to be reinstated in his or her former position or in one of like seniority, status, and pay in the same agency. When the employee's right is to a position in the SES, reinstatement may be to any position in the SES for which the employee is qualified. The employee shall be returned at not less than the SES rate of basic pay as determined under 5 CFR part 534, subpart D at which the employee was being paid immediately before his or her transfer. If the functions with which the employee's former position was identified have been transferred to another agency, the employee's right to reinstatement is in the gaining agency. [51 FR 25188, July 11, 1986] § 352.505 Proposed termination. At least 45 days before termination of the appointment of an employee entitled to reinstatement, the agency terminating the employee shall notify the employee and his former agency in writing of the proposed termination. However, notification under this section is not required when: (a) The termination is at the employee's own request; or (b) The employee is reinstated without a break in service under an arrangement made between the agencies concerned. § 352.506 Application for reinstatement. An employee who desires reinstatement shall apply for reinstatement, in writing, no later than 30 days after his appointment under authority of section 233(d) or section 625(b) of the Act is terminated, unless arrangement has been made for his reinstatement without a break in service under § 352.505(b). [36 FR 13897, July 28, 1971] § 352.507 Reinstatement. An employee eligible for reinstatement is entitled to be reinstated as soon as possible after his application for reinstatement, filed in accordance with § 352.506, is received. In any event, he is entitled to be reinstated (a) within 30 days after his application for reinstatement is received, or (b) on termination of the appointment made under authority of section 233(d) or section 625(b) of the act, whichever is later. [36 FR 13897, July 28, 1971] § 352.508 Appeals to the Merit Systems Protection Board. (a) If an agency determines that an employee who has applied for reinstatement is not eligible for reinstatement, it shall notify the employee as promptly as possible of its decision, of the basis therefor, and of the employee's appeal rights under this subpart. The employee is entitled to appeal the decision to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency shall comply with the provisions of § 1201.21 of this title. (b) If an agency fails to reinstate an employee within the time limits specified in § 352.507, the employee is entitled to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. (c) If an employee considers that his reinstatement is not in accordance with the act and this subpart, he or she is entitled to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. [44 FR 48952, Aug. 21, 1979] Subpart F [Reserved] Subpart G—Reemployment Rights of Former Bureau of Indian Affairs and Indian Health Service Employees After Service Under the Indian Self-Determination Act in Tribal Organizations Authority: Sec. 105(i), Pub. L. 93-638, 88 Stat. 2210 (25 U.S.C. 450); E.O. 11899; 41 FR 3459; Section 352.707 also issued under 5 U.S.C. 7701, et seq. Source: 41 FR 27713, July 6, 1976, unless otherwise noted. § 352.701 Purpose. This subpart governs reemployment rights authorized by section 105(i) of the Indian Self-Determination Act (88 Stat. 2210; Pub. L. 93-638, the Act) and E.O. 11899 after service in an Indian tribal organization under the Act. § 352.702 Definitions. In this subpart: (a) Agency (b) Competitive area (c) Tribal organization § 352.703 Basic entitlement to reemployment rights on leaving Federal employment. (a) Employees entitled. (1) An employee serving in a competitive position under a career or career-conditional appointment and who has satisfactorily completed at least 6 months of a probationary period; or (2) A non-temporary excepted service employee who has satisfactorily completed at least 6 months of a trial period if one is required by the agency. (3) An employee serving under a career appointment in the Senior Executive Service (SES) who is not serving a probationary period. (b) Employees not entitled. (1) An employee who has received a notice of involuntary separation because of reduction in force, or other cause, not directly related to contracting under the Act to a tribal organization; (2) An employee whose resignation has been accepted for reasons other than to accept tribal employment under this subpart; or (3) An employee serving under a Schedule C excepted appointment. (c) Not related to other benefits. [41 FR 27713, July 6, 1976, as amended at 51 FR 25188, July 11, 1986; 57 FR 10124, Mar. 24, 1992] § 352.704 Duration of reemployment rights. (a) Termination of authority. (b) Maximum period of entitlement. § 352.705 Return to Federal employment. (a) Conditions. (1) Receipt of notice of involuntary separation from tribal employment. For this purpose, involuntary separation means any separation against the will and without consent of the individual. (2) Reversion of the function to Federal operation, whether reversion is through tribal or Federal action; or (3) Separation with the joint consent of the tribal organization and the Federal agency for reasons of personal hardship or other special circumstances. (b) Termination. (1) Failure to apply for reemployment within the time limit stated in paragraph (a) of this section; (2) Resignation from tribal service without the joint consent, described in paragraph (a)(3) of this section, of the tribal organization and the Federal employer; or (3) Failure to accept, within 10 calendar days of receipt thereof, an offer of reemployment made under § 352.706 which is determined by the employing agency or by the Merit Systems Protection Board on appeal to be a proper offer of reemployment. § 352.706 Agency response to reemployment application. (a) Employee's right to reemployment. (1) Within the competitive area the employee is entitled to reemployment in: (i) The position held immediately before leaving the agency; (ii) One in the same competitive level; or (iii) Another position for which qualified and eligible at the same grade or level and in the same competitive area as the position the employee last held in the agency. The employing agency determines the position under paragraph (a)(1) (i), (ii), or (iii) of this section to which the employee is entitled. Reduction-in-force procedures shall be applied where necessary in determining the position to which the employee has a right. In applying the reduction-in-force regulations, the applicant shall be considered an employee of the agency. (2) Extending the area. (b) Employee option. (c) Agency option. (d) Reemployment to an SES position. (e) Basis for agency refusal to reemploy. (f) Basis for agency inability to reemploy. [41 FR 27713, July 6, 1976, as amended at 51 FR 25188, July 11, 1986] § 352.707 Employee appeals to the Merit Systems Protection Board. (a) If an agency denies reemployment to a person claiming reemployment rights under this subpart, the agency shall inform the individual of that denial and of the reasons therefor by a written notice. In the same notice, the agency shall inform the employee of the right to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency shall comply with the provisions of § 1201.21 of this title. (b) If an employee considers reemployment to be not in accordance with this subpart, the employee is entitled to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. (c) Refusal of a tribe to hire a Federal employee is not appealable to the Merit Systems Protection Board. [44 FR 48953, Aug. 21, 1979] Subpart H—Reemployment Rights Under the Taiwan Relations Act Authority: 22 U.S.C. 3310; E.O. 12143, 44 FR 37191; Section 352.807 also issued under 22 U.S.C. 3310; E.O. 12143, 45 FR 37452. Source: 46 FR 8433, Jan. 27, 1981, unless otherwise noted. § 352.801 Purpose. This subpart governs reemployment rights authorized by section 11(a) (1) and (2) of the Taiwan Relations Act (Pub. L. 96-8) after service in the American Institute in Taiwan (AIT) under the Act. § 352.802 Definitions. For the purposes of this subpart: Act Competitive area Institute Specified period of service § 352.803 Basic entitlement to reemployment rights on leaving Federal employment. (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. (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. (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. [46 FR 8433, Jan. 27, 1981, as amended at 57 FR 10124, Mar. 24, 1992] § 352.804 Maximum period of entitlement to reemployment. Entitlement to reemployment terminates at the end of 6 years and 30 days, following the date employment commences in the Institute unless exercised or otherwise terminated before that time as provided in this subpart. § 352.805 Position to which entitled on reemployment. (a) Basic position entitlement. (i) To the position last held in the former agency: (A) If that position has been identified for transfer to a different agency, reemployment rights must be exercised with the gaining agency. (B) If that position has been reclassified, the employee should be placed in the reclassified position; (ii) A position in the same competitive level; or (iii) Another position for which otherwise qualified at the same grade or level and in the same competitive area. (2) The employing agency determines under paragraph (a)(1) of this section the position to which the employee is entitled. (3) Extending the area. (b) Employee option. (c) Agency option. (d) Basic position entitlement in the Senior Executive Service. (2) The employee may be assigned to any position in the Senior Executive Service for which he/she meets the qualifications requirements. (3) The employee may elect to accept reemployment in a position outside the Senior Executive Service. Such placement would be subject to the provisions of paragraphs (b) and (c) of this section. § 352.806 Return to Federal employment. (a) Conditions: (1) No less that 30 calendar days before completion of the specified period of service with the Institute; or (2) No more than 30 calendar days after involuntary separation from the Institute; or (3) No more than 30 calendar days after separation based on personal hardship or other special circumstances with the consent of Institute and former employing agency. (b) An agency must act on the former employee's request for reemployment within 30 calendar days of receipt thereof, i.e., (c) Termination of reemployment rights. (1) Failure to apply, except for good cause shown, for reemployment within the time limits stated in paragraph (a) of this section; (2) Resignation from the Institute without the consent of the Institute or the former employing agency; or (3) Failure to accept, within 15 workdays of receipt thereof, an offer of reemployment under § 352.803 which is determined to be a proper offer of reemployment by the employing agency and by Merit Systems Protection Board (MSPB), if appealed. § 352.807 Appeals. An employee may appeal to MSPB, under the provisions of the Board's regulations, an agency's decision on his or her request for reemployment which he or she believes is in violation of this subpart. Subpart I—Reemployment Rights After Service With the Panama Canal Commission Authority: Pub. L. 96-70, 22 U.S.C. 3643. Source: 50 FR 13963, Apr. 9, 1985, unless otherwise noted. § 352.901 Purpose. This subpart implements section 1203 of the Panama Canal Act of 1979, which provides for the detail or transfer of Federal employees to the Panama Canal Commission with reemployment rights in the former agency. § 352.902 Definitions. In this subpart— Act et seq. Agency Commission Competitive area Competitive level Detail Term of employment Transfer § 352.903 Effecting a detail or transfer. (a) Authority to approve. (b) Employee notice. § 352.904 Eligibility. This subpart covers only eligible employees transferred or detailed to Commission positions with duty stations in the Republic of Panama. (a) Employees eligible. (1) Career or career-conditional appointment in the competitive service; (2) An appointment without a specific time limit in the excepted service; or (3) A career appointment in the Senior Executive Service. (b) Employee not eligible. (1) An employee who is serving a trial period or probationary period under an initial appointment; (2) An employee who has received a proposed notice of involuntary separation (e.g., separation based on reduction in force, adverse action, or performance); (3) An employee who is serving in a position excepted from the competitive service under Schedule C of part 213 of this chapter, or under Presedential appointment; or (4) An employee whose resignation has been accepted for reasons other than to accept employment with the Commission. [50 FR 13963, Apr. 9, 1985, as amended at 57 FR 10125, Mar. 24, 1992] § 352.905 Employees on detail. (a) An employee detailed to the Commission is subject to the same conditions of employment at his or her employing agency as if the employee has not been detailed. (b) The Commission and the employing agency will arrange for the termination of a detail and the agency will return the employee to his or her former position or an equivalent one as provided in § 352.908 (b) and (c). § 352.906 Termination of transfer. At the conclusion of a term of employment agreed upon as provided in § 352.903, employment with the Commission may be terminated without regard to parts 351, 359, 432, 752, or 771 of this chapter. § 352.907 Exercise or termination of reemployment rights. (a) Exercise. (1) No later than 30 calendar days after the expiration of the term of employment with the Commission; (2) No later than 30 calendar days after receipt of notice of involuntary separation during the term of employment with the Commission; or (3) No later than 30 calendar days after resignation with the consent of the Commission. (b) Termination. (1) Fails to apply within the time limits stated in paragraph (a) of this section; (2) Resigns without the written consent of the Commission; or (3) Within 10 calendar days, fails to accept an offer of reemployment made under § 352.908 that is determined to be a proper offer of reemployment by the reemploying agency or by the Merit Systems Protection Board on appeal. § 352.908 Agency obligation. (a) Time limits. (b) Conditions. (c) Position to which entitled. (2) An employee whose right is to a position in the Senior Executive Service may be reemployed in or returned to any Senior Executive Service position in the former agency for which qualified. (3) All other employees are entitled to be reemployed in or returned to a position at the same grade or level and in the same competitive area as the position last held in the former agency. If the reemployment would cause the separation or demotion of another employee, the applicant should be considered an employee for the purpose of applying the reduction-in-force regulations to determine to what, if any, position the employee is entitled. If the employee is not placed at the former grade or level, the agency must extend consideration beyond the competitive area. Responsibility for reemployment is agencywide. (4) Reemployment may be at a higher grade than that to which the employee is entitled if all appropriate standards and requirements are satisfied and if this will not cause the displacement of another employee. (5) The reemployment obligation may be satisfied by placement in any position within the agency that is acceptable to the employee. (d) Agency refusal to reemploy. § 352.909 Appeals. (a) If an agency denies reemployment to an applicant who claims reemployment rights under this subpart, the agency must notify the applicant in writing of that denial and its reasons. In the same notice, the agency will inform the applicant of the right to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency must comply with the provisions of § 1201.21 of this title. (b)(1) When an agency has reemployed or returned an employee, it will advise the employee of the right of appeal if he or she considers the reemployment or return not to be in accordance with the Act and this subpart. (2) An employee in a bargaining unit covered by a negotiated grievance procedure that does not exclude this matter must use the negotiated grievance procedure. (3) An employee to whom paragraph (b)(2) of this section does not apply is entitled to appeal to the Merit Systems Protection Board under the provisions of the Board's regulations. The agency must comply with the provisions of § 1201.21 of this title.