PART 752—ADVERSE ACTIONS Authority: 5 U.S.C. 6329b, 7504, 7514, 7515, and 7543; 38 U.S.C. 7403; Sec. 512, Pub. L. 114-328, 130 Stat. 2112; E.O. 10577, 19 FR 7521, 3 CFR, 1954-1958 Comp., p. 218; E.O. 14284, 90 FR 17729. Source: 74 FR 63532, Dec. 4, 2009, unless otherwise noted. Subpart A —Discipline of Supervisors Based on Retaliation Against Whistleblowers Source: 85 FR 65983, Oct. 16, 2020, unless otherwise noted. § 752.101 Coverage. (a) Adverse actions covered. ( ) Definitions. Agency— (1) Has the meaning given the term in 5 U.S.C. 2302(a)(2)(C), without regard to whether any other provision of this chapter is applicable to the entity; and (2) Does not include any entity that is an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). Day Grade Insufficient evidence Pay Prohibited personnel action Supervisor Suspension [85 FR 65983, Oct. 16, 2020, as amended 87 FR 67782, Nov. 10, 2022] § 752.102 Standard for action and penalty determination. (a) Except for actions taken against supervisors covered under subchapter V of title 5, an agency may take an action under this subpart for such cause as will promote the efficiency of the service as described in 5 U.S.C. 7503(a) and 7513(a). For actions taken under this subpart against supervisors covered under subchapter V of title 5, an agency may take an action based on the standard described in 5 U.S.C. 7543(a). (b) Subject to 5 U.S.C. 1214(f), if the head of the agency in which a supervisor is employed, an administrative law judge, the Merit Systems Protection Board, the Special Counsel, a judge of the United States, or the Inspector General of the agency in which a supervisor is employed has determined that the supervisor committed a prohibited personnel action, the head of the agency in which the supervisor is employed, consistent with the procedures required under this subpart— (1) For the first prohibited personnel action committed by the supervisor— (i) Shall propose suspending the supervisor for a period that is not less than 3 days; and (ii) May propose an additional action determined appropriate by the head of the agency, including a reduction in grade or pay; and (2) For the second prohibited personnel action committed by the supervisor, shall propose removing the supervisor. § 752.103 Procedures. (a) Non-delegation. (b) Scope. (1) Except as provided in paragraph (b)(2) of this section, shall be subject to the same requirements and procedures, including those with respect to an appeal, as an action under 5 U.S.C. 7503, 7513, or 7543; and (2) Shall not be subject to— (i) Paragraphs (1) and (2) of 5 U.S.C. 7503(b); (ii) Paragraphs (1) and (2) of subsection (b) and subsection (c) of 5 U.S.C. 7513; and (iii) Paragraphs (1) and (2) of subsection (b) and subsection (c) of 5 U.S.C. 7543. (c) Notice. (1) States the specific reasons for the proposed action; (2) Informs the supervisor about the right of the supervisor to review the material that is relied on to support the reasons given in the notice for the proposed action; and (d) Answer and evidence. (2) If, after the end of the 14-day period described in paragraph (d)(1) of this section, a supervisor does not furnish any evidence as described in that clause, or if the head of the agency in which the supervisor is employed determines that the evidence furnished by the supervisor is insufficient, the head of the agency shall carry out the action proposed under § 752.102 (b), as applicable. [85 FR 65983, Oct. 16, 2020, as amended at 87 FR 67782, Nov. 10, 2022] Subpart B—Regulatory Requirements for Suspension for 14 Days or Less § 752.201 Coverage. (a) Adverse actions covered. (b) Employees covered. (1) An employee in the competitive service who has completed a probationary period, or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; (2) An employee in the competitive service serving in an appointment which requires no probationary period, and who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; (3) An employee with competitive status who occupies a position under Schedule B of part 213 of this chapter; (4) An employee who was in the competitive service at the time his or her position was first listed under Schedule A or B of the excepted service and still occupies that position; (5) An employee of the Department of Veterans Affairs appointed under 38 U.S.C. 7401(3); and (6) An employee of the Government Publishing Office. (c) Exclusions. (1) Of an administrative law judge under 5 U.S.C. 7521; (2) Taken for national security reasons under 5 U.S.C. 7532; (3) Taken under any other provision of law which excepts the action from subchapter I, chapter 75, of title 5, U.S. Code; (4) Of a re-employed annuitant; (5) Of a National Guard Technician; or (6) Taken under 5 U.S.C. 7515. (d) Definitions. Current continuous employment Day Similar positions Suspension [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65985, Oct. 16, 2020; 89 FR 25047, Apr. 9, 2024; 91 FR 5656, Feb. 6, 2026; 91 FR 49115, Aug. 3, 2026] § 752.202 Standard for action. (a) An agency may take action under this subpart for such cause as will promote the efficiency of the service as set forth in 5 U.S.C. 7503(a). (b) An agency may not take a suspension against an employee on the basis of any reason prohibited by 5 U.S.C. 2302. [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65985, Oct. 16, 2020; 87 FR 67782, Nov. 10, 2022] § 752.203 Procedures. (a) Statutory entitlements. (b) Notice of proposed action. (c) Employee's answer. (d) Representation. (e) Agency decision. (2) The agency must specify in writing the reason(s) for the decision and advise the employee of any grievance rights under paragraph (f) of this section. The agency must deliver the notice of decision to the employee on or before the effective date of the action. (f) Grievances. (g) Agency records. (1) Notice of the proposed action; (2) Employee's written reply, if any; (3) Summary of the employee's oral reply, if any; (4) Notice of decision; and (5) Any order effecting the suspension, together with any supporting material. [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65985, Oct. 16, 2020; 87 FR 67782, Nov. 10, 2022] Subpart C [Reserved] Subpart D—Regulatory Requirements for Removal, Suspension for More Than 14 Days, Reduction in Grade or Pay, or Furlough for 30 Days or Less § 752.401 Coverage. (a) Adverse actions covered. (1) Removals; (2) Suspensions for more than 14 days, including indefinite suspensions; (3) Reductions in grade; (4) Reductions in pay; and (5) Furloughs of 30 days or less. (b) Actions excluded. (1) An action imposed by the Merit Systems Protection Board under the authority of 5 U.S.C. 1215; (2) The reduction in grade of a supervisor or manager who has not completed the probationary period under 5 U.S.C. 3321(a)(2) if such a reduction is to the grade held immediately before becoming a supervisor or manager; (3) A reduction-in-force action under 5 U.S.C. 3502; (4) A reduction in grade or removal under 5 U.S.C. 4303; (5) An action against an administrative law judge under 5 U.S.C. 7521; (6) A suspension or removal under 5 U.S.C. 7532; (7) Actions taken under any other provision of law which excepts the action from subchapter II of chapter 75 of title 5, United States Code; (8) Action that entitles an employee to grade retention under part 536 of this chapter, and an action to terminate this entitlement; (9) A voluntary action by the employee; (10) Action taken or directed by the Office of Personnel Management under part 731 of this chapter; (11) Termination of appointment on the expiration date specified as a basic condition of employment at the time the appointment was made; (12) Action that terminates a temporary or term promotion and returns the employee to the position from which temporarily promoted, or to a different position of equivalent grade and pay, if the agency informed the employee that it was to be of limited duration; (13) Cancellation of a promotion to a position not classified prior to the promotion; (14) Placement of an employee serving on an intermittent or seasonal basis in a temporary nonduty, nonpay status in accordance with conditions established at the time of appointment; (15) Reduction of an employee's rate of basic pay from a rate that is contrary to law or regulation, including a reduction necessary to comply with the amendments made by Public Law 108-411, regarding pay-setting under the General Schedule and Federal Wage System and regulations in this subchapter implementing those amendments; (16) An action taken under 5 U.S.C. 7515.; or (17) An action taken against a technician in the National Guard concerning any activity under 32 U.S.C. 709(f)(4), except as provided by 32 U.S.C. 709(f)(5). (18) Action by the agency or OPM that reduces or terminates a critical position pay rate under 5 U.S.C. 5377, if the agency informed the employee that the rate is approved on a time-limited basis, subject to annual review and reapproval, and may be reduced or terminated by the agency or OPM if determined to no longer be needed. (See also §§ 535.106 and 535.107 of this chapter.) (c) Employees covered. (1) A career or career conditional employee in the competitive service who is not serving a probationary period; (2) An employee in the competitive service— (i) Who is not serving a probationary period under an initial appointment; or (ii) Who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less; (3) An employee in the excepted service who is a preference eligible in an Executive agency as defined at section 105 of title 5, United States Code, the U.S. Postal Service, or the Postal Regulatory Commission and who has completed 1 year of current continuous service in the same or similar positions; (4) A Postal Service employee covered by Public Law 100-90 who has completed 1 year of current continuous service in the same or similar positions and who is either a supervisory or management employee or an employee engaged in personnel work in other than a purely nonconfidential clerical capacity; (5) An employee in the excepted service who is a nonpreference eligible in an Executive agency as defined at 5 U.S.C. 105, and who has completed 2 years of current continuous service in the same or similar positions under other than a temporary appointment limited to 2 years or less; (6) An employee with competitive status who occupies a position in Schedule B of part 213 of this chapter; (7) An employee who was in the competitive service at the time his or her position was first listed under Schedule A or B of the excepted service and who still occupies that position; (8) An employee of the Department of Veterans Affairs appointed under 38 U.S.C. 7401(3); and (9) An employee of the Government Publishing Office. (d) Employees excluded. (1) An employee whose appointment is made by and with the advice and consent of the Senate; (2) An employee whose position is in Schedule C or Schedule Policy/Career. (3) A Presidential appointee; (4) A reemployed annuitant; (5) A Foreign Service member as described in section 103 of the Foreign Service Act of 1980; (6) An employee of the Central Intelligence Agency or the Government Accountability Office; (7) An employee of the Veterans Health Administration (Department of Veterans Affairs) in a position which has been excluded from the competitive service by or under a provision of title 38, United States Code, unless the employee was appointed to the position under section 7401(3) of title 38, United States Code; (8) A nonpreference eligible employee with the U.S. Postal Service, the Postal Regulatory Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, the National Security Agency, the Defense Intelligence Agency, or any other intelligence component of the Department of Defense (as defined in section 1614 of title 10, United States Code), or an intelligence activity of a military department covered under subchapter I of chapter 83 of title 10, United States Code; (9) An employee described in section 5102(c)(11) of title 5, United States Code, who is an alien or noncitizen occupying a position outside the United States; (10) A nonpreference eligible employee serving a trial period under an initial appointment in the excepted service pending conversion to the competitive service, unless he or she meets the requirements of paragraph (c)(5) of this section; (11) An employee whose agency or position has been excluded from the appointing provisions of title 5, United States Code, by separate statutory authority in the absence of any provision to place the employee within the coverage of chapter 75 of title 5, United States Code; and (12) An employee in the competitive service serving a probationary period, unless he or she meets the requirements of paragraph (c)(2) of this section. [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65986, Oct. 16, 2020; 87 FR 67783, Nov. 10, 2022; 89 FR 25048, Apr. 9, 2024; 91 FR 5657, Feb. 6, 2026; 91 FR 54941, Aug. 26, 2026; 91 FR 49115, Aug. 3, 2026] § 752.402 Definitions. In this subpart— Current continuous employment Day Furlough Grade Indefinite suspension Pay Similar positions Suspension [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65986, Oct. 16, 2020; 87 FR 67783, Nov. 10, 2022] § 752.403 Standard for action. (a) An agency may take an adverse action, including a performance-based adverse action or an indefinite suspension, under this subpart only for such cause as will promote the efficiency of the service. (b) An agency may not take an adverse action against an employee on the basis of any reason prohibited by 5 U.S.C. 2302. [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65986, Oct. 16, 2020; 87 FR 67783, Nov. 10, 2022] § 752.404 Procedures. (a) Statutory entitlements. (b) Notice of proposed action. (2) When some but not all employees in a given competitive level are being furloughed, the notice of proposed action must state the basis for selecting a particular employee for furlough, as well as the reasons for the furlough. (3) Under ordinary circumstances, an employee whose removal or suspension, including indefinite suspension, has been proposed will remain in a duty status in his or her regular position during the advance notice period. In those rare circumstances where the agency determines that the employee's continued presence in the workplace during the notice period may pose a threat to the employee or others, result in loss of or damage to Government property, or otherwise jeopardize legitimate Government interests, the agency may elect one or a combination of the following alternatives: (i) Assigning the employee to duties where he or she is no longer a threat to safety, the agency mission, or to Government property; (ii) Allowing the employee to take leave, or carrying him or her in an appropriate leave status (annual, sick, leave without pay, or absence without leave) if the employee has absented himself or herself from the worksite without requesting leave; (iii) Curtailing the notice period when the agency can invoke the provisions of paragraph (d)(1) of this section; or (iv) Placing the employee in a notice leave status for a period not to exceed the duration of the notice period, provided that the criteria set forth in § 630.1503(b) of this title are met. (c) Employee's answer. (2) The agency will designate an official to hear the employee's oral answer who has authority either to make or recommend a final decision on the proposed adverse action. The right to answer orally in person does not include the right to a formal hearing with examination of witnesses unless the agency provides for such hearing in its regulations. Under 5 U.S.C. 7513(c), the agency may, in its regulations, provide a hearing in place of or in addition to the opportunity for written and oral answer. (3) If the employee wishes the agency to consider any medical condition which may contribute to a conduct, performance, or leave problem, the employee must be given a reasonable time to furnish medical documentation (as defined in § 339.104 of this chapter) of the condition. Whenever possible, the employee will supply such documentation within the time limits allowed for an answer. (d) Exceptions. (2) The advance written notice and opportunity to answer are not required for furlough without pay due to unforeseeable circumstances, such as sudden breakdowns in equipment, acts of God, or sudden emergencies requiring immediate curtailment of activities. (e) Representation. (f) Agency review of medical information. (g) Agency decision. (2) The notice must specify in writing the reasons for the decision and advise the employee of any appeal or grievance rights under § 752.405 of this part. The agency must deliver the notice of decision to the employee on or before the effective date of the action. (h) Applications for disability retirement. [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65986, Oct. 16, 2020; 87 FR 67783, Nov. 10, 2022; 89 FR 102295, Dec. 17, 2024] § 752.405 Appeal and grievance rights. (a) Appeal rights. (b) Grievance rights. [74 FR 63532, Dec. 4, 2009, as amended at 91 FR 5657, Feb. 6, 2026] § 752.406 Agency records. The agency must maintain copies of, and will furnish to the Merit Systems Protection Board and to the employee upon his or her request, the following documents: (a) Notice of the proposed action; (b) Employee's written reply, if any; (c) Summary of the employee's oral reply, if any; (d) Notice of decision; and (e) Any order effecting the action, together with any supporting material. Subpart E [Reserved] Subpart F—Regulatory Requirements for Taking Adverse Action Under the Senior Executive Service § 752.601 Coverage. (a) Adverse actions covered. (b) Actions excluded. (2) This subpart does not apply to actions taken under 5 U.S.C. 1215, 3592, 3595, 7532, or 7515. (c) Employees covered. (1) A career appointee— (i) Who has completed the probationary period in the Senior Executive Service; (ii) Who is not required to serve a probationary period in the Senior Executive Service; or (iii) Who was covered under 5 U.S.C. 7511 immediately before appointment to the Senior Executive Service. (2) A limited term or limited emergency appointee— (i) Who received the limited appointment without a break in service in the same agency as the one in which the employee held a career or career-conditional appointment (or an appointment of equivalent tenure as determined by the Office of Personnel Management) in a permanent civil service position outside the Senior Executive Service; and (ii) Who was covered under 5 U.S.C. 7511 immediately before appointment to the Senior Executive Service. (d) Employees excluded. [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65987, Oct. 16, 2020] § 752.602 Definitions. In this subpart— Career appointee, limited term appointee, limited emergency appointee Day Suspension [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65987, Oct. 16, 2020; 87 FR 67783, Nov. 10, 2022] § 752.603 Standard for action. (a) An agency may take an adverse action under this subpart only for reasons of misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function. (b) An agency may not take an adverse action under this subpart on the basis of any reason prohibited by 5 U.S.C. 2302. [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65987, Oct. 16, 2020; 87 FR 67783, Nov. 10, 2022] § 752.604 Procedures. (a) Statutory entitlements. (b) Notice of proposed action. (2) Under ordinary circumstances, an appointee whose removal has been proposed will remain in a duty status in his or her regular position during the advance notice period. In those rare circumstances where the agency determines that the appointee's continued presence in the work place during the notice period may pose a threat to the appointee or others, result in loss of or damage to Government property, or otherwise jeopardize legitimate Government interests, the agency may elect one or a combination of the following alternatives: (i) Assigning the appointee to duties where he or she is no longer a threat to safety, the agency mission, or Government property; (ii) Allowing the appointee to take leave, or carrying him or her in an appropriate leave status (annual, sick, leave without pay, or absence without leave) if the appointee has absented himself or herself from the worksite without requesting leave; (iii) Curtailing the notice period when the agency can invoke the provisions of paragraph (d) of this section; or (iv) Placing the employee in a notice leave status for a period not to exceed the duration of the notice period, provided that the criteria set forth in § 630.1503(b) of this title are met. (c) Appointee's answer. (2) The agency will designate an official to hear the appointee's oral answer who has authority either to make or to recommend a final decision on the proposed adverse action. The right to answer orally in person does not include the right to a formal hearing with examination of witnesses unless the agency provides for such hearing in its regulations. Under 5 U.S.C. 7543(c), the agency may in its regulations provide a hearing in place of or in addition to the opportunity for written and oral answer. (3) If the appointee wishes the agency to consider any medical condition that may have affected the basis for the adverse action, the appointee must be given reasonable time to furnish medical documentation (as defined in § 339.104 of this chapter) of the condition. Whenever possible, the appointee will supply such documentation within the time limits allowed for an answer. (d) Exception. (e) Representation. (f) Agency review of medical information. (g) Agency decision. (2) The notice must specify in writing the reasons for the decision and advise the appointee of any appeal rights under § 752.605 of this part. The agency must deliver the notice of decision to the appointee on or before the effective date of the action. (h) Applications for disability retirement. [74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65987, Oct. 16, 2020; 87 FR 67783, Nov. 10, 2022; 89 FR 102295, Dec. 17, 2024] § 752.605 Appeal rights. (a) Under 5 U.S.C. 7543(d), a career appointee against whom an action is taken under this subpart is entitled to appeal to the Merit Systems Protection Board. (b) A limited term or limited emergency appointee who is covered under § 752.601(c)(2) also may appeal an action taken under this subpart to the Merit Systems Protection Board. § 752.606 Agency records. The agency must maintain copies of, and will furnish to the Merit Systems Protection Board and to the appointee upon his or her request, the following documents: (a) Notice of the proposed action; (b) Appointee's written reply, if any; (c) Summary of the appointee's oral reply, if any; (d) Notice of decision; and (e) Any order effecting the action, together with any supporting material.