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- Title 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
- Part III. Employees
- Subpart F. Labor-management and Employee Relations
- Chapter 75. Adverse Actions
- Subchapter II. Removal, Suspension For More Than 14 Days, Reduction In Grade Or Pay, Or Furlough For 30 Days Or Less
5 U.S.C. § 7511 - Definitions; application
Cite as | 5 U.S.C. § 7511 |
(a) For the purpose of this subchapter-
(1) "employee" means-
(A) an individual in the competitive service-
(i) who is not serving a probationary or trial period under an initial appointment; or
(ii) except as provided in section 1599e of title 10, who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;
(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions-
(i) in an Executive agency; or
(ii) in the United States Postal Service or Postal Regulatory Commission; and
(C) an individual in the excepted service (other than a preference eligible)-
(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or
(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;
(2) "suspension" has the same meaning as set forth in section 7501(2) of this title;
(3) "grade" means a level of classification under a position classification system;
(4) "pay" means the rate of basic pay fixed by law or administrative action for the position held by an employee; and
(5) "furlough" means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
(b) This subchapter does not apply to an employee-
(1) whose appointment is made by and with the advice and consent of the Senate;
(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by-
(A) the President for a position that the President has excepted from the competitive service;
(B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or
(C) the President or the head of an agency for a position excepted from the competitive service by statute;
(3) whose appointment is made by the President;
(4) who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee;
[(5) Repealed. Pub. L. 114-328, div. A, title V, §512(c), Dec. 23, 2016, 130 Stat. 2112.]
(6) who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980;
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