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medically disqualify a nonpreference Subpart A—Principal Statutory Re- eligible. A nonpreference eligible so quirements—Part-Time Em- disqualified has a right to a higher ployment level review of the determination with- in the agency. § 340.101 Principal statutory require- (b) OPM must approve the sufficiency ments. of the agency’s reasons to: This subpart incorporates for the (1) Medically disqualify or pass over benefit of the user of the principal stat- a preference eligible on a certificate in utory requirements governing part- place of a nonpreference eligible, time career , as contained (2) Medically disqualify or pass over in 5 U.S.C. 3401–3408, and related provi- a 30 percent or more compensably dis- sions of Public Law 95–437. abled veteran for a position in the U.S. SHORT TITLE Postal Service in favor of a non- SEC. 1. This Act may be cited as the ‘‘Fed- preference eligible, eral Employees Part-Time Career Employ- (3) Medically disqualify a 30 percent ment Act of 1978’’. or more compensably disabled veteran CONGRESSIONAL FINDINGS AND PURPOSE for assignment to another position in a reduction in force, or SEC. 2. (a) The Congress finds that— (4) Medically disqualify a 30 percent (1) many individuals in our society possess great productive potential which goes un- or more disabled veteran for non- used because they cannot meet the require- competitive appointment. ments of a standard workweek; and (2) part-time — (A) provides older individuals with a grad- PART 340—OTHER THAN FULL-TIME ual transition into ; CAREER EMPLOYMENT (PART- (B) provides employment opportunities to TIME, SEASONAL, ON-CALL, AND handicapped individuals or others who re- quire a reduced workweek; INTERMITTENT) (C) provides parents opportunities to bal- ance family responsibilities with the need Subpart A—Principal Statutory for additional income; Requirements—Part-Time Employment (D) benefits students who must finance their own or vocational ; Sec. (E) benefits the Government, as an em- 340.101 Principal statutory requirements. ployer, by increasing productivity and satisfaction, while lowering rates Subpart B—Regulatory Requirements— and absenteeism, offering management more Part-Time Employment flexibility in meeting requirements, and filling shortages in various occupations; 340.201 Regulatory requirements. and 340.202 General. (F) benefits society by offering a needed al- 340.203 Technical assistance. ternative for those individuals who require or prefer shorter hours (despite the reduced 340.204 Agency reporting. income), thus increasing available to re- duce while retaining the Subpart C [Reserved] skills of individuals who have training and experience. Subpart D—Seasonal and Intermittent (b) The purpose of this Act is to provide in- Employment creased part-time career employment oppor- tunities throughout the Federal Govern- 340.401 Definitions. ment. 340.402 Seasonal employment. 340.403 Intermittent employment. ‘‘§ 3401. Definitions ‘‘For the purpose of this subchapter— AUTHORITY: 5 U.S.C. 3401 et seq., unless oth- ‘‘(1) ‘agency’ means— erwise noted. ‘‘(A) an Executive agency; ‘‘(B) a military department; SOURCE: 44 FR 57380, Oct. 5, 1979, unless ‘‘(C) an agency in the judicial branch; otherwise noted. ‘‘(D) the Library of Congress; ‘‘(E) the Botanic Garden; and ‘‘(F) the Office of the Architect of the Cap- itol; but does not include— ‘‘(i) a Government controlled corporation;

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‘‘(ii) the Tennessee Valley Authority; part-time career employment program under ‘‘(iii) the Alaska Railroad; this subchapter. ‘‘(iv) the Virgin Island Corporation; ‘‘(2) The Commission shall conduct a re- ‘‘(v) the Panama Canal Company; search and demonstration program with re- ‘‘(vi) the Federal Bureau of Investigation, spect to part-time career employment within Department of Justice; the Federal Government. In particular, such ‘‘(vii) the Central Intelligence Agency; and program shall be directed to— ‘‘(viii) the National Security Agency, De- ‘‘(A) determining the extent to which part- partment of Defense; and time career employment may be used in fill- ‘‘(2) ‘part-time career employment’ means ing positions which have not traditionally part-time employment of 16 to 32 hours a been open for such employment on any ex- week under a consisting of an equal tensive basis, such as supervisory, manage- or varied number of hours per day, whether rial, and professional positions; ‘‘(B) determining the extent to which job- in a position which would be part-time with- sharing arrangements may be established for out regard to this section or one established various occupations and positions; and to allow job-sharing or comparable arrange- ‘‘(C) evaluating attitudes, benefits, costs, ments, but does not include employment on efficiency, and productivity associated with a temporary or intermittent basis. part-time career employment, as well as its ‘‘§ 3402. Establishment of part-time career various sociological effects as a mode of em- employment programs ployment. ‘‘(a) (1) In order to promote part-time ca- ‘‘§ 3403. Limitations reer employment opportunities in all grade ‘‘(a) An agency shall not abolish any posi- levels, the head of each agency, by regula- tion occupied by an employee in order to tion, shall establish and maintain a program make the duties of such position available to for part-time career employment within be performed on a part-time career employ- such agency. Such regulations shall provide ment basis. for— ‘‘(b) Any person who is employed on a full- ‘‘(A) the review of positions which, after time basis in an agency shall not be required such positions become vacant, may be filled to accept part-time employment as a condi- on a part-time career employment basis (in- tion of continued employment. cluding the establishment of criteria to be used in identifying such positions); ‘‘§ 3404. Personnel ceilings ‘‘(B) procedures and criteria to be used in ‘‘In administering any personnel ceiling connection with establishing or converting applicable to an agency (or unit therein), an positions for part-time career employment, employee employed by such agency on a subject to the limitations of section 3393 of part-time career employment basis shall be this title; counted as a fraction which is determined by ‘‘(C) annual goals for establishing or con- dividing 40 hours into the average number of verting positions for part-time career em- hours of such employee’s regularly scheduled ployment, and a timetable setting forth in- workweek. This section shall become effec- terim and final deadlines for achieving such tive on October 1, 1980. goals; ‘‘§ 340.101 Nonapplicability ‘‘(D) a continuing review and of ‘‘(a) If, on the date of enactment of this the part-time career employment program subchapter, there is in effect with respect to established under such regulations; and positions within an agency a collective-bar- ‘‘(E) procedures for notifying the public of gaining agreement which establishes the vacant part-time positions in such agency, number of hours of employment a week, then utilizing facilities and funds otherwise avail- this subchapter shall not apply to those posi- able to such agency for the dissemination of tions. information. ‘‘(b) This subchapter shall not require part- ‘‘(2) The head of each agency shall provide time career employment in positions the for communication between, and coordina- rate of basic pay for which is fixed at a rate tion of the activities of, the individuals with- equal to or greater than the minimum rate in such agency whose responsibilities relate fixed for GS–16 of the General Schedule. to the part-time career employment program established within that agency. ‘‘§ 340.101 Regulations ‘‘(3) Regulations established under para- ‘‘Before any regulation is prescribed under graph (1) of this subsection may provide for this subchapter, a copy of the proposed regu- such exceptions as may be necessary to carry lation shall be published in the FEDERAL out the mission of the agency. REGISTER and an opportunity provided to in- ‘‘(b) (1) The Civil Service Commission, by terested parties to present written comment regulation, shall establish and maintain a and, where practicable, oral comment. Ini- program under which it shall, on the request tial regulations shall be prescribed not later of an agency, advise and assist such agency than 180 days after the date of the enactment in the establishment and maintenance of its of this subchapter.

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‘‘§ 3407. Reports (4) by adding at the end thereof the fol- ‘‘(a) Each agency shall prepare and trans- lowing: mit on a biannual basis a report to the Office ‘‘(3) an employee who is occupying a posi- of Personnel Management on its activities tion on a part-time career employment basis under this subchapter, including— (as defined in section 3391(2) of this title).’’. ‘‘(1) details on such agency’s progress in (c) (1) Section 8913(b) of such title 5 is meeting part-time career employment goals amended— (A) by striking out ‘‘or’’ at the end of established under section 3392 of this title; clause (1); and (B) by striking out the period at the end of ‘‘(2) an explanation of any impediments ex- clause (2) and inserting in lieu thereof ‘‘; or’’; perienced by such agency in meeting such and goals or in otherwise carrying out the provi- (C) by adding at the end thereof the fol- sions of this subchapter, together with a lowing: statement of the measures taken to over- ‘‘(3) an employee who is occupying a posi- come such impediments. tion on a part-time career employment basis ‘‘(b) The Commission shall include in its (as defined in section 3391(2) of this title).’’. annual report under section 1308 of this title (2) (A) Section 8906(b) of such title 5 is a statement of its activities under this sub- amended— chapter, and a description and evaluation of (i) by striking out ‘‘paragraph (2)’’ in para- the activities of agencies in carrying out the graph (1) and inserting in lieu thereof ‘‘para- provisions of this subchapter. graphs (2) and (3)’’; and ‘‘§ 3408. Employee organization representa- (ii) by adding at the end thereof the fol- tion lowing new paragraph: ‘‘(3) In the case of an employee who is oc- ‘‘If an employee organization has been ac- cupying a position on a part-time career em- corded exclusive recognition with respect to ployment basis (as defined in section 3391 (2) a unit within an agency, then the employee of this title), the biweekly Government con- organization shall be entitled to represent tribution shall be equal to the percentage all employees within that unit employed on which bears the same ratio to the percentage a part-time career employment basis.’’. determined under this subsection (without (b) Subpart B of the table of chapters of regard to this paragraph) as the average part III of the analysis of chapter 33 of title number of hours of such employee’s regu- 5, United States Code, is amended by insert- larly scheduled workweek bears to the aver- ing after the item relating to section 3385 the age number of hours in the regularly sched- following: uled workweek of an employee serving in a comparable position on a full-time career ‘‘SUBCHAPTER VII—PART-TIME CAREER basis (as determined under regulations pre- EMPLOYMENT OPPORTUNITIES scribed by the Commission)’’. (B) The amendments made by subpara- ‘‘Sec. graph (A) shall not apply with respect to any ‘‘3401. Definitions. employee serving in a position on a part- ‘‘3402. Establishment of part-time career time career employment basis on the date of employment programs. the enactment of this Act for such period as ‘‘3403. Limitations. the employee continues to serve without a ‘‘3404. Personnel ceilings. in service in that or any other position ‘‘3405. Nonapplicability. on such part-time basis. ‘‘3406. Regulations. SEC. 5. Each report prepared by an agency ‘‘3407. Reports. under section 3397(a) of title 5, United States ‘‘3408. Employee organization representa- Code (as added by this Act), shall, to the ex- tion. tent to which part-time career employment SEC. 4. (a) Section 8347(g) of title 5, United opportunities have been extended by such States Code, is amended by adding at the end agency during the period covered by such re- thereof the following: ‘‘However, the Com- port to each group referred to in subpara- mission may not exclude any employee who graphs (A), (B), (C), and (D), of section 2(a)(2) occupies a position on a part-time career em- of this Act. ployment basis (as defined in section 3391(2) of this title).’’. [44 FR 57380, Oct. 5, 1979, as amended at 49 FR (b) Section 8716(b) of such title 5 is amend- 17722, Apr. 25, 1984] ed— (1) by striking out of the second sentence Subpart B—Regulatory Require- ‘‘or part-time’’; ments—Part-Time Employ- (2) by striking out ‘‘or’’ at the end of clause (1); ment (3) by striking out the period at the end of clause (2) and inserting in lieu thereof ‘‘; or’’; SOURCE: 44 FR 57380, Oct. 5, 1979; 49 FR and 17722, Apr. 25, 1984, unless otherwise noted.

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§ 340.201 Regulatory requirements. § 340.203 Technical assistance. This subpart contains the regulations (a) The Office of Personnel Manage- of the Office of Personnel Management ment shall provide, within available re- which implement the above sections of sources, consultation and technical ad- chapter 34 (as set out in § 340.101). vice and assistance to agencies to aid them in expanding career part-time § 340.202 General. employment opportunities. This assist- ance shall include but not be limited (a) Definitions. Part-time career em- to: ployment means regularly scheduled (1) Help in developing part-time ca- work of from 16 to 32 hours per week reer employment programs; performed by an employee of an agency (2) Information on public and private as defined in 5 U.S.C. 3401 (a) through sector part-time employment prac- (f), who has an appointment in tenure tices; group I or II and who becomes em- (3) Development of special recruit- ployed on such part-time basis on or ment and selection techniques for fill- after April 8, 1979. ing part-time positions; Tenure group I applies to employees (4) Interpretations of part-time em- in the competitive service under career ployment law, regulations and policy; appointments who are not serving pro- (5) Guidance on and posi- bation and permanent employees in the tion restructuring. excepted service whose appointments (b) Request for information and as- carry no restrictions or conditions. sistance should be directed to the Asso- Tenure group II applies to employees ciate Director for Staffing Services, Of- in the competitive service serving pro- fice of Personnel Management, 1900 E bation, career-conditional employees, Street, NW., Washington, DC 20415, or and career employees in obligated posi- the nearest OPM regional office. tions. It also includes employees in the § 340.204 Agency reporting. excepted service serving trial periods, whose tenure is indefinite solely be- (a) Agency reports required under 5 cause they occupy obligated positions; U.S.C. 3407 shall be based on data as of March 31 and September 30 each year or whose tenure is equivalent to ca- and shall be provided to the Office of reer-conditional in the competitive Personnel Management no later than service. May 15 and November 15 respectively. (b) Agency Exceptions. As an excep- (b) Each agency shall include with tion to the general definition of part- such reports a copy of any agencywide time employment in § 340.202(a) and part-time career employment program under the authority provided in 5 regulations and instructions issued U.S.C. 3402(a)(3), an agency may permit during the 6-month period preceding an employee who has an appointment the report date. in tenure group I or II to perform regu- (c) Reports should be sent to the As- larly scheduled work of from 1 to 15 sociate Director for Staffing Services, hours per week. Office of Personnel Management, 1900 E (c) Mixed Tours of Duty. The provi- Street, NW., Washington, DC 20415. sions of this subpart and the term ‘‘part-time career employment’’ do not Subpart C [Reserved] apply to employees with appointments in tenure groups I or II who work under Subpart D—Seasonal and mixed tours of duty. For this purpose, intermittent Employment a mixed tour of duty consists of annu- ally recurring periods of full-time, part-time, or intermittent service as SOURCE: 60 FR 3061, Jan. 13, 1995, unless otherwise noted. long as the employee does not work part-time more than 6 pay periods per § 340.401 Definitions. calendar year. (a) Seasonal employment means annu- [44 FR 57380, Oct. 5, 1979, as amended at 49 FR ally recurring periods of work of less 17722, Apr. 25, 1984; 60 FR 3061, Jan. 13, 1995] than 12 months each year. Seasonal

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employees are permanent employees (1) That he or she is subject to peri- who are placed in nonduty/nonpay sta- odic release and recall as a condition of tus and recalled to duty in accordance employment, with preestablished conditions of em- (2) The minimum and maximum pe- ployment. riod the employee can expect to work, (b) Intermittent employment means em- (3) The basis on which release and re- ployment without a regularly sched- call procedures will be effected, and uled tour of duty. (4) The benefits to which the em- ployee will be entitled while in a non- § 340.402 Seasonal employment. pay status. (a) Appropriate use. Seasonal employ- (d) Release and recall procedures. A ment allows an agency to develop an seasonal employee is released to non- experienced cadre of employees under pay status at the end of a season and career appointment to perform work recalled to duty the next season. Re- which recurs predictably year-to-year. lease and recall procedures must be es- Consistent with the career nature of tablished in advance and uniformly ap- the appointments, seasonal employees plied. They may be based on perform- receive the full benefits authorized to ance, seniority, veterans’ preference, attract and retain a stable workforce. other appropriate indices, or a com- As a result, seasonal employment is ap- bination of factors. A seasonal is propriate when the work is expected to not subject to the procedures for fur- last at least 6 months during a cal- lough prescribed in parts 351 and 752 of endar year. Recurring work that lasts less than 6 months each year is nor- this title. Reduction in force or adverse mally best performed by temporary action procedures, as applicable, are employees. Seasonal employment may required for a seasonal layoff that is not be used as a substitute for full-time not in accordance with the employ- employment or as a buffer for the full- ment agreement, for example, if an time workforce. agency intends to have an employee (b) Length of the season. Agencies de- work less than the minimum amount termine the length of the season, sub- of time specified in the employment ject to the condition that it be clearly agreement. However, an agency may tied to nature of the work. The season develop a new employment agreement must be defined as closely as prac- to reflect changing circumstances. ticable so that an employee will have a (e) Noncompetitive movement. Seasonal reasonably clear idea of how much employees serving under career ap- work he or she can expect during the pointment may move to other posi- year. To minimize the adverse impact tions in the same way as other regular of seasonal layoffs, an agency may as- career employees. sign seasonal employees to other work during the projected layoff period. § 340.403 Intermittent employment. While in nonpay status, a seasonal em- (a) Appropriate use. An intermittent ployee may accept other employment, work schedule is appropriate only when Federal or non-Federal, subject to the the nature of the work is sporadic and regulations on political activity (part unpredictable so that a tour of duty 733 of this title) and on employee re- cannot be regularly scheduled in ad- sponsibilities and conduct (part 735), as vance. When an agency is able to well as applicable agency policies. Sub- schedule work in advance on a regular ject to the limitation on pay from basis, it has an obligation to document more than one position (5 U.S.C. 5533), a seasonal employee may hold more the change in work schedule from than one appointment. intermittent to part-time or full-time (c) Employment agreement. An employ- to ensure proper service credit. ment agreement must be executed be- (b) Noncompetitive movement. Inter- tween the agency and the seasonal em- mittent employees serving under ca- ployee prior to the employee’s entering reer appointment may move to other on duty. At a minimum, the agreement positions in the same way as other reg- must inform the employee: ular career employees.

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PART 351—REDUCTION IN FORCE 351.805 New notice required. 351.806 Status during . 351.807 Certification of Expected Separa- Subpart A [Reserved] tion.

Subpart B—General Provisions Subpart I—Appeals and Corrective Action Sec. 351.901 Appeals. 351.201 Use of regulations. 351.902 Correction by agency. 351.202 Coverage. 351.203 Definitions. Subpart J [Reserved] 351.204 Responsibility of agency. 351.205 Authority of OPM. AUTHORITY: 5 U.S.C. 1302, 3502, 3503; sec. Subpart C—Transfer of Function 351.801 also issued under E.O. 12828, 58 FR 2965. 351.301 Applicability. SOURCE: 51 FR 319, Jan. 3, 1986, unless oth- 351.302 Transfer of employees. 351.303 Identification of positions with a erwise noted. transferring function. Subpart A [Reserved] Subpart D—Scope of Competition 351.401 Determining retention standing. Subpart B—General Provisions 351.402 Competitive area. 351.403 Competitive level. § 351.201 Use of regulations. 351.404 Retention register. (a)(1) Each agency is responsible for 351.405 Demoted employees. determining the categories within Subpart E—Retention Standing which positions are required, where they are to be located, and when they 351.501 Order of retention—competitive are to be filled, abolished, or vacated. service. This includes determining when there 351.502 Order of retention—excepted service. is a surplus of employees at a par- 351.503 Length of service. 351.504 Credit for performance. ticular location in a particular line of 351.505 Records. work. 351.506 Effective date of retention standing. (2) Each agency shall follow this part when it releases a competing employee Subpart F—Release From Competitive from his or her competitive level by Level for more than 30 days, separa- tion, demotion, or reassignment requir- 351.601 Order of release from competitive level. ing displacement, when the release is 351.602 Prohibitions. required because of lack of work; short- 351.603 Actions subsequent to release from age of funds; insufficient personnel competitive level. ceiling; reorganization; the exercise of 351.604 Use of furlough. reemployment rights or restoration 351.605 Liquidation provisions. rights; or reclassification of an em- 351.606 Mandatory exceptions. ployee’s position die to erosion of du- 351.607 Permissive continuing exceptions. 351.608 Permissive temporary exceptions. ties when such action will take effect after an agency has formally an- Subpart G—Assignment Rights (Bump and nounced a reduction in force in the em- Retreat) ployee’s competitive area and when the reduction in force will take effect with- 351.701 Assignment involving displacement. in 180 days. 351.702 Qualifications for assignment. (b) This part does not require an 351.703 Exception to qualifications. 351.704 Rights and prohibitions. agency to fill a vacant position. How- 351.705 Administrative assignment. ever, when an agency, at its discretion, chooses to fill a vacancy by an em- Subpart H—Notice to Employee ployee who has been reached for release from a competitive level for one of the 351.801 Notice period. 351.802 Content of notice. reasons in paragraph (a)(2) of this sec- 351.803 Notice of eligibility for reemploy- tion, this part shall be followed. ment and other placement assistance. (c) Each agency is responsible for as- 351.804 Expiration of notice. suring that the provisions in this part

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