Pt. 340 5 CFR Ch. I (1–1–10 Edition) 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 employment, 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 permanent employment— (A) provides older individuals with a grad- PART 340—OTHER THAN FULL-TIME ual transition into retirement; 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 education or vocational training; Sec. (E) benefits the Government, as an em- 340.101 Principal statutory requirements. ployer, by increasing productivity and job satisfaction, while lowering turnover rates Subpart B—Regulatory Requirements— and absenteeism, offering management more Part-Time Employment flexibility in meeting work 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 jobs available to re- duce unemployment 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; 248 VerDate Nov<24>2008 11:10 Feb 17, 2010 Jkt 220008 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:\SGML\220008.XXX 220008 cprice-sewell on DSKHWCL6B1PROD with CFR Office of Personnel Management § 340.101 ‘‘(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 schedule 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 evaluation 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. 249 VerDate Nov<24>2008 11:10 Feb 17, 2010 Jkt 220008 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:\SGML\220008.XXX 220008 cprice-sewell on DSKHWCL6B1PROD with CFR § 340.101 5 CFR Ch. I (1–1–10 Edition) ‘‘§ 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.