5 C.F.R. Subpart H—Furloughs in the Senior Executive Service
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS
Subpart H—Furloughs in the Senior Executive Service
Authority: 5 U.S.C. 3133 and 3136.
Source: 48 FR 11925, Mar. 2, 1983, unless otherwise noted.
§ 359.801 Agency authority.
This subpart sets the conditions under which an agency may furlough career appointees in the Senior Executive Service. The furlough of a noncareer, limited term, or limited emergency appointee is not subject to this subpart. The furlough of a reemployed annuitant holding a career appointment also is not subject to the subpart.
§ 359.802 Definitions.
For the purpose of this subpart, furlough means the placing of an appointee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
§ 359.803 Competition.
Any furlough for more than 30 calendar days, or for more than 22 workdays if the furlough does not cover consecutive calendar days, shall be made under competitive procedures established by the agency. The procedures shall be made known to the SES members in the agency.
[48 FR 11925, Mar. 2, 1983, as amended at 60 FR 6389, Feb. 2, 1995]
§ 359.804 Length of furlough.
A furlough may not extend more than one year. It may be made only when the agency intends to recall the appointee within one year.
§ 359.805 Appeals.
A career appointee who has been furloughed and who believes this subpart or the agency's procedures have not been correctly applied may appeal to the Merit Systems Protection Board under provisions of the Board's regulations.
§ 359.806 Notice.
(a) An appointee is entitled to a 30 days' advance written notice of a furlough. The full notice period may be shortened, or waived, only in the event of unforseeable circumstances, such as sudden emergencies requiring immediate curtailment of activities.
(b) The written notice shall advise the appointee of:
(1) The reason for the agency decision to take the furlough action.
(2) The expected duration of the furlough and the effective dates;
(3) The basis for selecting the appointee for furlough when some but not all Senior Executive Service appointees in a given organizational unit are being furloughed;
(4) The reason if the notice period is less than 30 days;
(5) The place where the appointee may inspect the regulations and records pertinent to the action; and
(6) The appointee's appeal rights, including the time limit for the appeal and the location of the Merit Systems Protection Board office to which the appeal should be sent.
§ 359.807 Records.
The agency shall preserve all records relating to an action under this subpart for at least one year from the effective date of the action.
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