5 C.F.R. Subpart B—Regulatory Requirements for Suspension for 14 Days or Less
Title 5 - Administrative Personnel
(a) Actions covered. This subpart covers suspension for 14 days or less. (b) Employees covered. This subpart covers: (1) An employee in the competitive service who has completed a probationary or trial period; (2) An employee in the competitive service serving in an appointment which requires no probationary or trial 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, B, or C of the excepted service and still occupies that position; (5) An employee of the Department of Veterans Affairs appointed under section 7401(3) of title 38, United States Code; and (6) An employee of the Government Printing Office. (c) Exclusions. This subpart does not apply to a suspension for 14 days or less: (1) Of an administrative law judge under 5 U.S.C. 7521; (2) Taken for national security reasons under 5 U.S.C. 7531; (3) Taken under a provision of statute, other than one codified in 5 U.S. Code, which excepts the action from subchapter I, chapter 75 of title 5, U.S. Code; (4) Of a reemployed annuitant; or (5) Of a National Guard Technician. (d) Definitions. In this subpart— (1) Day means a calendar day. (2) Current continuous employment means a period of employment immediately preceding a suspension action in the same or similar positions without a break in Federal civilian employment of a workday. (3) Similar positions mean positions in which the duties performed are similar in nature and character and require substantially the same or similar qualifications, so that the incumbent could be interchanged between the positions without significant training or undue interruption to the work. (4) Suspension means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay. [45 FR 46778, July 11, 1980, as amended at 46 FR 12191, Feb. 13, 1981; 53 FR 21622, June 9, 1988; 57 FR 20043, May 11, 1992; 58 FR 13192, Mar. 10, 1993] (a) An agency may take action under this subpart only 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. (a) Employee entitlements. An employee under this subpart whose suspension is proposed under this subpart is entitled to the procedures provided in 5 U.S.C. 7503(b). (b) Notice of proposed action. The notice of proposal shall inform the employee of his or her right to review the material which is relied on to support the reasons for action given in the notice. (c) Time to answer. The employee shall be given a reasonable time to answer but not less than 24 hours. (d) Representation. Section 7503(b)(3) of title 5 of the United States Code provides that an employee covered by this part whose suspension is proposed in entitled to be represented during the action by an attorney or other representative. An agency may disallow as an employee's representative an individual whose activities as a representative would cause a conflict of interest or position, or an employee of the agency whose release from his or her official position would give rise to unreasonable costs or whose priority work assignments preclude his or her release. (e) Agency decision. In arriving at its written decision, the agency shall consider only the reasons specified in the notice of proposed action and shall consider any answer of the employee and/or his or her representative made to a designated official. The agency shall deliver the notice of decision to the employee at or before the time the action will be effective. (f) Grievances. The employee may file a grievance through an agency administrative grievance system (if applicable) or, if the suspension falls within the coverage of an applicable negotiated grievance procedure, an employee in an exclusive bargaining unit may file a grievance only under that procedure. Sections 7114(a)(5) and 7121(b)(3) of title 5 U.S.C., and the terms of any collective bargaining agreement, govern representation for employees in an exclusive bargaining unit who grieve a suspension under this subpart through the negotiated grievance procedure. (g) Agency records. The agency shall maintain copies of the items specified in 5 U.S.C. 7503(c) and shall furnish them upon request as required by that subsection. [45 FR 46778, July 11, 1980, as amended at 53 FR 21622, June 9, 1988; 60 FR 47040, Sept. 11, 1995]
Title 5: Administrative Personnel
PART 752—ADVERSE ACTIONS
Subpart B—Regulatory Requirements for Suspension for 14 Days or Less
§ 752.201 Coverage.
§ 752.202 Standard for action.
§ 752.203 Procedures.
