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Title 5 Part 351 → Subpart G → §351.704

Title 5 → Chapter I → Subchapter B → Part 351 → Subpart G → §351.704

Electronic Code of Federal Regulations e-CFR

Title 5 Part 351 → Subpart G → §351.704

e-CFR data is current as of November 14, 2019

Title 5Chapter ISubchapter BPart 351Subpart G → §351.704


Title 5: Administrative Personnel
PART 351—REDUCTION IN FORCE
Subpart G—Assignment Rights (Bump and Retreat)


§351.704   Rights and prohibitions.

(a)(1) An agency may satisfy an employee's right to assignment under §351.701 by assignment to a vacant position under §351.201(b), or by assignment under any applicable administrative assignment provisions of §351.705, to a position having a representative rate equal to that the employee would be entitled under §351.701. An agency may also offer an employee assignment under §351.201(b) to a vacant position in lieu of separation by reduction in force under 5 CFR part 351. Any offer of assignment under §351.201(b) to a vacant position must meet the requirements set forth under §351.701.

(2) An agency may, at its discretion, choose to offer a vacant other-than-full-time position to a full-time employee or to offer a vacant full-time position to an other-than-full-time employee in lieu of separation by reduction in force.

(b) Section 351.701 does not:

(1) Authorize or permit an agency to assign an employee to a position having a higher representative rate;

(2) Authorize or permit an agency to displace a full-time employee by an other-than-full-time employee, or to satisfy an other-than-full-time employee's right to assignment by assigning the employee to a vacant full-time position.

(3) Authorize or permit an agency to displace an other-than-full-time employee by a full-time employee, or to satisfy a full-time employee's right to assignment by assigning the employee to a vacant other-than-full-time position.

(4) Authorize or permit an agency to assign a competing employee to a temporary position (i.e., a position under an appointment not to exceed 1 year), except as an offer of assignment in lieu of separation by reduction in force under this part when the employee has no right to a position under §351.701 or §351.704(a)(1) of this part. This option does not preclude an agency from, as an alternative, also using a temporary position to reemploy a competing employee following separation by reduction in force under this part.

(5) Authorize or permit an agency to displace an employee or to satisfy a competing employee's right to assignment by assigning the employee to a position with a different type of work schedule (e.g., full-time, part-time, intermittent, or seasonal) than the position from which the employee is released.

[51 FR 319, Jan. 3, 1986, as amended at 56 FR 65417, Dec. 17, 1991; 60 FR 3063, Jan. 13, 1995; 63 FR 63591, Nov. 16, 1998]


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