432.102—Coverage.
(a) Actions covered.
This part covers reduction in grade and removal of employees based on unacceptable performance.
(1)
The reduction in grade of a supervisor or manager who has not completed the probationary period under 5 U.S.C. 3321(a)(2) if such a reduction is based on supervisory or managerial performance and the reduction is to the grade held immediately before becoming a supervisor or manager in accordance with 5 U.S.C. 3321(b) ;
(2)
The reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment;
(3)
The reduction in grade or removal of an employee in the competitive service serving in an appointment that requires no probationary or trial period who has not completed 1 year of current continuous employment in the same or similar position under other than a temporary appointment limited to 1 year or less;
(4)
The reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;
(8)
An action taken under a provision of statute, other than one codified in title 5 of the U.S. Code, which excepts the action from the provisions of title 5 of the U.S. Code;
(9)
A removal from the Senior Executive Service to a civil service position outside the Senior Executive Service under part 359 of this chapter ;
(13)
An action that terminates a temporary or term promotion and returns the employee to the position from which temporarily promoted, or to a different position of equivalent grade and pay if the agency informed the employee that it was to be of limited duration;
(14)
A termination in accordance with terms specified as conditions of employment at the time the appointment was made; and
(3)
Independent establishments in the executive branch as described at 5 U.S.C. 104, except for a Government corporation; and
(5)
Any executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities;
(e) Employees covered.
This part applies to individuals employed in or under a covered agency as specified at § 432.102(c) except as listed in § 432.102(f).
(1)
An employee in the competitive service who is serving a probationary or trial period under an initial appointment;
(2)
An employee in the competitive service serving in an appointment that requires no probationary or trial period, who has not 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 in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions;
(4)
An employee outside the United States who is paid in accordance with local native prevailing wage rates for the area in which employed;
(6)
An employee who holds a position with the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, United States Code, unless such employee was appointed to such a position under section 7401(3) of title 38;
(12)
A technician in the National Guard described in 5 U.S.C. 8337(h)(1), employed under section 709(b) of title 32;
(13)
An individual occupying a position in the excepted service for which employment is not reasonably expected to exceed 120 calendar days in a consecutive 12 month period; and
(14)
A manager or supervisor returned to his or her previously held grade pursuant to 5 U.S.C. 3321 (a)(2) and (b).