5 U.S.C. § 7511 : US Code - Section 7511: Definitions; application

Search 5 U.S.C. § 7511 : US Code - Section 7511: Definitions; application

      (a) For the purpose of this subchapter - 
        (1) "employee" means - 
          (A) an individual in the competitive service - 
            (i) who is not serving a probationary or trial period under
          an initial appointment; or
            (ii) who has completed 1 year of current continuous service
          under other than a temporary appointment limited to 1 year or
          less;

          (B) a preference eligible in the excepted service who has
        completed 1 year of current continuous service in the same or
        similar positions - 
            (i) in an Executive agency; or
            (ii) in the United States Postal Service or Postal
          Regulatory Commission; and

          (C) an individual in the excepted service (other than a
        preference eligible) - 
            (i) who is not serving a probationary or trial period under
          an initial appointment pending conversion to the competitive
          service; or
            (ii) who has completed 2 years of current continuous
          service in the same or similar positions in an Executive
          agency under other than a temporary appointment limited to 2
          years or less;

        (2) "suspension" has the same meaning as set forth in section
      7501(2) of this title;
        (3) "grade" means a level of classification under a position
      classification system;
        (4) "pay" means the rate of basic pay fixed by law or
      administrative action for the position held by an employee; and
        (5) "furlough" means the placing of an employee in a temporary
      status without duties and pay because of lack of work or funds or
      other nondisciplinary reasons.

      (b) This subchapter does not apply to an employee - 
        (1) whose appointment is made by and with the advice and
      consent of the Senate;
        (2) whose position has been determined to be of a confidential,
      policy-determining, policy-making or policy-advocating character
      by - 
          (A) the President for a position that the President has
        excepted from the competitive service;
          (B) the Office of Personnel Management for a position that
        the Office has excepted from the competitive service; or
          (C) the President or the head of an agency for a position
        excepted from the competitive service by statute;

        (3) whose appointment is made by the President;
        (4) who is receiving an annuity from the Civil Service
      Retirement and Disability Fund, or the Foreign Service Retirement
      and Disability Fund, based on the service of such employee;
        (5) who is described in section 8337(h)(1), relating to
      technicians in the National Guard;
        (6) who is a member of the Foreign Service, as described in
      section 103 of the Foreign Service Act of 1980;
        (7) whose position is within the Central Intelligence Agency or
      the Government Accountability Office;
        (8) whose position is within the United States Postal Service,
      the Postal Regulatory Commission, the Panama Canal Commission,
      the Tennessee Valley Authority, the Federal Bureau of
      Investigation, an intelligence component of the Department of
      Defense (as defined in section 1614 of title 10), or an
      intelligence activity of a military department covered under
      subchapter I of chapter 83 of title 10, unless subsection
      (a)(1)(B) of this section or section 1005(a) of title 39 is the
      basis for this subchapter's applicability;
        (9) who is described in section 5102(c)(11) of this title; or
        (10) who holds a position within the Veterans Health
      Administration which has been excluded from the competitive
      service by or under a provision of title 38, unless such employee
      was appointed to such position under section 7401(3) of such
      title.

      (c) The Office may provide for the application of this subchapter
    to any position or group of positions excepted from the competitive
    service by regulation of the Office which is not otherwise covered
    by this subchapter.