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Part 6. Human Resources Management

Chapter 300. Employment

Section 1. Appointment Determinations and Policies

6.300.1  Appointment Determinations and Policies

6.300.1.1  (08-01-2002)
Scope of IRM 6.300.1

  1. This section applies to all IRS organizational components and employees, unless otherwise stated. Negotiated union agreements, however, may amend, supersede, or supplement agency guidelines. For employees in IRS bargaining units covered by negotiated agreements, appropriate contract provisions relating to subjects in this IRM should be reviewed. In case of conflict with this IRM, the agreement will prevail.

6.300.1.2  (08-01-2002)
Procedures, Policies, and Delegations

  1. The Office of Personnel Management (OPM) Guide to Processing Personnel Actions contains instructions for processing accession actions and conversions to another type of appointment in the competitive and excepted service.

  2. Internal Revenue Service policies governing accessions and conversions are set forth in policy statements P-0-4, P-0-5, and P-0-7. These policies will be followed except when limited by statute or OPM regulation.

  3. Treasury Personnel Manual, Chapter 250, and Delegation Orders No. 81, Delegation of Authority in Various Personnel Matters (as revised) and No. 27, Authority to Administer Oaths (as revised) contain delegations of authority.

6.300.1.3  (08-01-2002)
Effective Date of Appointments

  1. An appointment may be made effective on a date subsequent to but not on a date prior to the date the official having authority to make the appointment actually makes or approves the action (see 8 Comp. Gen. 582). Other decisions, which may be relevant, are found in OPM's Guide to Processing Personnel Actions, Chapter 3, Figure 3-1. Comptroller General (CG) Decisions Concerning Effective Dates. The backdating of appointments before the actual date of approval by the appropriate appointing official constitutes falsification of public records for which severe penalties are prescribed.

  2. Appointments may be made only by the official having the delegated authority. The selection itself must be approved by the official with the delegated authority. See Delegation Order No. 81 (as revised) and any "local" delegation orders.

6.300.1.4  (08-01-2002)
Appointment Documents, Determinations, and Entitlements

  1. OPM's Guide to Processing Personnel Actions, Chapter 3, Subchapter 4, and the Job Aid specifies the required appointment documents. Servicing personnel offices within Agency-Wide Shared Services (AWSS) and Executive Services Division have responsibility for prescribing any other forms used for various appointment actions.

  2. Standard Form 61, Appointment Affidavits, will be executed according to instructions in OPM's Guide to Processing Personnel Actions, Chapter 3, Subchapter 4 and the Job Aid.

  3. The delegations of authority to administer appointment oaths are contained in Delegation Order No. 27 (as revised). Whenever feasible, the oath of office should be administered by a higher level official to assure that the employee's obligations are established in an impressive and meaningful manner.

  4. Service computation data review will be performed according to OPM's Guide to Processing Personnel Actions.

  5. Pay rate will be determined under appropriate OPM regulations and IRM 6.500.1 (To Be Issued).

  6. Federal Employees Health Benefits Program (FEHB)-See the Federal Employees Health Benefit Handbook for Personnel and Payroll Offices at http://www.opm.gov/insure/health/index.htm for guidance.

  7. Federal Employees Group Life Insurance Program (FEGLI) — See the Federal Employees Group Life Insurance - A Handbook for Employees, Annuitants, Compensationers and Employing Offices at http://www.opm.gov/insure/life/handbook/index.htm

  8. Standard Form 1152, Designation of Beneficiary (for Unpaid Compensation), and Standard Form 2823, Designation of Beneficiary (for Life Insurance), will be provided to employees. One copy will be filed in the Official Personnel Folder (OPF) and one copy will be given to the employee.

6.300.1.5  (08-01-2002)
Reemployment of Annuitants

  1. An annuitant under either the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) may be employed in any position for which qualified. Annuitants who are reemployed in Federal civilian positions will have their pay reduced unless there is an authorized exception. See 5 U.S.C. Sections 8344 and 8468 and 5 CFR Part 553 for further guidance.

  2. OPM's CSRS and FERS Handbook, Chapter 100, contains guidance and job aids for use in hiring reemployed annuitants. All requests for dual compensation waivers related to reemployment of annuitants should be forwarded through appropriate channels to National Headquarters to Chief, Human Resources Officer, Strategic Human Resources, or the Commissioner for Executive or Board Covered positions.

6.300.1.6  (08-01-2002)
Employment of Faculty Members

  1. Appropriate references are as follows:

    • 5 CFR 316.402(a)

    • 5 CFR 213.3102(o)

  2. Offices are encouraged to utilize the services of faculty members as temporary or part-time employees. Not only does the Service benefit but such employment offers advantages in terms of improved relationships and increasing interest in IRS job opportunities.

  3. Two OPM authorities most commonly used for the appointment of faculty members are:

    1. Temporary Appointment, 5 CFR 316.402(a); and

    2. Schedule A, 5 CFR 213.3102(o).

    Note:

    These appointments are restricted to 130 working days a year. (Even one hour's work a day counts as one working day).

  4. Guidance on requirements for suitability investigation for appointment of faculty members is contained in IRM 6.731.

6.300.1.7  (08-01-2002)
Declaration of Filing Income Tax Returns

  1. It is the position of the Internal Revenue Service that its employees will comply with all tax measures to which they are subject. This includes Federal, State, and other local tax measures and is applicable to all permanent, term, and temporary employees, in all positions. As the arm of the Federal Government whose chief mission is the enforcement of Federal tax laws, IRS employees must comply fully with applicable requirements of governmental taxing authorities. Applicants who failed to abide by Federal, State, and local laws are subject to non-selection.

  2. To determine whether applicants are in compliance with applicable laws concerning Federal tax filing and paying, all applicants will be asked to complete Form 5012, New Employee Tax Verification, prior to entry on duty. Servicing Personnel Offices are responsible for establishing procedures for processing Form 5012. According to OPM's Guide to Personnel Record keeping, pre-employment inquiries (which would include Form 5012) are not filed in the Official Personnel Folder (OPF). If kept, file documents in the recruitment file.

6.300.1.8  (08-01-2002)
Reassignments

  1. Reassignments will not be used in lieu of discipline. See IRM 6.751.

  2. For bargaining unit positions, refer to the negotiated agreement when an involuntary reassignment is necessary due to a staffing imbalance.

6.300.1.9  (08-01-2002)
Time-In-Grade (TIG)

  1. Time-in-grade (TIG) restrictions (5 CFR 300 Subpart F) prevent excessively rapid promotions by setting minimum periods that employees must serve at each grade level.

  2. Candidates for positions with the IRS should be advised of the TIG restrictions in order to prevent poor morale and unnecessary turnover due to misunderstandings related to the rate of progression into higher graded positions.

6.300.1.9.1  (08-01-2002)
Definitions For Time-In-Grade

  1. Advancement - a promotion (including a temporary promotion) or any type of appointment resulting in a higher rate of basic pay. For example, it includes permanent and temporary promotions (both competitive and noncompetitive); promotion based on reclassification of an employee's position because of additional higher grade duties, classification error, or a new classification standard; and temporary appointments. It does not include detail actions because neither the grade nor rate of pay of the detailed employee changes.

  2. Competitive appointment - an appointment based on selection from a competitive examination register of eligibles or under a direct hire authority.

  3. Hardship to an agency - Involves serious difficulty in filling a position, including when:

    1. The situation to be redressed results from circumstances beyond the organization's control and otherwise would require extensive corrective action. Examples: New legislation requires immediate implementation of a new or expanded research initiative and significant reorganization or retraining are the only alternatives to advancing a current employee who does not meet the TIG restrictions. An agency determines through a position classification audit that an employee has been performing higher grade duties but extensive management action otherwise would be required to correct the situation.

    2. A position at the next lower grade in the normal line of promotion does not exist. This provision is intended to be used in filling vacancies and may not be applied to a career ladder promotion (see table, Exhibit 6.300.1-1 for mixed grade interval patterns). A position is in the normal line of promotion if experience in the position would be qualifying for the vacancy to be filled. A determination that a position at the next lower grade in the normal line of promotion does not exist must be based on the positions in the minimum area of consideration for the vacancy to be filled, as described in the merit promotion plan, but would not extend beyond the entire organization covered by the merit promotion plan. (See Part II, section F6, of the Qualification Standards Handbook on setting qualification requirements when a position at the next lower grade does not exist.)

    3. A shortage of candidates exists for the position to be filled. Evidence of a shortage must be documented by one or more of the following: an approved special salary rate for the position; a current direct hire authority for all qualified applicants for the position; approval of a recruitment, retention or relocation bonus, or payment of academic degree training for recruitment or retention in the position.

  4. Mixed interval pattern - This is a unique situation that may occur when the career ladder of the position does not fit the established pattern, such as a GS-5, 6, 8, 10 line of promotion instead of the standard GS-5, 6, 7, 8, 9, 10 line of promotion for a line of work that usually follows a one-grade interval pattern. When positions are properly classified, irregular promotion patterns would occur only in rare and unusual circumstances.

  5. Inequity to an employee - Involves situations where:

    1. An employee's position is upgraded without change in the employee's duties or responsibilities. This might result from a new classification standard, correction of a classification error, or a change in criteria required by the classification standard, or

    2. Discrimination or administrative error prevented an employee from reaching a higher grade.

  6. Nontemporary appointment - any appointment other than:

    1. a temporary appointment pending establishment of a register (TAPER) or a temporary appointment pending establishment of a register (TAPER); or

    2. a temporary or excepted appointment with a time limit of 1 year or less. Nontemporary appointment includes career, career-conditional, term status quo, overseas limited term and indefinite, and excepted appointment without a specific time limit or with a time limit of more than 1 year.

6.300.1.9.2  (08-01-2002)
Who is Subject to Time-in-Grade

  1. Positions covered. Applies to General Schedule (GS) positions in the competitive service. This does not apply to competitive service positions outside the GS (such as WG) or excepted service positions.

  2. Persons covered. The time-in-grade (TIG) restrictions in the table, Exhibit 6.300.1-1, apply to an individual's advancement to a GS position in the competitive service if, at any time during the previous 52 weeks, the individual held a GS position:

    1. Under nontemporary appointment, and

    2. In the competitive or excepted service, and

    3. In the executive branch.

  3. Related requirements. To establish promotion eligibility, an individual who has met the time-in-grade restrictions also must satisfy all other appropriate requirements. Other requirements include qualification requirements, merit promotion program requirements, time-after-competitive appointment restriction, and any others that may apply.

6.300.1.9.3  (08-01-2002)
Time-in-Grade Restrictions

  1. Waiting Periods. An individual subject to TIG must meet the provisions in the table. To determine which provision applies, decision is based on the position to be filled, not on an employee's current position.

  2. Number of Advancements. A person who has a total of 52 weeks of creditable service at or above a particular grade may be advanced to any position one grade above that level (if otherwise eligible). The number of advancements an employee may receive, and the number of grades he or she may be advanced, are not limited so long as the employee satisfies the appropriate restriction at the time of each advancement.

    Example:

    A GS-9 employee with 52 weeks prior nontemporary creditable service equivalent to the GS-11 level would meet the TIG restrictions for promotion from GS-9 to GS-11; immediately on promotion to GS-11, the employee would satisfy time in grade for GS-12. Alternatively, this same employee would satisfy time in grade for promotion directly from GS-9 to GS-12.

6.300.1.9.4  (08-01-2002)
Application of Time-in-Grade Restrictions to Special Appointments for Veterans

  1. Time-in-grade restrictions do not apply when an employee under a career appointment or under a VRA appointment is given a VRA appointment at a higher grade. The same rule applies to a 30% or more disabled veteran who has been converted to career/career conditional status under 5 CFR 315.707 and is then given another temporary appointment under 5 CFR 316.402(b).

6.300.1.9.5  (08-01-2002)
Creditable Service

  1. General Rule. All service (except as provided in 6.300.1.9.5 (7)) at the required or higher grade, or equivalent, is creditable towards the time periods in the table (see Exhibit 6.300.1-1) if it is:

    • Federal,

    • Civilian, and

    • Appointive (that is, the employee must have been appointed to a position).

  2. This includes service:

    1. In the executive, legislative, and judicial branches;

    2. In competitive and excepted positions (including the U.S. Postal Service);

    3. Whether immediately preceding the promotion or not;

    4. In General Schedule and other pay systems, including employment in a Federal nonappropriated fund (NAF) position; and

    5. Under a time-limited promotion and under any type of appointment, including interim and temporary appointments, except as provided in IRM 6.300.1.9.7.

  3. Job Series. Service at the appropriate grade level is creditable without regard to an employee's job series. Example: 40 weeks as a GS-318-7 and 12 weeks as a GS-201-7 together satisfy time in grade for a GS-201-9 position. (However, job series is a factor for qualifications purposes and this service may not satisfy the specialized experience requirement in the OPM Operating Manual, Qualification Standards for General Schedule Positions.)

  4. Details. When a Federal employee is detailed to another position or set of duties, the time while on detail is credited at the grade of the employee's position of record, not the grade of the position to which detailed. (Conversely, an employee may be detailed to a higher grade position without meeting time in grade). In situations where an employee receives experience credit based on a supervisor's certification that the employee performed higher grade duties, this service is considered as the equivalent of a detail and is not creditable for time-in-grade at the higher grade.

  5. Non-GS Service. The following situations must be considered:

    1. Prior Federal service in a non-GS position that meets the General Rule criteria in paragraph (1) above is creditable in meeting the TIG restrictions.

      Example:

      An employee with prior Federal Wage System (WG) service is not subject to the TIG restrictions on placement in a GS position, but the prior WG service would count towards time in the GS grade if it was at least equivalent to the GS grade.

    2. Credit Federal non-GS service at the equivalent GS- grade, except as provided in 6.300.1.9.7 on temporary employment. To determine the equivalent GS grade, compare the individual's rate of basic pay with the GS representative rates in effect when the non-GS service was performed. Representative rate means the fourth step of a GS grade. (If the individual received an hourly rate of pay, multiply it by 2087 to obtain the equivalent annual rate.) The equivalent GS grade is the GS grade with a representative rate that equals the individual's rate of basic pay. When the individual's rate of basic pay falls between the representative rates of two GS grades, credit the non-GS service at the higher grade.

    3. Rate of basic pay means the rate of pay fixed by law or administrative action for the position held by an employee before any deductions and exclusive of additional pay of any kind, such as a night or environmental differential, retention allowance, interim geographic allowance, or locality based comparability payments.

  6. District of Columbia service. On January 1, 1980, the District of Columbia implemented an independent merit system. Prior to that, employment with the District of Columbia Government was under Federal civil service laws. Thus, both competitive and excepted service with the District of Columbia Government prior to January 1, 1980, is creditable for time in grade purposes. In addition, for those District of Columbia Government employees who were converted to the District Government merit system on January 1, 1980, credit is given for District service up through September 25, 1980 (the effective date of a District of Columbia law removing its employees from Title 5, U.S.C.).

  7. Noncreditable employment. Employment with the following is not creditable for time in grade purposes:

    1. the private sector;

    2. colleges and universities;

    3. military service;

    4. Federal contractors;

    5. international organizations; and State or local governments, except District of Columbia employment as described in paragraph (6) above.

    Employees who exercise restoration or reemployment rights have service credited as provided in 5 CFR 352 and 353.

  8. Miscellaneous:

    1. Count time under part-time and intermittent work schedules on the basis of calendar time in a grade, the same as for full-time employees, regardless of the number of hours worked.

    2. Give full credit for periods of paid leave and non-pay status (e.g., leave without pay, furlough, suspension).

    3. Credit service under grade retention at the retained grade level.

6.300.1.9.6  (08-01-2002)
Exceptions to Time-in-Grade

  1. For the following actions, an employee is not subject to the TIG restrictions. An exception to the TIG restrictions does not provide an exception to other applicable requirements, such as qualification standards or the merit promotion program. A current employee may be selected from a certificate of eligibles without regard to time-in-grade. This action is processed as a conversion to a new appointment.

  2. Appointment under a noncompetitive authority. An individual appointed under a noncompetitive authority is not subject to the TIG restrictions. For purposes of this chapter, a noncompetitive authority means a special appointing authority in law or Executive order not requiring selection from a competitive register. It does not include transfer, reinstatement, or appointment outside the register under 5 CFR 333. The noncompetitive appointment must be made in accordance with all requirements that apply to new appointments under that authority.

    Example:

    An agency may give a current employee a new appointment under the Veterans Readjustment Appointment (VRA) authority but the appointment must be made in accordance with the requirements in 5 CFR 213. (Conversely, if an agency promoted an employee under his or her existing VRA or career appointment, the employee must satisfy the TIG restrictions or another TIG exception in this section.)

  3. Previously held grade. An individual may be advanced up to any grade he or she previously held under non-temporary appointment in the competitive or excepted service (merit promotion and other requirements must be met.) This includes a grade held under a time-limited promotion. If this service totals 52 weeks, the individual also could be advanced to the next higher grade in accordance with the table (see Exhibit 6.300.1-1).

  4. Non-GS to GS. Refer to 5 CFR 300.605(b) for crediting service in positions not subject to the General Schedule.

  5. Temporary Employment. An employee who has held only temporary appointments during the previous 52 weeks is not subject to the TIG restrictions. See 6.300.1.9.7. (3).

  6. Details. Details are not subject to the TIG restrictions.

  7. Training Agreements. An agency may establish a training agreement that provides for faster than normal promotions in occupations where the agency has a chronic or unusually severe shortage of qualified personnel. An employee promoted in accordance with a training agreement is not subject to the TIG restrictions. However, an employee may receive no more than two promotions in any 52-week period solely on the basis of one or more training agreements. (More than two promotions might result if an employee had been advanced prior to entry into the training program or if the employee had prior service to count toward meeting the TIG restrictions.) Agencies must submit for OPM through Strategic Human Resources, Personnel Policy Division, any requests for prior approval of any training agreement that provides for consecutive promotions at rates faster than allowed by the table in Exhibit 6.300.1-1.

  8. Hardship or inequity. An agency may approve an exception to the TIG restrictions in an individual meritorious case to avoid hardship to the agency or inequity to an employee. Under this provision, Department of Treasury may approve the promotion of an employee who has fewer than 52 weeks service at the appropriate grade level. This authority is discretionary with Treasury. When a position at the next lower grade in the normal line of promotion does not exist, IRS may set the TIG restriction at a lower grade without prior approval from Treasury. Examples of conditions for its use are:

    1. An exception requires the prior approval of the agency head, who may redelegate this authority to other agency officials.

    2. An action may not be made effective before the approval date.

    3. Agencies may not approve an exception to advance an employee more than three grades during any 52-week period (for example, a GS-7 employee may not be promoted above GS-10).

    4. Agencies may not approve an exception to correct a promotion found to be erroneous because the employee did not meet TIG restrictions when promoted. When an exception is made for a position that will be filled under the competitive procedures in 5 CFR 335, the vacancy announcement must contain the revised TIG restrictions.

    5. The approval of an exception, including the basis for it, must be filed in the employee's Official Personnel Folder.

  9. OPM approval. OPM may approve a TIG exception to avoid hardship or inequity in individual meritorious situations not defined but consistent with the definitions in paragraph (8) above.

  10. Requests for Approval. Offices should send requests to Strategic Human Resources, Personnel Policy Division, for forwarding to Treasury and OPM, as appropriate.

6.300.1.9.7  (08-01-2002)
Temporary Employment and TIG

  1. The following discusses the relationship between the TIG restrictions and temporary appointments (appointment with a time limit of 1 year or less in the competitive or excepted service and temporary appointment pending establishment of a register (TAPER).

  2. Temporary appointment subject to TIG. An employee must meet the TIG restrictions at the time of a temporary appointment only if, at any time during the previous 52 weeks, he or she held a GS position:

    1. Under nontemporary appointment;

    2. In the competitive or excepted service; and

    3. In the executive branch.

    Note:

    However, such an employee may be covered by an exception in 6.300.1.9.6. Note that this reference does not contain an exception for appointments made under the outside-the-register procedures of 5 CFR 333. Thus, a career employee who does not satisfy the TIG restrictions for a higher grade would be ineligible for both promotion and temporary appointment outside the register to that higher grade.

  3. Temporary employee not subject to TIG. An employee who has held only temporary appointments during the previous 52 weeks is not subject to the time in grade restrictions, regardless of the type of appointment authority used.

  4. Credit for priority temporary service at time of nontemporary appointment:

    1. Temporary employment above the grade of an employee's subsequent non-temporary competitive appointment is credited at the grade of the non-temporary competitive appointment. Once the employee has served 52 weeks in pay status under the non-temporary competitive appointment, the temporary service is credited at its actual grade level.

      Note:

      The purpose of this rule is to protect the integrity of the competitive examining system. It helps prevent competitive appointments from lower grade registers, with immediate repromotion back to the higher grade held under temporary appointment.

      Example:

      An employee receives a career-conditional appointment to a GS-7 position based on selection from a competitive register. Previously, the employee had served at GS-11 for 2 years under temporary appointments. On appointment from the register, the employee's temporary GS-11 service is credited at the GS-7 level. After serving 90 days and meeting the time-after-competitive appointment restriction, the employee will be eligible for a GS-9 position with a two-grade interval promotion pattern. Finally, after serving 52 weeks in pay status under the career-conditional appointment, the employee's temporary service is credited at the GS-11 level, thus satisfying time in grade for advancement to GS-12.

      Note:

      For provisions of this rule [see 5 CFR 300.605(c)]. "Pay status" is defined as actual time in work status rather than time on the rolls. All other 52-week time periods required by 5 CFR 300, Subpart F, are met by time on the rolls in either a pay or non-pay status.

    2. This rule does not apply to crediting prior temporary service in a reinstatement, VRA appointment, or noncompetitive appointment, such as those in 5 CFR 315. For these actions, prior temporary service is credited at the actual grade served from the effective date of the reinstatement or noncompetitive appointment.

6.300.1.9.8  (08-01-2002)
Cross References

  1. The following regulations may be relevant to time-in-grade depending on the situation:

    1. Academic degree training in 5 CFR 410.

    2. Competitive registers in 5 CFR 332.

    3. Excepted appointments in 5 CFR 213.

    4. Merit promotion program requirements in 5 CFR 335.

    5. Performance appraisals in 5 CFR 430.

    6. Qualification standards in OPM Operating Manual, Qualification Standards for General Schedule Positions.

    7. Recruitment and relocation bonuses in 5 CFR 575.

    8. Reemployment in 5 CFR 353.

    9. Reinstatement in 5 CFR 315 Subpart D.

    10. Restoration in 5 CFR 353.

    11. Retention allowances in 5 CFR 575.

    12. Special salary rates in 5 CFR 530.

    13. TAPER in 5 CFR 316.

    14. Temporary employment in 5 CFR 316 and 213.

    15. Time-after-competitive appointment restriction in 5 CFR 330 Subpart E.

    16. Variations in 5 CFR Part 5.

6.300.1.10  (08-01-2002)
Crediting Leave Without Pay (LWOP) and Non-pay Status Toward Promotion/ Reassignment

  1. Applying qualification standards involves more than merely rating an individual on the basis of length of experience alone. Internal and external placement actions should be characterized by evaluations based on whether the individual possesses the necessary knowledge, skills, and abilities to perform the work.

  2. Qualification determinations should be based on an individual's total background with all valid and pertinent experience considered. Thus all periods of time spent on a job should be credited without regard to limited periods of time away from duties on approved leave (including LWOP). Based on advisories from OPM, the Service has determined that up to 30 days of LWOP may be credited towards meeting those experience requirements; and that periods of non-pay status, such as seasonal employment, will be treated as LWOP.

    1. Up to 30 days of LWOP may be credited towards meeting experience requirements for promotion or reassignment, provided the employee possesses the knowledge, skills, and abilities necessary to perform the job.

    2. Up to 30 days credit for non-pay status (LWOP) may be given to seasonal and permanent part-time or full-time employees toward meeting length and quality of experience requirements.

    3. Non-pay status may be credited for a maximum of 30 days within each grade (promotion period).

    4. Credit will be prorated on the basis of an employee's tour of duty prior to being placed in non-pay status, up to a maximum of 30 days.

      Example:

      An employee working a 40 hour-per-week tour of duty prior to non-pay status will receive 30 days credit. An employee working a 20 hour-per-week tour of duty prior to non-pay status will receive 15 days credit. Intermittent employees have no specified tour of duty; therefore, credit for non-pay status is not given.

    5. These instructions also apply to promotions of employees who were former Student Career Experience Program (SCEP) employees (formerly referred to as Cooperative Education employees).

      Example:

      A former employee who had intervening periods of non-pay status at the GS-5 level, before conversion to career tenure, may have 30 days credited toward the GS-7 level of a position classified at two-grade intervals.

    6. Although Personnel Offices have the final authority to allow credit for experience, unusual situations should be reviewed on a case-by-case basis, with input from supervisors as needed. An example of such situations would be contacting a supervisor for verification of duties claimed as being performed, but which are not reflected in recorded documentation.

    7. Periods of LWOP in excess of 30 days may be credited provided that the individual's qualifications are reviewed carefully on a case-by-case basis. It is expected that instances where an individual would possess the necessary qualification after an extended period of LWOP will be rare.

6.300.1.11  (08-01-2002)
Employee Orientation Program

  1. The objectives of the Employee Orientation Program are to:

    1. Provide a positive first impression of the agency;

    2. Inform new employees of the mission and organization of the Service;

    3. Educate the employee in the Service's history, culture and values. Initiate and expedite the process by which new employees gain a sense of pride in the Service and a sense of purpose in their position within the Service;

    4. Convey necessary information about employee benefits, standards of conduct and employment practices;

    5. Facilitate the adjustment of new employees to their job and work environment;

    6. Communicate a clear understanding of the duties of the new employees and how those duties are to be performed; and

    7. Reduce future dissatisfaction and job turnover due to lack of information or misinformation.

6.300.1.11.1  (08-01-2002)
Responsibilities

  1. The orientation program should be delivered consistently throughout the Service with emphasis on providing useful information in a timely and professional manner. Those responsible for conducting the program should be knowledgeable in the areas covered when administering their parts. In addition, they should be sensitive to employee concerns and responsive to questions raised by the new employees. It is important to keep in mind that the initial impression that new employees have of the Service will be formed by the actions of those who conduct the program and the physical surroundings in which the program is conducted.

  2. AWSS is responsible for assuring that the content of the orientation program meets the objectives of the program cited above, as well as the needs of the hiring organizations. AWSS servicing Personnel Offices are responsible for administering the program, ensuring consistent delivery throughout the Service and for making needed adjustments to the program as may be required. To guarantee success, the orientation program also requires the active support of all levels of management.

  3. Executive Services Division in Strategic Human Resources is responsible for the content and delivery of the orientation program for executives and board-covered employees.

6.300.1.12  (08-01-2002)
Use of Private Sector Temporaries

  1. Use of private sector temporaries is governed by 5 CFR 300 Subpart E.

  2. Use of private sector temporaries must be made in conjunction with the servicing Personnel Office. The servicing Labor Relations Office will also be consulted when bargaining unit positions are involved. The process is basically a procurement process, once the personnel and labor relations requirements are satisfied. Guidance on the procurement process may be found on the IRS Intranet site at the Agency-Wide Shared Services, Procurement web site in Policy and Procedures Memorandum No. 37.1, "Use of Private Sector Temporaries." Exhibit 6.300.1-2 contains a sample personnel certification for meeting the requirements of 5 CFR 300.503(2)(b) and certification of notification of National Treasury Employees Union.

6.300.1.13  (08-01-2002)
Details of Employees

  1. 5 U.S.C. 3341 and 5 CFR 300.301 govern details.

  2. Guidance on details for more than 120 days to a higher graded position or to a position with higher promotion potential is found at 5 CFR 335.103 (c)(ii).

  3. For bargaining unit positions, the applicable negotiated agreement contains procedures on details.

  4. Details between agencies are procurement actions requiring interagency agreements under the Economy Act, 31 U.S.C. 1535. Interagency agreements must be processed in accordance with IRS Procurement Policy and Procedures Memorandum (P&P) 16.5, as revised. A current revision may be found on the AWSS Procurement web site on the IRS Intranet. Procurement personnel create the written interagency agreement and obtain approval by the Director, Procurement or his/her designee. The servicing Personnel Office reviews the interagency agreement for compliance with current regulations and policies on details.

  5. Details to the White House and Congress are the only details requiring prior approval from the Department of Treasury. Request for details of this type should be forwarded through appropriate channels to the Chief Human Resource Officer in Strategic Human Resources. Reports on details to the White House, Congress, other agencies, and international organizations may still be required by Treasury; therefore, offices will need to continue to maintain records of such details. Approval authorities for all other details are contained in Delegation Order 81, as revised.

  6. Initial details may not be for more than 120 days and may be extended in 120-day increments, subject to other limitations on duration in the above-cited references. OPM's Guide to Processing Personnel Actions contains instructions on documentation of details.

6.300.1.14  (08-01-2002)
Employment of Relatives

  1. Restrictions on the employments of relatives are found in CFR Part 310. Emergency exceptions are also covered.

  2. Definitions of relatives are found at 5 CFR, 310.102.

  3. The Service policy on Dual Careers is found in policy statement P-0-18.

6.300.1.15  (08-01-2002)
Probation or Trial Period for Career and Career Conditional Employment

  1. Probationary or trial periods provide the supervisor with the opportunity to measure the abilities and fitness of the employee for continued employment in the Service. This period also provides an opportunity to complete background investigations. Information in 5 CFR 315, Subpart H - Probation on Initial Appointment to a Competitive Position, governs this period.

  2. Effective 10/13/00, the Department of Treasury approved extension of the probationary period from one to three years for GS-1811 Special Agent positions in Criminal Investigation (as provided under the IRS Restructuring and Reform Act of 1998).

6.300.1.15.1  (08-01-2002)
Termination During Probation or Trial Period

  1. Failure on the part of the employee to demonstrate acceptable performance or conduct will be cause for separation from the Service as soon into the probationary or trial period as a determination is made (see IRM 6.430 for supervisors' responsibilities and other information concerning the probationary or trial period).

  2. If after a full and fair period, it is apparent that an employee is unsuited for continued employment in the Service, he/she will be given the opportunity to resign. If the employee does not choose to resign, he/she will be separated during the probationary period. Fifteen (15) days advance notice should be given prior to actual separation, except that the appointing officer may establish a lesser notice period if circumstances warrant such action. All notices of separation for disqualification will include sufficient information to inform the employee why the action is being taken. (See Exhibits 6.300.1-3,6.300.1-4 and 6.300.1-5 for sample letters that can be used in probationary terminations.)

  3. A warning or caution letter may be used in closing out Treasury Inspector General for Tax Administration (TIGTA) Reports of Background and Character Investigation where improprieties prior to employment with the Internal Revenue Service are disclosed. These improprieties should be of a nature not mandating severe action (such as separation) but serious enough to put the employee on notice that such actions will not be tolerated of Internal Revenue Service employees. They are not filed in the Official Personnel Folder. (See Exhibit 6.300.1-6for a sample letter).

6.300.1.16  (08-01-2002)
Probationary Period for Supervisors and Managers

  1. The following establishes guidelines and instructions on use of the probationary period upon initial assignment to a supervisory or managerial position as required by the Civil Service Reform Act of 1978 (5 CFR 315, Subpart I).

    1. An employee or applicant for employment whose initial assignment to a supervisory or managerial position (as defined in (2) below) is on or after August 11,1979, will be required to serve a probationary period for 365 calendar days.

    2. Certain exemptions to this requirement for a probationary period are granted by 5 CFR 315, Subpart I. These, along with exceptions established by the Service, are contained below.

    3. The probationary period allows management to effectively assess the supervisory or managerial performance of the individual for continued employment in the position, since the incumbent carries full responsibility for the position along with full pay during the probationary period. It also provides an avenue for returning the employee to a non-supervisory or non-managerial position without using adverse action procedures should circumstances warrant.

  2. "Supervisory position" and "managerial position" have the meaning given them by the General Schedule Supervisory Guide.

6.300.1.16.1  (08-01-2002)
Coverage

  1. The length of the probationary period will be 365 calendar days.

  2. The probationary period applies to all assignments to covered positions on or after August 11, 1979.

  3. Only one probationary period will be required of Service employees. Employees who serve one probationary period in the Federal Government will not be required to serve a second probationary period upon assignment to another supervisory or managerial position.

  4. The probationary period will be satisfied by successful completion of 365 calendar days in a position in the Federal Government at any grade which meets the definition of a supervisory or managerial position (see (2) above).

  5. The following exceptions are applicable to employees who occupied positions on or before August 11, 1979:

    1. An employee who formerly held or currently holds a supervisory or managerial position in the Federal Government on a permanent assignment is not subject to a probationary period under this subsection for any future assignment to such a position.

    2. An employee who has completed more than 120 consecutive days on a former temporary promotion or reassignment to a supervisory or managerial position in the Federal Government is not subject to a probationary period under this subsection for any future assignment to such a position. Any such assignment for 120 days or less does not qualify for this exception.

6.300.1.16.2  (08-01-2002)
Responsibilities During Probationary Period

  1. AWSS servicing Personnel Offices are responsible for:

    1. Establishing procedures for determining if employees are required to serve a probationary period;

    2. Notifying the immediate supervisor or manager when the employee enters a probationary period and the anticipated completion date;

    3. Annotating the SF-50, Notification of Personnel Action, in accordance with OPM's Guide to Processing Personnel Actions; and

    4. Assuring that each employee who requests a change to lower grade to a supervisory or managerial position, in which he or she will be subject to a probationary period, is given advance written notice that failure to satisfactorily complete the probationary period will result in a lateral reassignment to a non-supervisory or non-managerial position in accordance with the provisions of 5 CFR 315.907 (see Exhibit 6.300.1-7 for a sample statement).

  2. The employee's immediate supervisor is responsible for:

    1. Establishing and discussing written performance requirements with employees serving a probationary period within thirty (30) calendar days after assignment to the supervisory/managerial position.

    2. Ensuring that training needed in the successful performance of the duties of the position is promptly received. Training funds must be appropriately budgeted for this purpose.

    3. Conducting, as a minimum, a mid-year review with each probationary supervisor or manager. Counseling should be a continuous, on-going process. This counseling must be confirmed in writing.

    4. Certifying the successful completion of the employee's probationary period and furnishing to the personnel office a signed copy of the written notice to the employee. This form will be used as official documentation for the employee's personnel folder.

    5. Initiating an action to return the employee to a non-supervisory or non-managerial position at any time during the probationary period for reasons related to supervisory or managerial performance deficiencies. As a minimum, this action must have the concurrence of the next level supervisor.

6.300.1.16.3  (08-01-2002)
Crediting Service Toward Completion of the Probationary Period

  1. An employee serving a probationary period who is transferred, reassigned, or promoted to another position for reasons unrelated to supervisory or managerial performance deficiencies will be given credit for his/her probationary experience in the position.

  2. Supervisory or managerial employees who have a break in service (i.e., off Federal Government rolls) of 30 calendar days or more during a probationary period, will not be credited with previous probationary experience under subsequent appointment, but will be required to serve a new one year probationary period.

  3. Absence in a non-pay status while on the rolls (other than absence because of compensable injury or military duty) is creditable up to a total of 22 cumulative workdays. Any non-pay time in excess of the total of 22 workdays extends the probationary period by an equal amount.

  4. Absence (whether on or off the rolls) due to compensable injury or military duty, from which the employee is entitled to restoration rights under 5 CFR 353, is creditable in full. This is in accordance with the requirements of 5 CFR 315.906.

  5. When an employee is separated for cause or returned to a non-supervisory or non-managerial position during the probationary period for reasons related to supervisory or managerial performance deficiencies, his or her service does not count toward completion of a probationary period required under subsequent appointments.

  6. Supervisors or managers on permanent appointments with a Seasonal tour of duty, who are in work status more than 90 days consecutively, will be credited with probationary experience in the supervisory or managerial position for all time in a work status during the season, provided a written performance evaluation is prepared which reflects satisfactory performance during the period.

  7. Employees who are given official temporary promotions or reassignments for more than 120 consecutive calendar days to a position as supervisor or manager will be given credit toward completion of the probationary period requirement for all time on the assignment.

  8. Employees who serve on temporary promotions or reassignments of 120 calendar days or less to positions as supervisor or manager will receive no credit toward completion of the probationary period requirement, unless the employee is assigned permanently to the supervisory or managerial position without returning to the old position.

6.300.1.16.4  (08-01-2002)
Procedures

  1. Each Servicing Personnel Office is responsible for establishing procedures to advise individuals competing for supervisory or managerial positions that they may be subject to a probationary period upon selection and assignment if they have not already met the requirement. A sample statement for vacancy announcements is contained in Exhibit 6.300.1-8.

  2. An employee requesting a change to lower grade to a supervisory or managerial position in which he or she will be subject to a probationary period must be given advance written notice that failure to successfully complete the probationary period will result in lateral reassignment to a non-supervisory or non-managerial position in accordance with 5 CFR 315.907. A signed statement from the employee will serve as documentation and should be retained in his or her employee performance folder (see Exhibit 6.300.1-7).

  3. Personnel actions (SF-50) assigning an employee to a supervisory or managerial position, or removing an employee from one of these positions for failure to satisfactorily complete the probationary period, must be documented in accordance with the instructions contained in OPM's Guide to Processing Personnel Actions.

  4. The supervisor must issue a memorandum notifying the employee of satisfactory completion of the probationary period. A copy of the memorandum must be sent to Personnel to be used as official documentation for the employee's OPF.

  5. If the immediate supervisor decides at any time during the probationary period that the employee's supervisory or managerial performance is unsatisfactory, the employee must be given a written notice that he/she will be returned to a non-supervisory or non-managerial position. The notice must be provided to the employee at least ten (10) workdays before the effective date, and must include sufficient factual information to establish the basis for the agency's action. As a minimum, it must have the concurrence of the next higher level of management.

  6. If an employee is returned to a non-supervisory or non-managerial position, the determination as to the grade level of the position to which he or she is reassigned will be made as follows:

    1. If the employee was promoted to the supervisory or managerial position, he or she will be reassigned to a position at no lower grade and pay than the position held immediately preceding selection for the supervisory or managerial position.

    2. If the employee was laterally reassigned to the supervisory or managerial position, he or she will be reassigned to a position at the same grade as the supervisory or managerial position.

    3. If the employee requested and accepted a change to lower grade to the supervisory or managerial position, he or she will be laterally reassigned to a position at the same grade level as the position in which probation was being served. Repromotion to the grade level of the position held immediately preceding selection for the lower graded supervisory or managerial position may only be made under competitive procedures, even if it is to the same position held previously.

    4. Determinations as to the location of the position to which an employee is reassigned are made subject to the needs of the Service.

    5. Determinations as to the location of the position to which an employee is reassigned are made subject to the needs of the Service.

6.300.1.16.5  (08-01-2002)
Appeals and Grievances

  1. An employee who wishes to contest the determination of whether he or she is subject to a probationary period due to lack of supervisory or managerial experience may do so under the agency grievance procedure (see IRM 6.771.1). There is no right of appeal to the Merit Systems Protection Board (MSPB).

  2. An employee who wishes to contest the decision to include or exclude his or her assigned position under the probationary system may do so under IRM 6.771.1, Internal Revenue Service Employee Grievance System and Grievance Examiners Handbook. There is no right of appeal to the MSPB.

  3. An employee who wishes to appeal the classification determination that his or her position should or should not be classified as supervisory or managerial may do so at any time, as provided for in IRM 6.511.

  4. An employee who alleges discrimination on grounds of race, color, religion, sex, national origin, age (provided the complainant is at least 40 years old at the time of action), or disabling condition in connection with an action returning the employee to a non-supervisory or non-managerial position must use the agency discrimination complaint system. Final agency action on such complaints is appeal able to EEOC.

  5. An employee who alleges discrimination on grounds of marital status or partisan political affiliation, in connection with an action returning the employee to a non-supervisory or non-managerial position, may appeal to the MSPB. The appeal must be filed with MSPB within twenty (20) calendar days of the effective date of the action.

  6. An employee who wishes to appeal the decision to return the employee to a non-supervisory or non-managerial position may do so under IRM 6.771.1.

6.300.1.17  (08-01-2002)
Recruitment and Selection of Temporary and Term Appointments Outside the Register

  1. Except as OPM may otherwise specify, IRS, in making a temporary or term appointment outside the register, shall determine that the applicant meets the qualification standards issued by OPM, and that he or she is not disqualified for any of the reasons listed in 5 CFR 339.101 and 5 CFR 731.201. Refer to 5 CFR 333 Subpart A for guidance.

6.300.1.18  (08-01-2002)
Recruitment for other than Full-Time Career Employment (Part-Time, Seasonal, and Intermittent)

  1. References:

    • 5 CFR Part 340

    • 5 CFR 315.201

    • 5 CFR 315.802

    • 5 CFR 315.906

    • 5 CFR 531.406

    • OPM's Guide to Processing Personnel Actions, Chapters 6, 15, 16, and 24

  2. Definitions:

    1. Season - Any period of time for which the services of an employee are anticipated for at least one administrative workweek.

    2. Employment Outside the Season - Periods of employment less than one administrative workweek, (i.e., a recall to duty for a two-day period.)

    3. Seasonal - The term used to refer to an employee serving under an appointment with a seasonal work schedule.

6.300.1.18.1  (08-01-2002)
Use of Seasonal Appointment Authority

  1. Care should be taken that the seasonal authority is not used with a type of appointment that is incompatible with the seasonal concept. For example, an Appointment NTE (not to exceed) (date) is incompatible with the seasonal concept, and the term Seasonal should not be added to it.

  2. The restriction on the use of the intermittent tour of duty with seasonal appointments does not restrict its use with other appointments. If an office has a true intermittent need, an appropriate appointment may be made with an intermittent tour of duty. In such a case, the regulations used for crediting service and making other determinations are those strictly related to intermittent service and not those related to seasonal employment.

  3. OPM's Guide to Processing Personnel Actions, Chapters 15 and 16, contains instructions for placing seasonal employees in pay and non-pay status.

6.300.1.19  (08-01-2002)
Establishing and Changing Part-Time Tours of Duty

  1. A reduction in the tour-of-duty for part-time employees not at the employee's request represents an adverse action; accordingly, care should be taken in setting tour-of-duty at a level that can be maintained throughout the year.

  2. Temporary increases in the working hours for part-time employees may be effective for no more than two pay periods. These temporary increases do not require documentation with an SF-50. Increases which will extend beyond two pay periods are considered changes in the tours-of-duty and should be documented on the SF-50 with an appropriate Not to Exceed (NTE) date.

6.300.1.19.1  (08-01-2002)
Other Considerations for Part-Time Employment

  1. The government contribution for the health benefits premium for part-time employees is prorated. For example, a part-time employee who has a 20-hour per week tour of duty will receive one-half (20 hours/40 hours) of the normal government contribution.

  2. In determining qualifications, part-time employment is credited based on the relation it bears to the normal workweek (40 hours per week). That is, an employee who has one year of experience at 20 hours per week will receive credit for six months of experience.

  3. In determining time-in-grade requirements and eligibility for a within-grade increase, part-time employment is credited on a calendar basis. That is, it is credited at the same rate as full-time employment.

  4. Employees should be notified of these considerations for part-time employment when accepting part-time positions.

6.300.1.19.2  (08-01-2002)
Part-Time Career Employment Program

  1. (Reserved)

6.300.1.20  (08-01-2002)
Mobility Requirements for Special Agents

  1. Effective January 1, 1998, new special agents will be notified that mobility is a requirement of employment for individuals entering the Criminal Investigator (Special Agent), GS-1811, series. This practice will ensure that prospective employees will be advised in advance of employment of the possibility of reassignment or relocation due to staffing imbalances or skill shortages.

  2. Vacancy announcements for Special Agent, GS-1811, applicants who are entering the occupation for the first time should contain the following statement: Mobility Requirement: "Mobility is a continuing requirement of employment for special agents. Upon successful completion of all training requirements, new special agents may be assigned to duty stations anywhere in the United States, according to the needs of the Service. Throughout their careers, Special Agents may be reassigned or detailed as the needs of the Service dictate."

6.300.1.21  (08-01-2002)
Medical Qualifications and Examinations

  1. For guidance on medical qualification determinations, see 5 CFR 339, Subparts A and B.

  2. For guidance on medical examinations, see 5 CFR 339, Subpart C.

  3. The only positions that require a pre-employment medical exam are Special Agents (GS-1811). This is to ensure that applicants meet the physical requirements of the position. A Medical Review Form is completed by the Medical Review Officer, and is sent to the hiring personnel office and the applicant.

  4. Some medical background information, in addition to the physical examination, is necessary in qualifying applicants for Special Agent (GS-1811) positions.

6.300.1.22  (08-01-2002)
Motor Vehicle Operator Requirements

  1. The physical standards for motor vehicle operators and incidental operators, and the procedures for evaluating the physical fitness of persons for these positions, are contained in the OPM Job Qualification System for Trades and Labor Occupations (Handbook X-118C).

  2. Particular attention should be given to appointments to positions for Special Agents, GS-1811. For these positions, applicants must possess a valid driver's license at the time of appointment. Certain messenger positions and other positions may have a similar requirement in the qualification standard or position description.

6.300.1.23  (08-01-2002)
Single Agency Qualification Standards

  1. In 1993, OPM officially canceled the Department of the Treasury's remaining single-agency qualification standards (i.e., Tax Technician, GS-526; Tax Law Specialist, GS-987; Internal Revenue Officer, GS-1169; and IRS Special Agent, GS-1811). All qualification standards with the exception of the Attorney, GS-905, for which OPM does not publish standards, are now included in OPM' s Operating Manual for Qualification Standards for General Schedule Positions. Section II of the manual contains guidance, general policies and instructions for interpretation of the qualification standards; Section V contains test requirements; and Section VI contains medical requirements.

6.300.1.24  (08-01-2002)
Standard Interviews

  1. For interviews concerning bargaining unit employees, refer to Article 13 of the negotiated agreement. Behavioral interview techniques may be used for non-bargaining unit vacancies.

Exhibit 6.300.1-1  (08-01-2002)
Time-in-Grade Waiting Periods

Position to be Filled Restrictions** Examples
Up to GS-5 Candidate may advance up to two grades above lowest grade held within the past 52 weeks since last non-temporary appointment from register or direct hire. An employee hired from register at GS-2 receives a new appointment, 6 months later, from register at GS-3. Employee meets TIG for GS-4 and 5.
GS-6 through GS-11. One- grade interval pattern (GS-6, 7, 8, 9, 10, 11) * Candidate must have at least 52 weeks service in positions no more than one grade lower than position to be filled. To meet TIG for a GS-7 secretary position, candidates must have at least 52 weeks of service no lower than GS-6.
GS-6 Through GS-11

Mixed grade interval pattern. *** 		Agency has option to set TIG as 52 weeks at each grade of career ladder, or 52 weeks at no more than one grade lower. A GS-6 employee is in career ladder of GS-5, 6, 8 although the job series normally progresses one grade at a time. Service at GS-6 satisfies TIG for promotion to GS-8 within the employee's own career ladder. To satisfy TIG for a different GS-8 position with the normal pattern (GS-5, 6, 7, 8), the employee must serve 52 weeks no lower than GS-7.
GS-7, 9, 11

Two grade interval pattern (GS-5, 7, 9, 11)* 		Candidates must have at least 52 weeks service in positions no more than two grades lower than position to be filled. A GS-7 employee in a career ladder of GS-7, 9 must serve 52 weeks at GS-7 to meet TIG for promotion to GS-9

An agency establishes a career ladder of GS-7, 8, 9, 11 for an occupation that normally progresses GS-7, 9, 11. After serving 52 weeks at GS-7, the employee satisfies TIG for GS-9, regardless of the intervening GS-8 level.
GS-12, 13, 14, 15 Candidates must have at least 52 weeks service in positions no more than one grade lower than positions to be filled. Candidates must have at least 52 weeks service in positions no more than one grade lower than positions to be filled.

Note:



1. * All occupations advance one grade at a time, except for certain positions in the GS-6/11 range. These interval patterns are listed in Appendix 1 of the OPM Introduction to the Position Classification Standards.

2. ** Service in a non-GS position at an equivalent grade also is creditable. See 6.300.1.9.5(4)

3. *** Unique situations may occur where the career ladder of a position does not fit the established pattern, such as a GS-5, 6, 8 progression instead of GS-5, 6, 7, 8 for a line of work that usually follows a one-grade interval pattern. Agencies are responsible for properly classifying positions in accordance with OPM Position Classification Standards. When positions are properly classified, this irregular promotion pattern would occur only in rare and unusual circumstances.

Exhibit 6.300.1-2  (08-01-2002)
Use of Private Sector Temporaries — Suggested Personnel Certification

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Exhibit 6.300.1-3  (08-01-2002)
Notice of Probationary Separation (for Post-Employment Deficiencies)

[NOTE: Contract rights afforded certain probationers are not included in this letter.]


This is a notice of my decision to terminate your employment with the Internal Revenue Service, effective in accordance with Part 315.804 of the Office of Personnel Management regulations. This termination during your probationary period is based on the following reason(s):


[Although the reason and specification format are not used and the strict specificity requirements of Parts 432 and 752 need not be met, the reason(s) must be sufficiently detailed so that the employee clearly understands why the action is being taken. One or two paragraphs should normally be adequate. Reference should be made, as appropriate, to counseling and instruction received, regulations violated, impact of the deficiencies or misconduct, etc]


You have the right to appeal this action to the Merit Systems Protection Board, [address], under Part 315 of the Office of Personnel Management regulations. However, you may only appeal to the Board if you allege that this action was based in whole or in part on your marital status or political affiliation.


A copy of the Merit Systems Protection Board regulations is enclosed with this letter. Section 1201.24 (a) of the regulations tells you what information must be included in your written appeal to the Board. You may use the appeal form included as Appendix 1 to the regulations, although it is not required that you file your appeal using the form. However, since completion of the form would constitute compliance with the requirements of Section 1201.24(a), you are encouraged to use the form. To be timely, an appeal to the Board must be filed anytime during the period beginning with the day after the effective date of this action and ending twenty (20) calendar days after that date. Filing can be by personal delivery or by facsimile during normal business hours to the Board field office indicated above, in which case the date of receipt in the Board's office is the date of filing, or filing can be by mail to that office, in which case the date of mailing is the date of filing. If you do not submit an appeal within the time set by Board regulations, the appeal will be dismissed as untimely filed unless a good reason for the delay is shown.


Should you allege that the action taken against you was based in whole or in part on discrimination because of race, color, religion, sex, age, national origin, or physical or mental disability, you may appeal the discrimination allegation through the Service's discrimination complaint system under 29 Code of Federal Regulations (CFR) Part 1614 of the Equal Employment Opportunity Commission regulation. To appeal under 29 CFR Part 1614, the allegation must be brought to the attention of an EEO counselor within forty-five (45) calendar days of the effective date of this action.


You may not appeal an allegation of discrimination because of race, color, religion, sex, age, national origin, or physical or mental handicap to the Merit Systems Protection Board unless you also allege that the action was based in whole or in part on your marital status or political affiliation. In that event, you may appeal all allegations of discrimination to the Merit Systems Protection Board.


Information about appeal rights and procedures may be obtained from your Equal Employment Opportunity Counselor.


A standard form 50 effecting your termination is enclosed [or: "will be forwarded to you when available" ].
  Sincerely,

Note:

A copy of the letter will be given to the bargaining unit employee with the notification at the top of the first page: "THIS COPY MAY AT YOUR OPTION BE FURNISHED TO [appropriate Union chapter or local]."

Exhibit 6.300.1-4  (08-01-2002)
Notice of Proposed Termination during Probationary Period (for Pre-Employment Conduct)

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Exhibit 6.300.1-5  (08-01-2002)
Notice of Decision on Probationary Separation (for Pre-Employment Reasons)

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Exhibit 6.300.1-6  (08-01-2002)
Suggested Caution Letter

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Exhibit 6.300.1-7  (08-01-2002)
Statement of Acknowledgement Notice of Probationary Period Requirement

An employee selected for a supervisory or managerial position who has not met the requirement for completion of a probationary period as defined in IRM 6.300.1.23.3 must satisfactorily complete a probationary period. Failure to satisfactorily complete the probationary period will result in return to a non-supervisory or non-managerial position.


In requesting a change to lower grade to accept this position, I understand that if I fail to satisfactorily complete the probationary period, I will be laterally reassigned to a non-supervisory or non-managerial position under the provisions of 5 CFR 315.907. I have been informed that in order to be re-promoted to a position at the grade level of the position I held immediately prior to selection for the lower graded supervisory or managerial position, I will be required to compete for the position, even if it is to the same position held previously.


I understand that signing this statement does not constitute a waiver of any grievance or appeal rights to which I am entitled. I have been given a copy of this statement.
  _____________
Signature
  _____________
Date

Exhibit 6.300.1-8  (08-01-2002)
Sample Statement for Vacancy Announcement

An employee selected for a supervisory or managerial position, who has not met the requirement for completion of a probationary period as defined in IRM 6.300.1.16, must satisfactorily complete a probationary period. Failure to satisfactorily complete the probationary period will result in return to a non-supervisory or non-managerial position, at or below the grade level of the position in which probation is being served. The grade level of the position to which returned will depend upon whether the employee was promoted, laterally reassigned or requested a change to lower grade to enter the supervisory or managerial position.

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